E/CN.4/2000/9/Add.4
page 8
two infants had to lie on blankets in the small corridor between the cells, under the direct
supervision of police officers on duty. They therefore had no privacy. At Thika police station
according to the cells register, the official holding capacity of the five cells is 150 detainees. At
the time of the Special Rapporteur’s visit the cells contained 129 persons. Despite the fact that
the cells were not filled to their official capacity, in all of them, except the one holding women, it
was impossible for detainees to lie down at night. A detainee indicated that the day before
around 40 persons had been detained in his cell, while only 12 persons were detained at the time
of the Special Rapporteur’s visit, and that three persons had fainted because of the lack of
ventilation. At the time of the Special Rapporteur’s visit on 27 September, the two cells at the
Garissa police headquarters were empty. Each cell measured approximately 10 square metres.
According to the cells register, these two cells had together held up to 72 persons
on 23 September.
22.
None of the cells visited contained furniture, except blankets which were apparently
given to detainees at night and some occasional straw mattress. Most detainees were sleeping on
the bare concrete floor. It should be noted that all the cells visited were relatively clean,
although fetid. Indeed, most police lock-ups did not have toilet facilities and detainees were
therefore provided with a bucket which, according to them, was emptied regularly.
Opportunities for bathing were very restricted or non-existent. In some police station courtyards,
there were rudimentary showers. Most cells were inadequately ventilated and lighted.
23.
According to the various authorities encountered during visits to police stations, the
different categories of detainees are clearly segregated. Indeed, in all the police lock-ups in
which women were detained at the time of the visit of the Special Rapporteur, i.e., Kikuyu,
Thika and Njoro police stations, they were separated from men. Juvenile suspects were
generally detained in the women’s cell. But detainees were not divided according to the
seriousness of the crime they were suspected of, and detainees convicted for previous crimes
were mixed with first-time suspects.
24.
Except in Thika police station, most detainees interviewed by the Special Rapporteur had
been subjected to torture or other forms of ill-treatment and were bearing visible recent marks
consistent with their allegations (see annex). In the Criminal Investigation Department (CID)
offices at Kikuyu, Njoro and Garissa police stations, the Special Rapporteur saw whips, wooden
sticks and rubber hoses consistent with those described by the alleged victims. No explanation
for the presence of such instruments in police offices was given. Some police officers argued
that they were items of evidence, but none of the instruments carried an identifying label such as
to convince the Special Rapporteur that this explanation was even plausible.
25.
On 27 September, the Special Rapporteur visited the Garissa police headquarters. At the
time of his visit, its two cells were empty. The cells register, however, indicated that 17 persons
had been detained in these cells until the morning of that day. According to the cells register,
one person had been taken to hospital, one had been transferred to Thika police station, five had
been released and nine had been taken to court. No entry had been made next to the name of
one detainee, Ali Mohammed Hassan (see annex), and no explanation could be given to the
Special Rapporteur as to his current whereabouts by the police officers present, including the
Officer-in-charge of the Police District (OCPD). The Special Rapporteur informed the OCPD
that he wanted this person to be produced before him, as it seemed that he had neither been