CAT/C/KEN/CO/2 of a young man who died after he was shot by police officers in Nairobi, in April 2013, following the theft of a mobile phone (arts. 11 and 12). In the light of its previous recommendation (CAT/C/KEN/CO/1, para. 20), the Committee urges the State party to ensure that all cases of use of lethal force and excessive force by security forces, including those that occurred in Mandera and the Tana River District, are promptly, effectively and independently investigated, and that the alleged perpetrators are brought to justice and if convicted, sentenced according to the grave nature of such acts. In addition, the State party should: (a) Ensure that no changes to the Independent Police Oversight Authority’s (IPOA) mandate alter its obligation to report deaths caused by the police; (b) Properly regulate the use of firearms by the police, with a view to ensuring that they comply with the United Nations Basic principles on the use of force and firearms by law enforcement officials (1990); (c) Adequately train all law enforcement personnel, especially police officers, on the use of force; (d) Make public the results of all the investigations on extrajudicial killings, enforced disappearances and excessive use of force by police officers, especially the above-mentioned cases. Fundamental legal safeguards 10. While the Committee welcomes the information on the legal safeguards afforded to persons in police custody, it is concerned that these standards are not fully upheld in practice, especially timely access to a lawyer and a medical doctor, the right to contact a family member and timely presentation before a judicial authority (arts. 2 and 11). The State party should ensure that, in law and in practice, all detainees are afforded the fundamental legal safeguards from the moment of arrest, including the right to a lawyer, to notify a relative, to request an independent medical examination and to be presented to a judicial authority within 24 hours, as provided for in article 49 (para. 1 (f) (i)) of the Constitution. To this effect, the Committee refers the State party to its general comment No. 2 (2008) on the implementation of article 2 by States parties, that is, effectively preventing torture and ill-treatment. Further, the State party should ensure that the Persons Deprived of Liberty Bill (2012) contains all the necessary legal safeguards and is tabled in Parliament. Police reform and investigations 11. While noting with appreciation the ongoing police reforms, in particular the enactment of the National Police Service Act (2011), the establishment of the IPOA and the adoption of a Police Code of Conduct, the Committee remains deeply concerned by the persistent failure by the State party to promptly, impartially and effectively investigate all allegations of acts of torture and ill-treatment by police officers, and to prosecute the alleged perpetrators (arts. 12 and 13). The Committee urges the State party to take all necessary measures to ensure that the National Police Service Act (2011) is effectively implemented, ascertain that all allegations of acts of torture or ill-treatment by police officials are promptly, effectively and impartially investigated, duly prosecuted under the offence of torture or other cruel, inhuman or degrading treatment or punishment and if convicted, punished appropriately. In particular, the State party should ensure that: 3

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