CAT/C/KEN/CO/2 Mental health institutions 31. The Committee is concerned by reports of deplorable conditions in psychiatric institutions and other places of deprivation of liberty and regrets the lack of information by the State party on the conditions in such institutions (arts. 16). The State party should ensure that all places of deprivation of liberty, including psychiatric hospitals, are adequately monitored and that effective safeguards are in place to prevent any ill-treatment of persons in such facilities. The State party is urged to provide detailed information on the place, time and periodicity of visits, including unannounced visits, to psychiatric institutions and other places of deprivation of liberty, and on the findings and follow-up on the outcome of such visits. Human rights defenders 32. The Committee is concerned that human rights defenders continue to report intimidation, harassment and ill-treatment by the police. The Committee is concerned by the State party’s inability to provide effective support to human rights defenders and to promptly, effectively and impartially investigate, prosecute and punish acts of violence and intimidation against human rights defenders. The Committee regrets the lack of information on the investigation of the reported attack on 9 November 2012 on the executive director of the NGO Kenyans for Justice and Development (arts. 2, 12, 13 and 16). Bearing in mind the Committee’s previous recommendation (CAT/C/KEN/CO/1, para. 28), the State party should take effective steps to ensure that all persons reporting acts of torture and ill-treatment are protected from intimidation and reprisals in any form. The State party should ensure prompt, effective and impartial investigations of any allegations of abuse or intimidations against human rights defenders, including the attack of 9 November 2012. The Committee encourages the State party to seek closer cooperation with civil society in upholding human rights, including the prevention of intimidation, reprisals and ill-treatment of human rights defenders. Death penalty 33. While acknowledging that the death penalty has not been applied in the State party since 1987, the de facto moratorium on the death penalty and the President’s initiative to commute 4,000 death sentences in 2009, the Committee remains concerned by the legal uncertainty following the High Court’s judgements, the high number of death sentences passed, including for minor offences, and the conditions of the 1,600 persons still on death row (arts. 2 and 16). The Committee recommends that the State party reconsider the possibility of reviewing its policy with a view to abolishing the death penalty. The State party should ensure that all persons on death row are afforded the protection provided for under the Convention and are treated humanely. The State party should support the efforts of the Kenya National Commission on Human Rights to conduct a survey and awareness-raising measures regarding public opinion on the death penalty. Deaths of police officers 34. The Committee is concerned by reports of a high number of deaths of police officers while on duty, including in the context of “special operations” in Mandera District and Tana River District (arts. 2, 10 and 16). The State party should ensure that police officers are trained and equipped appropriately so as to ensure sufficient preparation for the tasks at hand. The State 11

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