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 13/24

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