CAT/C/KEN/CO/2
Mental health institutions
31.
The Committee is concerned by reports of deplorable conditions in psychiatric
institutions and other places of deprivation of liberty and regrets the lack of information by
the State party on the conditions in such institutions (arts. 16).
The State party should ensure that all places of deprivation of liberty, including
psychiatric hospitals, are adequately monitored and that effective safeguards are in
place to prevent any ill-treatment of persons in such facilities. The State party is urged
to provide detailed information on the place, time and periodicity of visits, including
unannounced visits, to psychiatric institutions and other places of deprivation of
liberty, and on the findings and follow-up on the outcome of such visits.
Human rights defenders
32.
The Committee is concerned that human rights defenders continue to report
intimidation, harassment and ill-treatment by the police. The Committee is concerned by
the State party’s inability to provide effective support to human rights defenders and to
promptly, effectively and impartially investigate, prosecute and punish acts of violence and
intimidation against human rights defenders. The Committee regrets the lack of information
on the investigation of the reported attack on 9 November 2012 on the executive director of
the NGO Kenyans for Justice and Development (arts. 2, 12, 13 and 16).
Bearing in mind the Committee’s previous recommendation (CAT/C/KEN/CO/1,
para. 28), the State party should take effective steps to ensure that all persons
reporting acts of torture and ill-treatment are protected from intimidation and
reprisals in any form. The State party should ensure prompt, effective and impartial
investigations of any allegations of abuse or intimidations against human rights
defenders, including the attack of 9 November 2012. The Committee encourages the
State party to seek closer cooperation with civil society in upholding human rights,
including the prevention of intimidation, reprisals and ill-treatment of human rights
defenders.
Death penalty
33.
While acknowledging that the death penalty has not been applied in the State party
since 1987, the de facto moratorium on the death penalty and the President’s initiative to
commute 4,000 death sentences in 2009, the Committee remains concerned by the legal
uncertainty following the High Court’s judgements, the high number of death sentences
passed, including for minor offences, and the conditions of the 1,600 persons still on death
row (arts. 2 and 16).
The Committee recommends that the State party reconsider the possibility of
reviewing its policy with a view to abolishing the death penalty. The State party
should ensure that all persons on death row are afforded the protection provided for
under the Convention and are treated humanely. The State party should support the
efforts of the Kenya National Commission on Human Rights to conduct a survey and
awareness-raising measures regarding public opinion on the death penalty.
Deaths of police officers
34.
The Committee is concerned by reports of a high number of deaths of police officers
while on duty, including in the context of “special operations” in Mandera District and
Tana River District (arts. 2, 10 and 16).
The State party should ensure that police officers are trained and equipped
appropriately so as to ensure sufficient preparation for the tasks at hand. The State
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