A/HRC/13/39/Add.4
Prosecutor General of the Republic of Equatorial Guinea, and the Governor of the Province
of Bata – Litoral.
6.
Outside of Government, the Special Rapporteur met with the Chairman of the
Appeals Court of Malabo and the Secretariat of the National Human Rights Commission.
He also had discussions with civil society representatives, persons in places of detention
and victims of ill-treatment. In addition, the Special Rapporteur held meetings with the
United Nations country team and the diplomatic community. The Special Rapporteur
visited a number of prisons and police/gendarmerie custody facilities on Bioko Island and
on the mainland (please see appendix).
7.
The Special Rapporteur wishes to express his gratitude to the United Nations
Country Team, in particular the Resident Coordinator; and the OHCHR staff for the
excellent assistance prior to and throughout the mission; Dr. Derrick Pounder, forensic
expert; and Ms. Isabelle Tschan and Ms. Johanna Lober of the Ludwig Boltzmann Institute
of Human Rights in Vienna.
8.
The Special Rapporteur shared his preliminary findings with the Government at the
close of his mission. On 2 September 2009, a preliminary version of this report was sent to
the Government. On 16 October 2009, the Government provided comments, which are
attached to this report.
I.
Legal framework
A.
International level
9.
Equatorial Guinea is party to the major United Nations human rights treaties
prohibiting torture and ill-treatment: the International Covenant on Civil and Political
Rights (ICCPR); the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment and Punishment (CAT); the Convention on the Rights of the Child (CRC); and
the Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW). Equatorial Guinea has acceded to the first Optional Protocol to ICCPR and has
therefore recognized the competence of the Human Rights Committee to consider
complaints by individuals regarding violations of the Covenant. It has not acceded to the
Second Optional Protocol aiming at the abolition of the death penalty. Equatorial Guinea
has not made a declaration under Art. 22 of CAT, recognizing the competence of the
Committee against Torture to receive and consider communications from or on behalf of
individuals claiming to be victims of a violation of one or more provisions of the
Convention and has not signed the Optional Protocol for the Prevention of Torture
(OPCAT).
10.
Equatorial Guinea has ratified the four Geneva Conventions of 1949 and the
Additional Protocols I and II but is not a State Party to the Rome Statute of the International
Criminal Court.
B.
Regional level
11.
Equatorial Guinea also ratified the African Charter on Human and Peoples’ Rights
as well as the African Charter on the Rights and Welfare of the Child. It has signed
Protocols on the Rights of Women and the African Court on Human and Peoples’ Rights.
As a member of the African Union, Equatorial Guinea is encouraged to abide by the
Resolution on Guidelines and Measures for the Prohibition and Prevention of Torture,
6
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents