A/HRC/13/39/Add.4
Black Beach Prison, namely Florencio Ela Bibang, Antimo Edu Nchama, and Felipe Esono
Ntutumu7, who the Special Rapporteur regrettably was not able to meet because he was
unable to gain access to the part of the prison where they were reportedly held. Also a
number of other cases of prolonged secret detention, most often of persons accused of
political crimes, have been brought to his attention.
54.
The Special Rapporteur interviewed one individual who had been arrested in
Cameroon, where he used to live as a refugee some months prior to the visit. He was then
handed over to soldiers of the Equatoguinean Presidential Guard who took him to Malabo.
He was detained incommunicado in solitary confinement, handcuffed and in leg-irons. Both
were removed shortly before the Special Rapporteur arrived.
III.
An environment conducive to torture
A.
Non-functioning of the Administration of Justice
55.
The context that allows torture to continue unabatedly is characterized by the nonfunctioning of the administration of justice and, therefore, the absence of the rule of law. In
this context, the Special Rapporteur wishes to recall the findings of the Working Group on
Arbitrary Detention on their visit in November 2007 (A/HRC/7/4/Add.3), which discussed
serious concerns in the following areas: the compatibility of the legal framework with
international standards; the lack of independence of the judiciary; the excessive power of
the police and the military, and the lack of a registration system. The Special Rapporteur
also found that the judiciary did not fulfil its role as an element of protection against torture.
Rather it appeared to be effectively controlled by the law-enforcement bodies. According to
numerous testimonies, when any victim or his/her lawyer raised torture allegations in court,
the judge did not pay any attention. Moreover, only very few of the detainees interviewed
by the Special Rapporteur had lawyers. If they did, they generally did not trust them. Lawenforcement was militarized, in practice the various bodies were indistinguishable from
each other and lacked any accountability mechanisms. Moreover, “evidence” obtained
under torture was commonly used as the basis for convictions, which meant that there was
considerable pressure on the police to extract confessions. The police and other lawenforcement bodies clearly also lacked training. According to many detainees, the prison
authorities did not take any action when detainees with visible traces of torture arrived. The
Prosecutor did not appear to play a major role at all.
B.
Impunity
56.
Notwithstanding article 14 of Law 6/2006, which contains a victim and witness
protection clause and requires the State to ensure that every alleged victim of torture may
present a complaint to a judge and that the case be examined promptly and impartially by
the competent authorities, in practice no complaints channels exist and detainees cannot file
any complaints with State bodies that would entail investigations and prosecutions. Also,
many interlocutors of the Special Rapporteur indicated that they were afraid of reprisals, in
particular by the police.
57.
Whereas the Commission on Human Rights of Equatorial Guinea (CHR), created by
Decree Law no. 7/1990 of 27 September 19908, was mandated to receive complaints and
7
8
16
See also report of the Working Group on Arbitrary Detention A/HRC/7/4/Add.3.
The Commission has not sought accreditation with the International Coordinating Committee of
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