Committee for the Prevention of Torture in Africa

Lawrence Murugu Mute

Commissioner


    INTER-SESSION ACTIVITY REPORT (NOVEMBER 2013 To APRIL 2014)

    AND

    ANNUAL SITUATION OF TORTURE AND ILL-TREATMENT IN AFRICA REPORT

     

    Presented to the 55th Ordinary Session of the African Commission on Human and Peoples’ Rights

     

    Luanda, Angola, 28 April to 12 May 2014

     

    Commissioner Lawrence M. Mute

    Chairperson, Committee for the Prevention of Torture in Africa

    Member, Working Group on Older Persons and Persons with Disabilities

    Member, Working Group on Extractive Industries, the Environment and Human Rights Violations in Africa

     

    Email: lamumu07@gmail.com


     



    Contents

    I: Introduction.. 1

    II: Inter-sessional Activities. 1

    A: Activities as Chairperson of the CPTA.. 1

    B: Activities as Member of the Working Group on Older Persons and Persons with Disabilities 3

    C: Activities as Member of the Working Group on Extractive Industries, the Environment and Human Rights Violations in Africa. 5

    D: Other activities as Member of the African Commission.. 5

    III: Situation of Torture and Ill-Treatment in Africa. 6

    A: Normative context 6

    B: Extent, types and instances of torture and ill-treatment in Africa. 7

    C: Positive developments in prohibition of and protection against torture and ill-treatment in Africa 11

    IV: Recommendations. 15

     

    1.                   


    I: Introduction

    2.                  This Report is prepared pursuant to Rule 23 (3) and 72 of the Rules of Procedure of the African Commission on Human and Peoples’ Rights which requires each Subsidiary Mechanism of the African Commission on Human and Peoples’ Rights (the African Commission) to present a report on its work at each Ordinary Session of the African Commission and each Commissioner to submit a report similarly on promotion activities undertaken during the inter-session. I submit this Report in my capacity as a Member of the African Commission, the Chairperson of the Committee for the Prevention of Torture in Africa (‘CPTA’ or ‘Committee’), Member of the Working Group on Older Persons and Persons with Disabilities, and Member of the Working Group on Extractive Industries, the Environment and Human Rights Violations in Africa.

    3.                  This Report covers the inter-session between the 54th and the 55th Ordinary Sessions of the African Commission. It also provides an assessment of the situation of torture in Africa in  the period 2013 to date.

    4.                  The Report is divided into this introduction; my inter-sessional activities; a situation analysis of the situation of torture in Africa; and recommendations.

    II: Inter-sessional Activities

    A: Activities as Chairperson of the CPTA

    5.                  I was appointed Chairperson of the CPTA during the 54th Ordinary Session of the African Commission held between 22 October to 5 November 2013 vide Resolution 253/54/2013.[1] Other members of the Committee are the Committee’s Vice Chairperson Mr Jean-Baptiste Niyuzurugero, Commissioner Med S. K. Kaggwa, Commissioner Lucy Asuagbor, Ms Hannah Forster and Mr Malick Sow.

    6.                  On 2 December 2013, I spoke at a planning Meeting on implementation of concluding observations made to the Republic of Kenya by the Committee Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. The Meeting, which was convened in Nairobi, Kenya, and involved State and non-State actors, reviewed a draft of the Prevention of Torture Bill, 2010, and exhorted the Government of Kenya to table the Bill for debate by Parliament.

    7.                  I convened and chaired a Meeting of the CPTA in Banjul, The Gambia, on 5 March, 2014. The business of the Committee, which was convening for the first time since 25 August 2012, included reviewing the CPTA Strategic Plan (2012-2014) and the Johannesburg Declaration; exploring the possibility of preparing an Article 5 General Comment; and strategising on resource mobilisation for the Committee.

