A/HRC/13/39/Add.6
98
police stations to verify
the legality of the
detention of all persons
held, as well as their
treatment and conditions
of detention. Disciplinary
and criminal charges
should be preferred in
respect of any abuses;
cells to see the detainees’
state of health, however, in
practice, senior police
officers did not fulfil their
supervisory duties and
rarely took disciplinary
action;
Despite
constitutional provisions,
individuals were frequently
detained for extended
periods without being
brought before a
magistrate;
Mass arrests often
took place at the end of the
month when people had
received their salary,
allegedly to extract bribes;
c) A body such as the
Standing Committee on
Human Rights should be
endowed with the
authority and resources
to inspect at will, as
necessary 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
The Standing Committee of
Human Rights, established
in May 1996 under
executive authority, was
mandated inter alia to
investigate alleged human
rights violations, to visit
any place of detention
under the authority of the
Government and make
recommendations to
improve the conditions of
detention, and to receive
complaints. The Committee
was also provided with the
power to prosecute the
person suspected of having
committed a human rights
violation, suggest other
The High Court upheld the power of the
KNCHR, established in 2002 to replace the
former Standing Committee on Human Rights, to
visit detention facilities and the Government had
issued strict instructions to prison officers to
grant such requests. The KNCHR, carried out
several visits to penal institutions, but was denied
access to police stations. While it was mandated
to carry out investigations into human rights
violations, the KNCHR had to refer cases to the
authorities for investigation due to lack of
resources.
Non-governmental sources: On numerous
occasions the KNCHR has been publicly
denied access to places of detention.
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