CAT/C/KEN/CO/1
page 5
The Committee urges the State party to take effective measures to bring the
conditions of detention into line with United Nations Standard Minimum Rules for
the Treatment of Prisoners. In addition, the State party should allocate the
material, human and budgetary resources necessary to:
(a) Reduce overcrowding in prisons, in particular the high number of persons in
pre-trial detention, by inter alia enforcing the relevant provisions which provide for
alternative non-custodial measures for minor offences and by reforming the abusive
bail system currently in place;
(b)
Ensure that adequate health services are available in all prisons by
increasing the number of medical practitioners working for the penitentiary system;
(c)
Take the appropriate measures to reduce the high level of violence inside
prisons, including inter-prisoners violence, and punish those responsible;
(d)
Strengthen judicial supervision of conditions of detention foreseen in the
Prison Act.
Non-refoulement and renditions
16. While the Committee acknowledges the long history of the State party as a host country for
refugees from the region as well as it efforts in resettling and integrating these populations, it
remains deeply concerned that the current refoulement procedures and practices may expose
individuals to the risk of torture. More specifically, the Committee notes with concern that
the Immigration Act does not make reference to the absolute principle of non-refoulement in
relation to torture and it does not provide for a process of independent review of removal
orders. The Committee is further concerned about the fact that section 21 (1) of the Refugee
Law (2006) provides for an exception to the general principle of non-refoulement allowing
expulsion of refugees on the basis of national security. (art. 3)
The State party should adopt the necessary measures to bring current expulsion and
refoulement procedures and practices fully in line with article 3 of the Convention.
In particular, expulsion and refoulement of individuals should be decided after
careful assessment of the risk of being tortured in each case and should be subject to
appeal with suspensive effect. The Committee urges the State Party to fulfil all its
obligations under article 3 of the Convention thereby guaranteeing the absolute
principle of non-refoulement.
17. The Committee notes with concern the statements made by the State party delegation, also
confirmed by numerous and consistent reports and allegations, about the practice of returns
and renditions of individuals, nationals and non-nationals, to Somalia, Ethiopia and
Guantánamo Bay, including the case of Mr. Abdulmalik, on the basis of national security and
actions to fight terrorism. (arts. 2 and 3)
The Committee urges the State party to ensure that any measure taken to combat
terrorism is in accordance with Security Council resolutions 1373 (2001) and 1566
(2004), which require that anti-terrorist measures be carried out with full respect