E/CN.4/2000/9
page 66
Observations
315.
The Special Rapporteur notes he has still not received any responses to
communications he sent in 1998. The Special Rapporteur is gratified to learn of
the intention of the Government to abolish the death penalty, a development
consistent with the greater protection of all persons against cruel, inhuman and
degrading punishment.
Republic of the Congo
Regular communications and replies received
316.
By letter dated 3 September 1999, the Special Rapporteur informed the
Government that he had received information on the practice of torture. The
Government responded to some of the allegations by letter dated 11 November
1999.
317. The Special Rapporteur informed the Government that he had received
information indicating that torture was still commonly practiced in police
stations. Persons under arrest were consistently beaten. Such acts were
reportedly aimed at extracting confessions which, according to the information
received, are then entered in the files and accepted by the courts. The socalled Kilimandjaro method is said to be used regularly in the Brazzaville
police station. It involves handcuffing someone's hands behind the back,
attaching a cable to the ceiling and hanging the person by the arms while he or
she is lashed with a chicote on the back and wooden bludgeons on the calves. The
room where this type of torture is practiced is reportedly known by the same
name. Many victims have complained of not receiving medical treatment while
under arrest. A police commander has reportedly defended the use of torture on
the grounds that the police lack sophisticated means of conducting their
investigations.
318.
Prison detention conditions are said to be extremely poor and detrimental
to the health of prisoners. In addition to overcrowding and the resulting lack
of ventilation, the cells are reportedly very damp, and this triggers skin
diseases. The few toilet facilities that exist are allegedly in poor repair. No
food is distributed to prisoners. Some, whose families have not been informed of
their detention or reside at a distance, are said to remain for days without
food. Little medication is available. A number of prisoners have reportedly died
for lack of food or medical treatment. Not having the appropriate
infrastructure, most prisons cannot separate or create several sections for
prisoners. All prisoners, adults and minors, convicted and awaiting sentence,
are reportedly held in detention together. The preventive detention cells in
police stations are also allegedly overcrowded and unhealthy.
319.
With regard to detention conditions, the Government rejected the
allegations outlined above and gave the example of a central detention facility
in Brazzaville which has been renovated and now provides beds, modern toilet
facilities, medical treatment and social counselling. In 1998, the Government
signed an agreement with Penal Reform International on the institution of
community service as an alternative to incarceration. In addition, the
Government pointed out that delinquent minors were detained in special education
centres.
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