E/CN.4/1997/7
page 32
at night; rape or the insertion of objects into the vagina; and pricking the
penis with large pins or tying the penis with a string and pulling.
131. The vast majority of officials engaging in torture or ill-treatment
were said to act with impunity. The courts reportedly rarely investigated
complaints of torture, examined medical evidence, questioned the lack of
medical treatment from a prisoner who alleges that he or she was tortured, or
declared evidence or confessions of guilt inadmissible when extracted by
torture. The courts were also said seldom to enforce the legal limits on the
duration of detention periods. Lawyers defending prisoners alleged to have
been tortured had reportedly faced threats to their employment and received
excessively high income tax bills to dissuade them from taking up such cases.
132. The denial of medical care to prisoners was alleged to be prevalent.
Private doctors are reportedly frequently denied access to prisoners or
must pass through such hurdles as obtaining a court order in order to gain
such access. Doctors who were able to examine prisoners allegedly faced
intimidation from warders. Detainees and prisoners were often refused access
to hospitals and, even when taken, were sometimes removed from hospital before
treatment had commenced or been completed.
133. In a reply dated 18 March 1996 the Government stressed that torture as a
means of intimidation or extracting confessions from prisoners or witnesses
was prohibited and confessions obtained as a result of torture or intimidation
were inadmissible in a court of law. Indeed, there had been instances when
the courts had rejected such evidence. In cases where police officers had
overstepped their bounds, they had been called upon to face the law and if it
were established that they had committed an offence, the officers were
punished. Law enforcement officers were instructed to follow both Kenyan
national law and the United Nations Code of Conduct for Law Enforcement
Officials. Those officers who exceed lawful force are subjected to criminal
prosecution and/or disciplinary measures. In recent times, the Attorney
General has acted in about 25 cases, sanctioning 48 law enforcement officers
on various charges, such as murder and manslaughter, torture, and/or had
directed public inquests to be held.
134. It was untrue that courts consistently failed to investigate complaints
of torture. There had been many instances when officials were summoned to
court to produce suspects held in police custody. Such orders had always been
complied with. The Commissioners of Police and Prisons had on several
occasions been ordered by courts to take suspects to hospital or to allow
private doctors to visit those being detained. While it was true that fees
for courts and lawyers were higher than the average Kenyan might be able to
afford, this problem was economic in nature and could best be solved by
development projects geared to raising the standards of living of the entire
citizenry.
135. There had never been a deliberate attempt by the Government to deny
prisoners medical facilities. The Prisons Act required prison officers to
take ill prisoners to hospital and the Ministry of Health managed prison
health facilities with the available resources. Private doctors were also
allowed to treat prisoners within the procedures stipulated in the Prison
Rules. However, poor health facilities were a national problem stemming from
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