    8.                  The Committee took note of and determined, among others, that:

    a.       A two-year operational work plan (2014-2015) would be developed in terms of the Committee’s mandate of using the Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (the Robben Island Guidelines) to seek prohibition and protection against torture and ill-treatment.

    b.      The CPTA newsletter was an essential tool for disseminating anti-torture issues in Africa, and its publication would be revived and prioritised. One edition would be published each year.

    c.       The Committee would continue to use opportunities such as the NGO Forum to discuss and clarify conceptual and other topical issues around torture.

    d.      The Committee would continue undertaking promotion missions and States that require specific rather than generic technical support would be identified for this purpose.

    e.       Wherever logistically feasible, the CPTA would undertake promotion missions in concert with promotion missions of other Special Mechanisms of the African Commission to take account of comparative advantages in view of limited resources.

    f.        The Committee would prepare a General Comment on Article 5 of the African Charter on Human and Peoples’ Rights (the African Charter), having cognisance of the Robben Island Guidelines in order to avoid repetition or misstatement of standards. A scoping exercise would be undertaken to enable the Committee to determine whether the General Comment should focus on the whole of Article 5 or only on certain aspects of Article 5, such as the question of reparations.

    g.       Implementation of the Committee’s mandate had been impeded greatly by resource-limitations, and the Committee would seek and appeal for more diverse partnerships in both technical and other resource support. The Committee would negotiate to have a full-time focal person at the Secretariat of the African Commission.

    9.                  On 6 March 2014, I held further bilateral discussions in Banjul, The Gambia, with representatives of Redress International and the Centre for the Study of Violence and Reconciliation to consult more on the Article 5 scoping exercise.

    B: Activities as Member of the Working Group on Older Persons and Persons with Disabilities

    10.             My membership in the Working Group on Older Persons and Persons with Disabilities was renewed at the 54th Ordinary Session of the African Commission held from 22 October to 5 November 2013 vide Resolution 250/54/2013.[2] During the inter-session I undertook a number of activities as a Member of the Working Group.

    11.             I initiated and participated in preparing the statement issued by the African Commission on 2 December 2013 on the occasion of the International Day for Persons with Disabilities which is celebrated on 3 December. The statement urged African States to create inclusive societies and take appropriate policy, legislative and administrative measures in accordance with the African Charter and the Convention on the Rights of Persons with Disabilities (CRPD) for the full realisation of the rights of persons with disabilities in Africa.[3]

    12.             On 7 December 2013, I presented the Zero Draft of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa (the Disability Protocol), which I had prepared, at a Meeting of organisations of and for persons with disabilities convened by the Ecumenical Disability Advocates Network in Kigali, Rwanda. The Meeting involved participants from Rwanda, Burundi, South Sudan, Uganda, Tanzania and Kenya. Some of the proposals made by the Meeting were incorporated into Draft I of the Disability Protocol.

    13.             From 9 to 11 December 2013, I co-chaired a joint Meeting involving the Social Affairs Department of the African Union Commission and the Working Group on Older Persons and Persons with Disabilities held in Addis Ababa, Ethiopia. I presented the Zero Draft of the Disability Protocol which the Working Group subsequently adopted as the basis for its future engagements. The Meeting also reviewed the Draft Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa which the Social Affairs Department was validating prior to further transmittal to States for their consideration.

    14.             From 16 to 17 December 2013, I participated in and made a presentation of the Zero Draft Disability Protocol at a Meeting convened by Open Society for Eastern Africa involving participants drawn from the Eastern Africa sub-region. Participants included representatives from organisations of and for persons with disabilities, legislators, experts and a member of the Committee on the Rights of Persons with Disabilities. Recommendations made at the workshop were used in preparing Draft I of the Disability Protocol.

    15.             From 1 to 2 March 2014, I participated in a Meeting of the Working Group convened in Banjul, The Gambia, at which I presented Draft I of the Disability Protocol which I had prepared on the basis of feedback from the Addis Ababa Meeting and other representations. That Meeting reaffirmed that the Disability Protocol would establish the rights of persons with disabilities while not undermining the letter and spirit of the CRPD.[4] The Working Group presently is soliciting for feedback on Draft II of the Protocol which is on the website of the African Commission.[5]

    C: Activities as Member of the Working Group on Extractive Industries, the Environment and Human Rights Violations in Africa

    16.             I was appointed Member of the Working Group on Extractive Industries, the Environment and Human Rights Violations in Africa at the 54th Ordinary Session of the African Commission held from 22 October to 5 November 2013 in Banjul, The Gambia, vide Resolution 252/54/2013.[6]

    17.             From 12 to 18 January 2014, I participated in a research and information Mission undertaken by the Working Group to the Republic of Zambia. The aims of the Mission were to examine the impact of extractive industries in Zambia from a human rights perspective with the eventual goal of proposing good practices for ensuring respect of human rights within the extractive industries sector in Africa. As part of the Mission, I visited the Copper Belt, the North-West and Lusaka, and participated in engagements with State officials, leaders and members of the community, actors from the mining sector, Zambia’s National Human Rights Institution and civil society and religious actors. The report of the Mission is under preparation.

