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
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