A/HRC/4/33/Add.2
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306.
OHCHR opened a presence in Georgia within the United Nations Country Team in
April 2006. One of its main capacity building undertakings is and will be enabling civil society
as well as government representatives to improve the quality of reporting to treaty bodies and
special procedures; strengthening follow-up to the implementation of Georgia’s international
obligations and stimulating dialogue between civil society and the government.
Kenya
Follow-up to the recommendations made by the Special Rapporteur in the report of his visit to
Kenya in September 1999 (E/CN.4/2000/9/Add.4, para. 92).
307.
The Special Rapporteur regrets that no information has been provided by the
Government on the follow-up to the recommendations of his predecessor. Nevertheless, he notes
that progress has been achieved in some areas, such as with regard to the admissibility of
confessions as evidence in court and the abolition of corporal punishment as a legal criminal
penalty (see also Concluding Observations of the Human Rights Committee CCPR/CO/83/KEN
of 29 April 2005). He welcomes that the prison system is accessible to civil society monitors. He
encourages extending this openness to the police’ detention facilities, in particular in view of the
fact that the time limit that applies to a person accused of a capital offence is still 14 days before
he/she is brought before a judge (see also Concluding Observations of the Human Rights
Committee CCPR/CO/83/KEN of 29 April 2005). He also calls on the Kenyan Government to
consider acceding to the Optional Protocol to the Convention against Torture.
308.
Recommendation (a) stated: The Government should ensure that all allegations of
torture and similar ill-treatment are promptly, independently and thoroughly investigated
by a body capable of prosecuting perpetrators.
309.
According to information received from NGOs and other sources, the responsibility for
investigating cases of alleged torture and ill-treatment still rests with the Kenya Police Force,
who has to investigate, amongst others, against its own officers. An independent body for
impartial and full investigations of allegations of torture is not in place. Only few cases of
misconduct of public officials have led to prosecutions thus far. These include cases of multiple
killings of prison inmates by public officials. On the role of the Kenya National Commission on
Human Rights (KNCHR) see below under recommendation (c).
310.
Recommendation (b) stated: The police, at a level at least as senior as AssistantCommissioner, should systematically make thorough, unannounced visits to police stations
to verify the legality of the detention of all persons held, as well as their treatment and
conditions of detention. Disciplinary and, as appropriate, criminal charges should be
preferred in respect of any abuses.
311.
According to information received from NGOs and other sources, senior police officers
carry out visits to police stations and places of detention. However, these visits are irregular and
mainly conducted for administrative reasons rather than for supervision of treatment of
detainees.
312.
Recommendation (c) stated: A body such as the Standing Committee on Human
Rights should be endowed with the authority and resources to inspect at will, as necessary
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