Non-governmental sources: Family
members of persons targeted during
military operations in the Mount Elgon
District remain uninformed about the
whereabouts and status of their next of kin.
i) Close family members
of persons detained
should be immediately
informed of their
relative's detention and
be given access to them;
j) The police monopoly
of issuing P3 forms for
medical examinations
should be abandoned;
- The request for the
issuing of a "Medical
Examination Report" (P3)
had to be made to the
police, who reportedly
frequently refused to issue
the patient or even the
doctor with the P3 form
and therefore prevented the
bringing of a case through
the resulting lack of
evidence;
- P3 forms were the only
medical form accepted as
evidence by most
magistrates;
In order to enhance accessibility of the P3 form,
it was made available online.
Non-governmental sources: Only a
limited number of Kenyans have access to
internet and thereby to the P3 form. Upon
downloading the form, it has to be stamped
by the police and referred to a government
medical practitioner for filing that can
charge fees. The P3 and A23 forms have
several shortcomings as instruments of
documenting torture.
There are very few medical officers in
detention facilities, and they are often
inadequately trained on issues of torture
and ill-treatment.
- Cases if intimidation of
medical personnel;
k) Magistrates and
judges, like prosecutors,
should always ask a
person brought from
police custody how they
have been treated and be
particularly attentive to
- Based upon case law,
magistrates were required
to hold "a trial within a
trial" when the defendant
claimed that he or she had
been torture. According to
information received by the
SR, magistrates would
Non-governmental sources: Magistrates
and judges fail to ask persons brought
before them about their treatment in
custody. Research on the prevalence of
torture in prisons revealed that 54 per cent
of the complaints of torture by prisoners
were made before magistrates and judges,
and no action was taken in 81 per cent of
A/HRC/13/39/Add.6
102
frequently denied access to
their clients in pre-trial
detention centres of in
prisons.
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