A/HRC/13/39/Add.4 Social Action and the Promotion of Women, a draft law on violence against women is currently pending in the Parliament. IV. A. Conclusions and recommendations Conclusions 67. The Special Rapporteur expresses his gratitude for the invitation extended by the Government, which he interprets as a sign of the Government’s preparedness to subject its places of detention to independent scrutiny by an external, objective expert. He further notes the existence of a comprehensive law prohibiting torture and providing for the prosecution of torturers adopted in 2006 and the improvements in the physical conditions of prisons. 68. On the basis of discussions with public officials, judges, lawyers and representatives of civil society, interviews with victims of violence and with persons deprived of their liberty, most often corroborated by forensic medical evidence, the Special Rapporteur concludes that torture is systematically used by the police, in particular at the Central Police Stations in Bata and Malabo. The types of abuse reported and corroborated by expert medical analysis and evidence found in the respective police stations, includes severe beatings on various parts of the body, electroshocks, various forms of suspension with hands and feet tied together, including the so-called “Ethiopian style” for prolonged periods. Furthermore, the victims were sometimes blindfolded or forced to inhale candle smoke. 69. The Special Rapporteur received consistent allegations that corporal punishment continued to be routinely applied by prison guards in front of other prisoners in Bata and Black Beach prisons. However, he was encouraged to learn that corporal punishment seemed not to have been applied any more for the last several months at Evinayong Prison. 70. Whereas the physical conditions in penitentiary institutions have improved over recent years, the Special Rapporteur observed some overcrowding and heavy restrictions on the detainees (in terms of restraints such as the permanent wearing of leg irons and solitary confinement). Furthermore, the Special Rapporteur is concerned about the severe limitations on contacts with the outside world. 71. With the exception of the newly built Bata Central Police Station, police and gendarmerie holding cells were generally in a dilapidated physical state with food provided only by the detainees’ families or by fellow detainees, access to water for drinking and washing was severely restricted; detainees were usually not allowed to use the toilet, and as a result had to resort to using plastic bottles or plastic bags; they had no possibility to exercise and no access to medical care. Overall the conditions showed complete disregard for the dignity of the detainees and contravened international standards. 72. The Special Rapporteur received credible reports that immigrants run an increased risk of being subjected to discriminatory practices and sometimes even physical abuse by other detainees with the tacit approval of the police. 73. In prisons as well as in police and gendarmerie custody, women and children are not separated from male adults and are therefore extremely vulnerable to sexual violence and other forms of abuse by guards as well as by co-prisoners. Intra-prisoner violence, including sexual harassment and rape may amount to torture/ill-treatment, if the authorities consent or acquiesce. 19

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