A/HRC/13/39/Add.4
25.
Several detainees indicated that violence among prisoners in both Bata and Black
Beach Prisons was common and tacitly tolerated by the prison authorities. The Special
Rapporteur also received reports about discriminatory practices against foreigners and
sometimes against the minority Bubi ethnic group by other detainees and by the prison
staff. In addition, he was informed that sexual violence and harassment of women and
minors was common.
26.
The high-security unit in Black Beach Prison was newly renovated and the physical
conditions were of a high standard (the cells measured about 3,5 x 2,5 meters, contained a
shower, toilet and sink, which were separated by a low wall, a bed, chair and fan, and all
the prisoners were allowed to have some private items). However, some of the persons
suspected or convicted of political crimes had been held in solitary confinement for
prolonged periods of up to four years. As the Special Rapporteur has observed in his last
report to the GA "the use of solitary confinement should be kept to a minimum, used in
very exceptional cases, for as short a time as possible, and only as a last resort."4 Moreover,
with the exception of Simon Mann, who seemed to receive privileged treatment, the highsecurity prisoners were not allowed the one hour of exercise per day required by the
Standard Minimum Rules for the Treatment of Prisoners (paragraph 21) and held in leg
irons practically all the time. In the Special Rapporteur’s assessment, the permanent use of
leg irons amounts to inhuman treatment.
27.
Bata Prison laudably applied a very liberal visiting policy: the Special Rapporteur
received no allegations about any restrictions on visits during visiting hours. On the other
hand, in Black Beach Prison, family visits appeared to be generally forbidden (except for a
limited number of privileged prisoners). Many of the interviewed detainees indicated that
they suffered from the fact that they could never see their families. Another concern was
that no policy seemed to be in place authorizing children, even those of a young age, to see
their detained parents. Several women told the Special Rapporteur that they had not seen
their children for many months, which they found unbearable. Contact with the outside
world is a major component of successful rehabilitation and reintegration of detainees and
is required by article 10 of the International Covenant on Civil and Political Rights.
Paragraph 37 of the Standard Minimum Rules for the Treatment of Prisoners provide that
“Prisoners shall be allowed under necessary supervision to communicate with their family
and reputable friends at regular intervals, both by correspondence and by receiving visits.”
28.
Some overcrowding was reported to the Special Rapporteur: for instance, in the
wing for petty offenders in Black Beach, there were only 24 mattresses for about 40
detainees who were present during the visit of the Special Rapporteur. In Bata prison,
reportedly more than 70 prisoners were at times kept in the cell, so that three persons had to
share one bed. Several small, dirty and humid punishment cells, not suitable for detention,
were located on one side of the large courtyard. On the day of the visit, two persons were
there because they had tried to escape. Iron rings were cemented into the walls at about 25
4
10
See Report of the Special Rapporteur on Torture to the UN General Assembly, 28 July 2008, UN
Doc. A/63/175, paras 82-83, where he also stated: "“The weight of accumulated evidence to date
points to the serious and adverse health effects of the use of solitary confinement: from insomnia and
confusion to hallucinations and mental illness. The key adverse factor of solitary confinement is that
socially and psychologically meaningful contact is reduced to the absolute minimum, to a point that is
insufficient for most detainees to remain mentally well functioning. […] In the opinion of the Special
Rapporteur, the use of solitary confinement should be kept to a minimum, used in very exceptional
cases, for as short a time as possible, and only as a last resort. Regardless of the specific
circumstances of its use, effort is required to raise the level of social contacts for prisoners: prisonerprison staff contact, allowing access to social activities with other prisoners, allowing more visits and
providing access to mental health services.”
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