A/HRC/7/3/Add.2
page 65
Kenya
Follow-up to the recommendations made by the Special Rapporteur in the report of his
visit to Kenya in September 1999 (E/CN.4/2000/9/Add.4, para. 92)
296.
On 27 March 2007, during the interactive dialogue at the fourth session of the
Human Rights Council, representatives of the Government of Kenya orally informed the
Special Rapporteur of a number of developments in Kenya.
297.
The Special Rapporteur welcomes the information provided by the
Government; the first such occasion that follow-up information has been provided. He
looks forward to continuing this constructive dialogue on the recommendations. The
Special Rapporteur further encourages the Government to ratify the Optional Protocol to
the Convention against Torture.
298.
Recommendation (a) stated: The Government should ensure that all
allegations of torture and similar ill-treatment are promptly, independently and
thoroughly investigated by a body capable of prosecuting perpetrators;
299.
The Government informed that a special targeted programme known as the
Governance, Justice, Law and Order Sector Reform Programme (GJLOS), the Civilian
Police Oversight Body is in the process of being established to ensure impartial and
independent investigations against the police, including any allegations of torture.
300.
Training programmes are being conducted for police and prison officers on the
prevention and prohibition of acts that may constitute torture and to sensitise them on the
need for human treatment of persons in custody. The police and prison departments are
currently undertaking reforms to improve their human rights record.
301.
Recommendation (b) stated: The police, at a level at least as senior as
Assistant-Commissioner, should systematically make thorough, unannounced visits
to police stations to verify the legality of the detention of all persons held, as well as
their treatment and conditions of detention. Disciplinary and, as appropriate,
criminal charges should be preferred in respect of any abuses;
302.
Recommendation (c) stated: A body such as the Standing Committee on
Human Rights should be endowed with the authority and resources to inspect at
will, as necessary and without notice, any place of deprivation of liberty, whether
officially recognized or suspected, to publicize its findings regularly and to submit
evidence of criminal behaviour to the relevant prosecutorial body and the
administrative superiors of the public authority whose acts are in question;
reputable non-governmental organizations could be associated with these functions;
303.
The Government informed that in 2003, the Kenya National Commission on
Human Rights was established by an Act of Parliament, in accordance with the Paris
Principles, with quasi-judicial powers to investigate human rights violations, including
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