A/HRC/13/39/Add.4 Introduction 1. The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment of the Human Rights Council, Manfred Nowak, undertook a visit to the Republic of Equatorial Guinea from 9 to 18 November 2008, at the invitation of the Government. 2. The purpose of the visit was: to assess the situation of torture and ill-treatment including the conditions of detention in all places where persons are deprived of their liberty, and to offer assistance to the Government in addressing shortcomings in the administration of justice, including the police/gendarmerie and prison sectors. The Special Rapporteur appreciates the fact that Equatorial Guinea extended an invitation to him and trusts that this is a reflection of the willingness of the Government, based on his observations and recommendations, to improve the situation in order to ensure that the conditions and treatment of persons deprived of their liberty comply with international human rights norms. He also thanks the Government for issuing authorization letters providing him with access to prisons and police and gendarmerie custody. 3. However, he regrets that, in spite of the earlier commitment by the Government to grant him access to all places of detention, he was unable to verify allegations against the military because he was denied access to military detention facilities. This is a clear violation of the Terms of Reference for Fact-finding Missions by Special Rapporteurs/Representatives of the Commission on Human Rights of 1998, which guarantee: “(b) Freedom of inquiry, in particular as regards: Access to all prisons, detention centres and places of interrogation…”1 4. Similarly, he is very concerned that, at the main Police Stations in Malabo and Bata, he was denied access when attempting to undertake follow-up visits, which means he could not ascertain whether or not detainees who provided testimony to him had been subjects of reprisals. In this regard, he wishes to recall that the Commission on Human Rights urged “Governments to refrain from all acts of intimidation or reprisal against: (a) Those who seek to cooperate or have cooperated with representatives of United Nations human rights bodies, or who have provided testimony or information to them”2. He also refers to the Terms of Reference for Fact-finding Missions by Special Rapporteurs/Representatives of the Commission on Human Rights of 1998 (c), which provide for “Assurance by the Government that no persons, official or private individuals who have been in contact with the Special Rapporteur / Representative in relation to the mandate will for this reason suffer threats, harassment or punishment or be subjected to judicial proceedings”3. In light of the above, of the absence of any independent monitoring mechanisms and the reigning impunity in the country, the Special Rapporteur feels that he cannot exclude that there might be reprisals against individuals he interviewed during his mission. He has therefore decided to depart from usual practice and to publish only the names of persons whose story is already in the public domain. The names of all other interlocutors are kept confidential. 5. The Special Rapporteur held meetings with the First Deputy Prime Minister for Human Rights; the Minister of Foreign Affairs, International Cooperation and Francophone Affairs, the Minister of National Security; the Minister of Justice, Cults and Penitentiary Institutions; the Minister of Internal Affairs and Local Corporations; the Minister for Social Affairs and the Promotion of Women; the Vice Minister of National Defense; the 1 2 3 E/CN.4/1998/45 Commission on Human Rights resolution E/CN.4/RES/2005/9, para. 1; E/CN.4/1998/45 5