A/68/44
concerning the observance of the principle of non-refoulement during the removal of these
foreign nationals (art. 3).
The State party should ensure that no one, including persons in an irregular situation
who are in Gabonese territory, is expelled, extradited or returned to a State where
there are substantial grounds for believing that he or she would be in danger of being
subjected to torture. It should take all necessary steps to ensure that the principle of
non-refoulement is upheld under all circumstances, including situations similar to
those found in Minkébé, in accordance with its international obligations under article
3 of the Convention, that decisions taken in this regard are arrived at following an
examination of each individual case, rather than on a collective basis, and that the
persons concerned have an opportunity to appeal such decisions.
Training
(16) While taking note of the information furnished by the State party regarding the
training on citizens’ fundamental rights that is provided to law enforcement officers, prison
security staff, police investigators and newly appointed judges, the Committee is concerned
by the fact that this training is not given to all persons involved in the application of the law
and medical personnel who work with prisoners. Sufficient outreach and awareness-raising
activities are also lacking. The Committee is equally concerned by the lack of information
on the impact that such training has had in combating torture and ill-treatment and on its
evaluation. Finally, it notes with concern that the State party has not indicated whether or
not this training covers the application of the Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (the Istanbul Protocol) (art. 10).
The State party should reinforce the training programmes that it offers to civilian law
enforcement officers and military personnel. It should also provide that training to
medical personnel, public officials and other persons who may be involved in matters
pertaining to the custody, questioning or treatment of persons subject to any form of
arrest, detention or imprisonment. It should assess the effectiveness of the training
that is being offered and make certain that the Istanbul Protocol is covered in its
training programmes. It should, in addition, carry out public awareness campaigns
regarding the prevention of torture.
Prison conditions
(17) The Committee has taken note of the State party’s efforts to improve prison
conditions, including its plan to build new prisons and renovate older ones, and its
undertaking to significantly reduce overcrowding in its prisons starting in late 2012. It is
nonetheless concerned about those conditions, particularly with regard to hygiene and
access to health care and to adequate food. It is, in addition, concerned about the high rate
of overcrowding, especially in Libreville Central Prison, and by reports that the principle
whereby different categories of inmates are to be held separately is not always observed in
prisons located in rural areas. The Committee is also concerned about the lack of
information on the enforcement of the law adopted on 26 December 2009 that provides for
improved monitoring of persons serving their sentences and better prison management, as
well as about the absence of specific information on complaints filed by prisoners and on
how those complaints have been processed (arts. 11 and 16).
The State party should redouble its efforts to improve prison conditions and to ensure
that they conform to the United Nations Standard Minimum Rules for the Treatment
of Prisoners, adopted by the Economic and Social Council in its resolutions 663 C
(XXIV) and 2076 (LXII). To this end, it should:
GE.13-46043
17
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