A/HRC/13/39/Add.5
parts of the body. I am grateful to the Government of Jordan that my recommendation was
taken up and Al-Jafr was closed in December 2006.
222. In some countries, corporal punishment is explicitly prohibited, such as in Sri Lanka
under the Corporal Punishment Act No. 23 of 2 August 2005. However, in the course of my
visit, I received disturbing complaints of cases of corporal punishment corroborated by
medical evidence. In Bogambara prison in Kandy, I heard of a number of instances of
corporal punishment and was informed of the names of prison guards who regularly beat
prisoners. In the office indicated by the informants, I even found instruments that could
have no use other than beatings, such as plastic tubes bound together in a bundle. I spoke to
a detainee who bore visible marks on his back of recent abuse. The detainee indicated the
following: “Nimal said, ‘You must learn how to speak to officers. We are the bosses and
we can do what we want.’ Other detainees were ordered to hold him down while Nimal was
beating him on the knees with a baton. He then had to stand spread-eagled against the wall
while Nimal was beating him with a thumb-thick knotted electric cable on his back. After
each blow he straightened the cable again. After 10 blows he could not stand the pain
anymore and sat down. He begged him not to beat him anymore but he continued. More
than 100 detainees were watching the scene through the office window. Nimal shouted
dirty words about his mother at him, ordered him to kneel, apologize to the officers, and
demanded that he worship him. When he did as he was ordered Nimal stopped the
beating”.171
223. According to the study on violence against children conducted by Paulo Sérgio
Pinheiro, corporal and other violent punishments are accepted as legal disciplinary
measures for children in penal institutions in at least 77 countries. “Children may be beaten,
painfully restrained, and subjected to humiliating treatment such as being stripped naked
and caned in front of other detainees.”172 I noticed during my missions that children in
detention were much more vulnerable to corporal punishment than adult detainees.
224. Article 376 of the Togolese Child Code provides that: “Corporal punishment and
any other form of violence or ill-treatment are prohibited in schools, vocational training
centres and institutions.” However, at the special juvenile detention centre in Lomé, where
abandoned, trafficked and marginalized children, some younger than ten, were held
together with young adults who had committed crimes, corporal punishment appeared to be
a routine practice. The children reported that they were beaten with a special stick on the
back or on the buttocks while others were watching; they had to crouch in uncomfortable
positions for hours; and they had to hold their hands through the iron bars so they could be
beaten on them. Children were punished for minor mistakes, such as talking in the cells.173
225. Similarly in Indonesia, Moldova and Kazakhstan, I assessed that minors and
children are at high risk of corporal punishment and ill-treatment when they are in
detention. At the juvenile detention centres in Pondok Bambu prison (Jakarta), as well as in
Yogyakarta prison, many of the minors alleged that they had been beaten either by
policemen or by co-detainees during police custody, often with the knowledge of the
officers. At Kutoarjo juvenile prison, detainees consistently reported regular beatings, often
in public, to intimidate the other juveniles. These allegations were openly admitted by the
prison management. With regard to Moldova, I received credible allegations of corporal
punishment and forced labour in the Lipcani educational colony, reportedly to prepare
minors for life in adult prisons. In Kazakhstan, at the Centre for temporary isolation,
adaptation and rehabilitation (CVIARN) Karaganda the register showed that some children
171
172
173
60
A/HRC/7/3/Add.6, Annex para 94.
A/61/299, para. 62.
A/HRC/7/3/Add.5, Annex paras. 27–36.
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