CAT/OP/GAB/1
commitment and the individual initiatives they had taken; this impression was backed
up by the testimony of both prisoners and staff.
56. In general, the delegation heard relatively few allegations of ill -treatment of
inmates by prison staff. It did however hear corroborating testimony in Libreville
Central Prison of the practice of beating up new arrivals, including women and
children, and that the prisoners could avoid this by paying a sum of money (see also
para. 79). Former detainees also reported that minors were then brought to “oldtimers” to be raped. Several allegations mentioned disciplinary measures in the form
of severe beatings with whips, belts, canes, sticks or, for women, shaving of the head.
57. The delegation heard a number of allegations of violence between prisoners in
the context of the self-management system that was observed in Libreville and Port Gentil prisons. In particular, it noted that the disciplinary measures are often chosen
by the cell and yard bosses and inflicted by other prisoners. The Subcommittee is
alarmed by information that vulnerable persons or prisoners who are not helped by
their families, in particular minors and foreign nationals, are forced into prostitution to
provide for their needs. The death in October 2012 of a 20 -year-old prisoner as a
result of brutal sodomization, which was reported by the media, aroused much
controversy.
58. When the State deprives a person of liberty, it becomes responsible for that
person’s safety. It has the obligation, inter alia, to protect the person from other
persons in custody and to punish the perpetrators of violence, who act with their tacit
or express consent. Failure to comply with this obligation is neglect of the duty of
care.
59. The Subcommittee recommends that the State party take all possible
measures to put an end to ill-treatment and torture of detainees, in particular by
firmly condemning all such acts and establishing a legal framework in
accordance with the State’s international obligations.
60. The Subcommittee recommends that the State party establish a system of
independent examinations in which forensic medical examiners and qualified
psychologists conduct a thorough investigation each time that there is reason to
believe that a detainee has been subjected to torture or ill-treatment. The results
of such examinations should form part of a swift, thorough and independent
investigation carried out into all cases of alleged and supposed torture or illtreatment.
61. The Subcommittee further recommends that the authorities undertake a
fundamental review of the management of prisons to ensure that the prison
administration is in control and is able to ensure the safety of everyone inside the
prison, including their protection from inter-prisoner violence.
62. The Subcommittee also recalls the Code of Conduct for Law Enforcement
Officials, adopted by the United Nations General Assembly in resolution 34/169 of
17 December 1979, and the Guidelines and Measures for the Prohibition and
Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in
Africa (the Robben Island Guidelines), adopted by the African Commission on
Human and Peoples’ Rights in October 2002.
(ii)
Material conditions
63. The Subcommittee visited three prisons, in Libreville, Port-Gentil and
Lambaréné. The Subcommittee is aware that these institutions are only one part of the
nine establishments that exist in the country’s nine provinces. However, they do
constitute a representative sample, both from a structural point of view, since all the
GE. 15-10283
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