A/HRC/31/57/Add.2 on Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa, which were adopted in April 2014). The Government must ensure that the Guidelines are promptly and duly implemented in local policy and practice, embark on a comprehensive programme of training sessions – with the support of partners from civil society, regional and international organizations, and the diplomatic corps – and ensure that it keeps interrogation rules, methods, and practices, as well as arrangements for the custody and treatment of detained persons, under systematic review in compliance with Article 11 of the Convention. 16. Article 22(1) of the Prisons Service Act provides that prisoners can complain of assault, mistreatment, intimidation, neglect, non-performance of duties, and other misconduct by prison officers. The Special Rapporteur regrets that he did not receive any statistical information regarding such complaints, and reaffirms his previous conclusion that there appear to be surprisingly few complaints given the deplorable conditions experienced daily by nearly 15,000 prisoners nationwide. No prosecutions have been reported under Article 25f, which provides for penalties of up to five years for “any prison officer who in any way tortures, or subjects to cruelty, any prisoner.” 17. There is a lacking sense of urgency to build adequate oversight mechanisms like CHRAJ, which is statutorily empowered to receive and investigate complaints of violations of fundamental human rights and freedoms protected under the Constitution – including the right to be free from torture and other ill-treatment – and to seek remedies, including administrative sanctions, in respect of such acts or omissions (with respect, inter alia, to the GPS and the Police Service). The Special Rapporteur was particularly troubled by CHRAJ’s claims that it does not receive complaints of torture or other ill-treatment by the police because these practices do not occur. The Government has a fundamental legal obligation to ensure prompt, independent, and impartial investigations into all alleged acts of torture and other ill-treatment, to prosecute those responsible and impose administrative and judicial penalties when appropriate, as well as to ensure that victims receive adequate reparations and are not subject to reprisals. A zero-tolerance policy for torture and other illtreatment and the vigorous pursuit of accountability are essential to discouraging law enforcement authorities from engaging in coercive interrogation techniques and other forms of mistreatment. C. Legal safeguards and criminal justice reform 18. The implementation of fundamental legal safeguards to prevent torture and other illtreatment in practice, together with criminal justice system reforms to facilitate judicial management and the prompt and fair disposition of cases, will go a long way in preventing mistreatment and facilitating the improvement of prison conditions. The Special Rapporteur received repeated complaints about the failings of the criminal justice system and the lack of effective safeguards from inmates, which were corroborated by information received from civil society and the Government. It continues to be the case that thousands of inmates languish in prison – whether due to the absence of safeguards and prolonged detention on remand or exceedingly lengthy sentences – and remain at a perpetual risk of being subjected to inhumane conditions and treatment. 19. The Special Rapporteur remains particularly concerned by the broad powers of arrest held by police officers under the Code of Criminal Procedure (i.e., without a warrant and on grounds of “reasonable suspicion” that an offense has been or is about to be committed). The Constitution provides suspects the right to be informed immediately of the reasons for detention; the right of access to a lawyer of their choice; the right to inform a family member of the fact and location of arrest; and the right to appear before a magistrate within 48 hours. However, these rights are most often not guaranteed in practice. Effective methods for speedy registration, reception, and documentation of detainees (including 6

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