A/HRC/13/39/Add.4
Superior). After lengthy negotiations the Special Rapporteur was granted access to the
interrogation room in the basement. He found a mattress, two black tables next to each
other, a special red lamp, handcuffs and wooden and metal bars. The room and its
equipment matched the description the Special Rapporteur had received prior to his visit to
Bata Police Station from alleged victims.
On the ground floor, at the far end, male foreigners were detained in a spacious area that
consisted of an open courtyard where the detainees could play football or sit on chairs.
During the night, the detainees were locked into one large room that was separated from the
yard with an iron grid but no walls. The room had several mattresses, a few beds, tables and
chairs on the floor and was generally clean. The lights on the ceiling had been shaded with
cloths by the detainees as they said the lights were not switched off at night. The adjacent
sanitary facilities were newly built and in very good condition, including running water and
electricity. At the time of the visit, about 15 to 20 persons were detained in this area. The
detainees all came from neighboring countries, such as Congo Brazzaville, Gabon,
Cameroon, Benin, Burkina Faso, Mali, Niger, Nigeria and Democratic Republic of Congo.
The detainees informed the Special Rapporteur that they were detained because they could
not produce visa documents or because they were accused of having false documents. One
of the detainees had spent one month in detention, others had been held for a week or
several days. Some complained that they had been beaten upon arrest and most of them said
the police had taken away their possessions, in particular the money they had in their
pockets and their cell phones. According to the detainees, in the morning of the day of the
Special Rapporteur’s visit, four persons who showed clear physical signs of ill-treatment
and abuse on their buttocks and backs had been released.
According to the detainees, the police did not provide them with adequate food, and they
had to rely on family and friends, who were often not allowed into the police building, so
that the detainees did not have enough to eat. With respect to the physical conditions of the
area, the detainees said they were not protected from the mosquitoes that came through the
open grid at night, attracted by the burning light.
On the first floor, there were two separate wings. Most of the cells to the right were
reserved for soldiers. On the left side, Equatoguineans and two foreign women were held in
police custody in seven cells equipped with beds and mattresses as well as sanitary
facilities. In general, detainees were allowed to receive visitors who brought food and
water. All cells were open so that detainees could walk around. The Special Rapporteur
received consistent allegations of torture applied during the interrogation at night in the
interrogation room in the basement. These allegations were corroborated by the medical
evidence taken by the forensic expert.
At night, the male detainees reportedly approached the foreign women and tried to touch
and rape them. In addition, a police officer repeatedly asked one of them to become his
wife, threatening to beat her if she refused.
Second visit: Although the Special Rapporteur had an appointment with Commissioner
Bienvenido Esono Eugonga on 17 November, he and his team were insulted and threatened
with a machine gun when they were about to enter the building of the Central Police
Station. Only with some delay the Special Rapporteur was admitted to the building and the
office of the Commissioner. While the Commissioner apologized for the incident, the
Special Rapporteur was denied access to the detainees to continue his fact-finding.
Male detainee, foreigner, had been arrested two weeks earlier by five members of the
Judicial Police because he was unable to produce valid papers. He said that he was slapped
in the face by the police officers. Since he arrived at Bata Police Station, he was not
physically abused. However, he said that he had seen other detainees being beaten in the
station, mostly upon arrival.
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