E/CN.4/1997/7
page 33
lack of resources and not a problem of detainees only. The Prison Department
and the Ministry of Health were only able to meet the health needs of
detainees from limited resources.
136. Kenyan prisons were 30 per cent overcrowded, but efforts were being made
to decongest the prisons. On 20 October 1995 (Moi Day), the president
released some 10,000 petty offenders serving custodial sentences. In
December, the Government organized a symposium for law enforcement and
judicial officers on extramural punishment, with a view to having more
extramural sentences adopted to alleviate crowding in the prisons. On
20 February 1996 the Attorney General appointed an Interim Committee in
Community Service to implement the symposium's recommendations and produce
legislation to that effect. The Government had also expanded the capacity of
old prisons, such as Nairobi Remand Prison, and had built new prisons in Busia
and Siaya districts. It had also acquired more blankets, mattresses and
clothing for prisoners.
137. The Special Rapporteur transmitted 24 individual cases and the
Government replied to 14 of these cases. The Government also replied to two
cases which had been transmitted in 1995.
Observations
138. The Special Rapporteur is grateful for the responses of the Government
on a number of the cases he transmitted. He, nevertheless, believes that the
nature and extent of the information he receives suggests the continuing
desirability that he be extended an invitation to visit the country.
Libyan Arab Jamahiriya
139. The Special Rapporteur made one urgent appeal on behalf of eight
persons.
Mexico
140. The Special Rapporteur informed the Government that he had received
reports according to which the courts continue to base their action on
well-established case-law in accepting confessions, in many cases extracted
under torture, as primary evidence in pronouncing convictions, although this
is at variance with, inter alia , the Federal Act for the Prevention and
Punishment of Torture. The remedy of
amparo , which enables individuals to
challenge acts by the authorities which violate rights established in the
Constitution, is apparently ineffective in situations of this kind since, in
accordance with existing case law, the first confession can still be used to
convict a person even if it can be proved that it was obtained through the use
of force. In addition, there is reportedly a tendency on the part of judges
to disregard medical certificates furnished by defendants as proof of having
been tortured. It was also reported that, pursuant to the above-mentioned
Act, no convictions have yet been pronounced, even though the Act has been in
force for several years.
141. The Special Rapporteur transmitted 13 newly reported cases to which the
Government replied. He also retransmitted four cases from previous years,
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