A/HRC/13/39/Add.6 Kenya Follow-up of the recommendations of the Special Rapporteur on Torture (Nigel Rodley) pursuant his visit to Kenya from 20 to 29 September 1999 (E/CN.4/2000/9/Add.4, para. 92) 44. On 23 October 2009, the Special Rapporteur sent the table below to the Government of Kenya requesting information and comments on the follow-up measures taken with regard to the implementation of the recommendations of his predecessor’s visit in 1999. The Special Rapporteur regrets that the Government has not provided any input. He looks forward to receiving information on Kenya’s efforts to follow-up to his recommendations and he reaffirms that he stands ready to assist in efforts to prevent and combat torture and ill-treatment. 45. The Special Rapporteur is seriously concerned about the lack of accountability in the criminal justice sector. While welcoming Kenya’s plans to establish a Civilian Police Oversight Body in 2008, the Special Rapporteur regrets that no concrete steps have been taken. He notes with concern the lack of prompt and independent investigations against the perpetrators of torture and specialized procedures to lodge torture complaints. He further regrets that judges and magistrates continue to ignore torture complaints by defendants and the victims’ limited access to medical examinations to document torture. Recognizing the important role of the Kenya National Commission on Human Rights in undertaking visits to places of detention, the Special Rapporteur is concerned that it lacks the necessary resources to fulfil its functions and regrets that it has been denied access to detention facilities in some cases. Equally, the judiciary falls short of visiting and inspecting prisons due to a lack of capacity or will. The Special Rapporteur strongly encourages the Government to ratify and implement the Optional Protocol to the Convention against Torture (OPCAT) and accept the individual complaints mechanism, in accordance with article 22 CAT. 46. The Special Rapporteur is further worried about the unavailability of legal aid to the majority of persons in detention and urges the Government to proceed with the adoption of a legal aid scheme. He moreover regrets the lack of an enforceable right to adequate compensation for torture victims and the difficulties in obtaining it through civil litigation. 96