CAT/C/RWA/CO/2
the Committee notes with concern that the Law does not define criteria for the selection of
these people and their period of stay in the centre but instead refers to a ministerial order for
further regulation. Although the Gikondo Transit Centre in Kigali has been regulated by
such an order since 2015, the Committee is concerned that the overall length of the
detention in this centre is not limited, its necessity is not reviewed by a court, and the
detainees are not afforded due process rights and cannot challenge the legality of their
detention. The Committee is also concerned by information that, despite marginal
improvements, the conditions in all transit centres remain extremely harsh, and children are
reportedly detained in the same building as adults. The Committee is particularly disturbed
at reports that people detained, including children, are regularly beaten and that, as a result
of the beatings, a lack of medical care and poor detention conditions, several persons have
allegedly died during or just after their detention. While noting the State party’s affirmation
that there have been no deaths in transit centres, the Committee regrets the State party’s
failure to clarify whether or not there have been investigations into allegations of violence
or deaths inside the centres (arts. 2 and 11–13).
31.
The State party should:
(a)
Abolish the current system of involuntary detention in “transit” and
“rehabilitation” centres, which allows persons to be arbitrarily detained without due
process safeguards, making them vulnerable to abuse;
(b)
Release all persons detained in transit centres, unless there is a
reasonable suspicion that they have committed a criminal offence, in which case they
should be brought promptly before a judge;
(c)
Prioritize the use of community-based or alternative social care services
for persons who are in street situations or dependent on drugs, including the
placement of children in family-based settings;
(d)
Promptly, impartially and effectively investigate all allegations of illegal
detention, ill-treatment and deaths in transit or rehabilitation centres, duly prosecute
perpetrators and officials who were complicit or allowed those acts to occur and hold
them accountable;
(e)
Provide adequate redress to all persons who have been arbitrarily
detained in transit and rehabilitation centres and their families.
National human rights commission
32.
While noting that the National Commission for Human Rights has the mandate to
visit places of detention, the Committee is concerned that there has been no mention of
arbitrary detention in military facilities in the Commission’s annual reports for the past 10
years, in spite of allegations from former detainees in military custody claiming that they
had reported their cases to the Commission. In view of the above, the Committee regrets the
State party’s failure to clarify whether or not the Commission had visited places under
military control and how many complaints of torture it had received from persons detained
in those places (arts. 2, 11 and 13).
33.
The State party should take the necessary legislative and other measures to
ensure, in law and in practice, the independence of the National Commission for
Human Rights, so that it investigates promptly and impartially all allegations of
torture and ill-treatment that it receives and reports on illegal detention and on
complaints of torture in its annual reports.
National preventive mechanism
34.
The Committee takes note of the current revision of the Law on the National
Commission for Human Rights to provide for the establishment and mandate of the national
preventive mechanism, but it regrets the lack of specific information on the resources that
will be allocated, whether the mechanism will have access to military facilities and how its
independence will be guaranteed (arts. 2, 11 and 13).
35.
The Committee urges the State party to make the necessary legislative
amendments to ensure that the National Commission for Human Rights effectively
8