A/65/44
confinement as disciplinary measures, which may constitute cruel, inhuman or degrading
treatment (arts. 11 and 16).
The Committee encourages the State party to repeal the decree on disciplinary
measures in prison and to find methods consistent with the Convention for handling
prisoners who pose a security risk.
Journalists and human rights defenders
(18) The Committee is concerned about allegations that journalists and human rights
defenders are the subject of harassment, arbitrary arrest, torture, cruel, inhuman or
degrading treatment, and death threats, and that such acts go unpunished. Although taking
note of the detailed information supplied by the State party and, in particular, of the
administrative investigation into the death in custody, on 22 April 2010, of the journalist
Mr. Germain Cyrille Ngota (also known as Bibi Ngota) the Committee is concerned about
the high number of journalists and human rights defenders who have been imprisoned and
about allegations of torture and cruel, inhuman or degrading treatment. It is also concerned
about reports that the security forces put down demonstrations by journalists who were
protesting over the circumstances of the death in custody of a journalist (arts. 2, 11, 12 and
16).
The State party should take effective measures to put an end to the harassment,
arbitrary arrest, torture, cruel, inhuman or degrading treatment, and death threats to
which journalists and human rights defenders are exposed, and to prevent further
acts of violence. In addition, it should ensure that a thorough and effective inquiry is
carried out quickly and that the perpetrators of such acts are duly punished.
Moreover, the Committee joins the United Nations Educational, Scientific and
Cultural Organization (UNESCO) in its call for a thorough forensic medical
investigation into the death of the journalist Mr. Ngota in Kondengui prison.
Events of February 2008
(19) The Committee takes note of the investigations into the events of February 2008 and
of the report drawn up in 2009, although it has not received a copy. It also notes the
administrative inquiry made into allegations of human rights violations, especially the right
to life, by security forces, which concluded that they had acted in self-defence. However,
the Committee is concerned about credible reports from a variety of sources alleging that
the security forces have carried out, against adults and children, extrajudicial killings,
arbitrary detention, acts of torture and cruel, inhuman or degrading treatment, and
violations of the right to a fair trial. It is also concerned about the lack of thorough
individual, impartial and forensic medical investigations of alleged extrajudicial killings
and acts of torture and cruel, inhuman or degrading treatment by the security forces (arts. 2,
11, 12 and 16).
The Committee recommends that a full, thorough and independent inquiry be opened
into the events of February 2008. The State party should also publish the report on the
inquiries it has carried out and submit a copy of it to the Committee for appraisal. At
the same time, the State party should promptly begin thorough, impartial and forensic
medical investigations into allegations of extrajudicial killings, acts of torture and
cruel, inhuman or degrading treatment by the security forces and ensure that the
perpetrators are brought to justice and sentenced appropriately.
Impunity
(20) While welcoming the information transmitted by the State party on the prosecution
of members of the security forces for violations of the Convention, the Committee remains
seriously concerned about:
GE.10-44721
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