A/HRC/4/33/Add.2
Page 65
and without notice, any place of deprivation of liberty, whether officially recognized or
suspected, to publicize its findings regularly and to submit evidence of criminal behaviour
to the relevant prosecutorial body and the administrative superiors of the public authority
whose acts are in question; reputable non-governmental organizations could be associated
with these functions.
313.
According to information received from NGOs and other sources, the Standing
Committee on Human Rights was replaced by the Kenya National Commission on Human
Rights (KNCHR) in 2002. KNCHR was established by statute. It is mandated to, inter alia,
investigate allegations of human rights abuses in places of detention. However, due to limited
resources, it has to refer these cases to the authorities for investigation. Furthermore, KNCHR
has conducted a number of visits to penal institutions and police stations. While it was granted
full access to penal facilities, it was confronted with denial of access to approximately 20 police
stations, which causes a serious obstacle to carrying out its mandate effectively.
314.
Recommendation (d) stated: In line with guidelines 15 and 16 of the United Nations
Guidelines on the Role of Prosecutors, the Attorney-General’s Chambers should pay
particular attention to the diligent prosecution of cases of torture and similar ill-treatment
by law enforcement officials and take appropriate action when they come across
information suggesting that evidence has been obtained by such methods.
315.
According to information received from NGOs and other sources, the Attorney
General’s Office remains severely under-funded and understaffed. A major part of the
prosecution is conducted with the assistance of insufficiently qualified police prosecutors, who
are deemed to be controlled by their police superiors. Hence, an improvement of the
performance of the prosecution could not be witnessed. The Government is currently formulating
a National Prosecutions Policy aiming at disengagement of the police from prosecution
functions.
316.
Recommendation (e) stated: Where there is credible evidence that a person has
been subjected to torture or similar ill-treatment, adequate compensation should be paid
promptly; a system should be put in place to this end.
317.
According to information received from NGOs and other sources, no policy or system
ensuring adequate and prompt compensation for victims of torture exists. Persons claiming
compensation have to go through lengthy and expensive court proceedings. Even in the few
cases where victims have been awarded compensation by the courts, only a fraction has actually
received the money. KNCHR has authority to order compensation for a violation of human rights
and has done so in one case. However, these orders have to be filed at the High Court for
execution and are subject to appeal, which, in turn, can again lead to long and expensive
proceedings.
318.
Recommendation (f) stated: The period of police detention in capital cases (14 days)
should be brought into line with the normal 24-hour period applicable to persons suspected
of other crimes.
319.
According to information received from NGOs and other sources, there has been no
change in the laws regulating the period of police detention. Allegedly, the police detain suspects
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