A/HRC/13/39/Add.4
or little access to food and/or water since, in most cases, they had no family members
nearby to help them. This frequently rendered them dependent on other detainees for
assistance. Moreover, their ability to contact the consular representations of their countries
was limited. Many foreign detainees in Malabo Police Station and Bata Police Station had
not been allowed to contact their consulates in spite of several requests to that effect.
50.
Immigrants in prisons and police detention facilities ran an increased risk of being
subjected to discriminatory practices and sometimes even physical abuse by guards, as well
as other detainees. The Special Rapporteur is very concerned about repeated allegations that
foreign detainees in police custody in Malabo and Bata were frequently subject to beatings,
harassment and also sexual violence by Equatoguinean detainees, tacitly tolerated or even
encouraged by the police officers.
D.
Lack of reparation and re-victimization
51.
Article 9 of Law 6/2006, in accordance with the requirements under article 14 of the
Convention Against Torture that victims of torture must have access to redress and
adequate compensation, holds that a person responsible for an offence “is obliged to
provide reparation for the damage and compensate the victim or his/her relatives for the
prejudices caused in the following cases: a) loss of life; b) harm to the health; c) loss of
liberty; d) loss of revenues; e) incapacity to work; f) loss or harm of property; g) damage to
one’s reputation”. Article 10 provides that the State, as a subsidiary, guarantees reparation
and the right to just and adequate compensation to any victim of torture or cruel, inhuman
and degrading treatment or punishment, including means for rehabilitation as complete as
possible. However, the Special Rapporteur did not learn of a single case where
reparation/compensation was provided, which is of even greater concern given the scale of
the use of torture he observed.
52.
On the contrary, since the administration of justice is dysfunctional (see also section
III A), many torture victims experience a total lack of justice: perpetrators are practically
never prosecuted; those who file complaints against their torturers, become stigmatized,
find it difficult to find jobs or return to school and live in constant fear of reprisals by the
authorities; those who have been imprisoned for long periods without ever learning why,
have the feeling that their lives have been destroyed. In addition, some of the detainees
interviewed by the Special Rapporteur suffer from serious physical symptoms as much as
seven years after the occurrence of the acts of torture, e.g. one man had not been able to
move his arms for one year and continues to feel numbness in his hands, is still unable to
wear shoes and has difficulties walking because the tissue of his soles has been destroyed
by extremely severe beatings on the soles of his feet and suspension by his arms seven
years earlier. A number of victims indicated that they were in urgent need of psychological
rehabilitation, which was not available in Equatorial Guinea. Overall, the Special
Rapporteur finds that the combination of social exclusion of persons who defended their
rights, the total lack of reparation and justice, together with the untreated physical and
mental consequences that torture victims experience constitutes a vicious circle of revictimization, in many cases causing ongoing suffering that might amount to inhuman
treatment.
E.
Involvement in kidnappings abroad/secret detention
53.
Numerous reports indicate that Equatoguinean officials have been involved in, or
have committed themselves, kidnapping abroad before transferring the individuals to
Equatorial Guinea and holding them in secret and/or incommunicado detention. This was
allegedly the case of three persons who are still being held in secret detention probably in
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