Situation during the visit (E/CN.4/2000/9/Add.4) Measures adopted in previous years E/CN.4/2002/76/Add.1; A/HRC/4/33/Add.2; A/HRC/7/3/Add.2 Information received during the reporting period a) Ensure that all allegations of torture and similar ill-treatment are promptly, independently and thoroughly investigated by a body capable of prosecuting perpetrators; A major obstacle to the documentation and investigation of torture allegations was the absence of an independent body in charge of investigating alleged cases of torture by law enforcement officials. The mechanisms existing to investigate police abuse operated within the police hierarchy and were carried out by the Criminal Investigation Department (CID) under the responsibility of the officer-in-charge of a police station, who would decide on the continuation of investigations. In 2008, the establishment of a Civilian Police Oversight Body was planned to ensure impartial and independent investigations against the police, including allegations of torture. Non-governmental sources: There are no specialized procedures for lodging torture complaints and no authority conferred with the obligation to promptly and impartially investigate torture allegations. Further, no law providing access to immediate medical examination exists. Torture accusations against police officers are usually investigated by fellow officers. The Kenya National Commission on Human Rights (KNCHR), obliged to carry out investigations, is not considered the competent and impartial authority contemplated by Article 12 CAT. The officer-incharge of a police station was to check the occurrence book and cells register on a daily basis as well as to routinely visit all Inspections of police stations by senior police officers took place at irregular intervals and mainly for administrative reasons. b) The police, at a level at least as senior as Assistant-Commissioner, should systematically make thorough, unannounced visits to Regarding the incidents at the “Nyayo Torture Chambers”, perpetrators of torture are not adequately prosecuted and victims not provided redress. Regarding the military operation against the SLDF in the Mount Elgon District, that reportedly involved torture and illtreatment, the Government has refused to independently investigate the allegations against members of state forces or to task the Attorney General to commence proceedings. So far there was only an internal police investigation that was neither prompt nor impartial. A/HRC/13/39/Add.6 97 Recommendations (E/CN.4/2000/9/Add.4)

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