CAT/C/KEN/CO/1 page 10 to seek closer cooperation with civil society in preventing torture, in particular in the ongoing process of investigating and holding persons accountable for the postelection violence. Death penalty 29. While acknowledging that the death penalty has not been applied in the State party since 1987 as well as taking note of the practice of the President of the Republic to commute death sentences, as well as the existence of a de facto moratorium of the death penalty, the Committee remains concerned, however, about the situation of uncertainty of those who serve on death row, which could amount to ill-treatment. (art. 16) The Committee urges the State party to take the necessary steps to establish an official and publicly known moratorium of the death penalty with a view of eventually abolishing the practice. The State party should take the necessary measures to improve the conditions of detention for persons serving on death row in order to guarantee basic needs and rights. Data collection 30. The Committee regrets the lack of data and statistical information, especially on cases of torture, the type and number of complaints, prosecution and conviction of perpetrators as well as on compensation and rehabilitation of victims. The Committee welcomes the additional information provided by the delegation after the consideration but it nevertheless requests the State party to provide in its next periodic report further information, including disaggregated data on the number of people held in custody, including remandees and prisoners, and length of sentences. The State party should also provide detailed statistical data, disaggregated by crime, ethnicity and gender, on complaints relating to torture and ill-treatment allegedly committed by law enforcement officials, as well as on the related investigations, prosecutions and criminal and disciplinary sanctions. 31. The Committee encourages the State party to consider making the declaration under article 22 of the Convention, thereby recognizing the competence of the Committee to receive and consider individual communications. 32. The Committee encourages the State party to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as soon as possible. 33. The Committee invites the State party to ratify the core United Nations human rights treaties to which it is not yet a party, namely the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the International Convention for the Protection of All Persons from Enforced Disappearance.

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