The Prohibition of Torture and Ill-treatment in the African Human Rights System:
A HANDBOOK FOR VICTIMS AND THEIR ADVOCATES
rationale is that a visit would have very little impact because the authorities are
embarking on their own efforts to address the situation through mechanisms such
as the gacaca system of justice.590
The ability of the Special Rapporteur to fulfil the mandate as set out by the
Commission has been significantly hampered by a lack of funding for carrying
the activities of this role. Indeed, from January 2006 to September 2008, the Special
Rapporteur carried out no visits to African countries for the purpose of monitoring
prisons and places of detention due to lack of funding.591 It should also be noted
that the Special Rapporteur’s office was largely supported in both resources and
funding by external sources, in particular Penal Reform International. However,
this has significantly decreased over time and resulted in the drastic reduction in
visits by the Special Rapporteur. In addition, the lack of willingness of States to
receive visits from this mandate holder has been a major impediment. The most
recently planned visit of the Special Rapporteur to Tunisia in 2010 was cancelled
due to a lack of response from the Tunisian government. Commentators have also
criticised the Special Rapporteur for not playing a more robust and proactive role
in securing authorisations from States.592
The structure of each SRP visit is generally along the following lines:
–
–
–
–
Press conference followed by preliminary interviews with government
officials from ministries dealing with prisons and police detention, and
possibly also with NGOs.
Prisons and places of detention are visited, usually first in the capital and
then in rural areas. The SRP interviews officials in each of these institutions. The SRP may be granted permission to pay unscheduled visits to
places of detention.
NGOs working in relevant fields are interviewed. These interviews may
also occur prior to some or all detention centre visits; additional interviews
are conducted in the capital during which specific issues may then be taken up with government officials.Ideally, the head of State is then met and
briefed on the visit and the SRP’s major findings.
The visit ends with a final press conference.
590 Gacaca courts are Rwandan community courts responsible for trying persons accused of certain
crimes in connection with the 1994 genocide.See Organic Law No. 40/2000 of January 26 2001
(Rwanda), available at: http://jurisafrica.org/docs/statutes/ORGANIC%20LAW%20N0%2040.pdf.
591 ACHPR, 20th Activity Report; 21st Activity Report, EX.CL/322 (X), adopted at the 10th Ordinary
Session of AU Executive Council (25 – 29 June 2006); 22nd Activity Report, EX.CL/364 (XI) adopted
at the 11th Ordinary Session of AU Executive Council (25 – 29 June 2007); 23rd Activity Report,
EX.CL/446 (XIII) (Annex 1), adopted at the 13th Ordinary Session of AU Executive Council (24 – 28
June 2008); 24th Activity Report, EX.CL/446 (XIII) (Annex 2), adopted at the 13th Ordinary Session
of AU Executive Council.
592 F. Viljoen, International Human Rights Law in Africa, Oxford University Press: Oxford (2012), p. 374.
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