A/68/44
(26) Noting the commitment made by the State party in the context of the universal
periodic review (A/HRC/22/14/Add.1, para. 147.9), the Committee urges the State party to
accelerate the current domestic discussions and to ratify the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment as soon as possible. The Committee also recommends that the State party
consider making the declaration envisaged under article 22 of the Convention.
(27) The Committee invites the State party to ratify the core United Nations human rights
treaties to which it is not yet a party, namely the Second Optional Protocol to the
International Covenant on Civil and Political Rights, the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families, and the
Convention on the Rights of Persons with Disabilities.
(28) The State party is requested to disseminate widely the report submitted to the
Committee and the Committee’s concluding observations, in appropriate languages,
through official websites, the media and non-governmental organizations.
(29) The Committee requests the State party to provide, by 31 May 2014, follow-up
information in response to the Committee’s recommendations related to (a) ensuring or
strengthening legal safeguards for persons detained, (b) conducting, prompt, impartial and
effective investigations, and (c) prosecuting suspects and sanctioning perpetrators of torture
or ill-treatment, as contained in paragraphs 10, 11 and 15 of the present concluding
observations. In addition, the Committee requests follow-up information on remedies and
redress to the victims, as contained in paragraph 19 of the present concluding observations.
(30) The State party is invited to submit its next report, which will be the third periodic
report, by 31 May 2017. To that purpose, the Committee will, in due course, submit to the
State party a list of issues prior to reporting, considering that the State party has accepted to
report to the Committee under the optional reporting procedure.
72.
Kenya
(1)
The Committee considered the second report of Kenya (CAT/C/KEN/2) at its
1146th and 1149th meetings, held on 15 and 16 May 2013 (CAT/C/SR.1146 and 1149),
and adopted at its 1164th and 1165th meetings, held on 29 May 2013 (CAT/C/SR.1164 and
1165), the following conclusions and recommendations.
A.
Introduction
(2)
The Committee expresses its appreciation to the State party for accepting the
optional reporting procedure and for having submitted its periodic report under it, as it
improves the cooperation between the State party and the Committee and focuses the
examination of the report as well as the dialogue with the delegation. The Committee also
welcomes the submission of the State Party’s core document in 2011
(HRI/CORE/KEN/2011).
(3)
The Committee appreciates the frank dialogue with the State party’s high-level
delegation, which covered various areas of concern under the Convention.
B.
Positive aspects
(4)
The Committee welcomes the State party’s efforts to strengthen its legal and
institutional framework to safeguard universal human rights protection, including, inter alia,
the following:
(a)
Enactment of the Constitution, in 2010, including especially:
(i)
The comprehensive Bill of Rights, with the non-derogable right to “freedom
from torture and cruel, inhuman or degrading treatment or punishment” (art. 25 (a));
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