A/HRC/10/44/Add.1
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(g) The Special Rapporteur notes with particular concern that, in many cases, victims of
torture fall into a vicious circle of re-victimization. Contrary to what is required by international
standards, they experience a total lack of justice, which, combined with the physical and
psychological consequences of ill-treatment and the lack of any rehabilitation or compensation
mechanism, causes ongoing suffering that can amount to inhuman treatment.
V. RECOMMENDATIONS TO THE GOVERNMENT AND
THE INTERNATIONAL COMMUNITY
18. In order for Equatorial Guinea to comply with its obligations under both international
human rights law and its Constitution, it must undertake a comprehensive reform of its
institutions and judicial system, involving the establishment of law enforcement bodies based on
the rule of law, an independent judiciary and effective mechanisms for monitoring and ensuring
transparency.
19. In addition to the foregoing, a number of steps should be taken in the immediate future to
address the most urgent human rights concerns:
(a) Implement the recommendations contained in the report on the 2007 visit of the
Working Group on Arbitrary Detention (WGAD) to Equatorial Guinea (A/HRC/7/4/Add.3,
para. 100), notably that the Government should: put an immediate end to the practice of secret
detentions; revise the national criminal law framework, including with regard to making
guarantees of habeas corpus effective; reform the judiciary with a view to complying with the
international instruments to which Equatorial Guinea is a State party; and allow civil society
organizations to function independently;
(b)
Strictly separate women and minors from adult men in all places of detention;
(c) Introduce proper registers in police detention facilities (to some extent the
gendarmerie registers can serve as an example) and maintain proper registers in prisons; issue a
transparent set of rules allowing for regular family visits in all places of detention; make minimal
use of solitary confinement (see also A/63/175, paras. 77-85 and annex) and refrain from using
leg irons;
(d) Improve conditions in police and gendarmerie detention facilities; in particular by
providing food and drinking water and ensuring that detainees have access to medical care as
well as toilets and sanitary facilities;
(e) With regard to foreigners, the Special Rapporteur underscores the recommendation
of the Working Group on Arbitrary Detention to avoid their detention where possible, and to
guarantee them all the rights recognized to persons deprived of liberty by international
instruments, including the right to communicate with their respective consulates.