    D: Other activities as Member of the African Commission

    18.             On 22 November 2013, I made the keynote address on the occasion of the International Day Against Impunity, at a Meeting organised in Nairobi, Kenya, by Article 19 Eastern Africa involving participants from Somalia, Ethiopia, Eritrea, Uganda, Tanzania and Kenya. In the address, I focused on the war against impunity as a just cause.

    19.             On 27 November 2013, I made a presentation to Judges of Appeal and Judges of the High Court of Kenya at the Judicial Training Institute in Nairobi, Kenya. My presentation was on: the death penalty, the Constitution of Kenya and international human Rights law.

    20.             On 3 March 2014, in my capacity as Commissioner responsible for promotion activities in The Gambia, I paid a courtesy call to the Solicitor-General of the Republic of The Gambia at which initial explorations on undertaking a mission to the Republic were had.

    21.             During the inter-session, I also continued exploring the possibilities of undertaking a promotion mission to the Republic of The Sudan for which I am the responsible Commissioner. I also met with various civil society organisations including on 12 February 2014 when I met with representatives of the International Federation for Human Rights (FIDH).

    22.             On 26 March 2014, I met with representatives of Citizens for Peace and Justice, a civil society network seeking to coordinate responses to the outbreak of violence in South Sudan. The Meeting, among other things, discussed options for facilitating the Government of South Sudan to ratify the African Charter.

    23.             During the inter-session, I also contributed an article entitled: ‘Prioritising Police and Human Rights in the Commission’s Mandate’, in Newsletter No. 004, Police and Human Rights in Africa.

    24.             On 24 April 2014, on behalf of the Chairperson of the African Commission, I addressed the opening session of the Forum of NGOs held in Luanda, Angola.

    25.             On 25 April 2014, I spoke at a side event organised by Kenya Human Rights Commission on the theme: ‘advancing the African Human Rights normative framework in constitutional review processes in Africa’.

    III: Situation of Torture and Ill-Treatment in Africa

    A: Normative context

    26.             This section of the Report is prepared pursuant to one of the CPTA’s terms of reference which requires the Committee to report to each Ordinary Session of the African Commission on the status of implementation of the Robben Island Guidelines).[7]

    27.             The Robben Island Guidelines provide concrete directions to African State and non-state actors on how to implement the provisions in Article 5 of the African Charter which provides that: ‘Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man, particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.’[8]

    28.             The Robben Island Guidelines provide direction on prohibition of torture, promotion of cooperation with international mechanisms, criminalisation of torture, non-refoulement, combatting impunity, complaints and investigation procedures, safeguards for those deprived of their liberty, conditions of detention, oversight mechanisms, training and empowerment, civil society education and empowerment, and responding to the needs of victims.[9]

    B: Extent, types and instances of torture and ill-treatment in Africa

    29.             During 2013, the use of torture by law-enforcement and security forces and, sometimes by armed militia groups or private actors, remained widespread in Africa, with cases reported in many African countries. Acts of torture were committed on members of opposition political parties or movements, human rights activists, and prisoners.[10]

    30.             Categories of persons who were at greatest risk of torture included political opponents and indeed peaceful protestors, as demonstrated by responses to some of the civilian demonstrations in countries[11] such as Egypt. Another key target for torture were persons suspected of ‘terrorism’.[12]

    31.             Many credible reports and allegations that may amount to torture or ill-treatment during the reporting period came to the CPTA's note in its bid to seek implementation of the Robben Island Guidelines:

    a.       In Angola, reports of alleged torture and ill-treatment included beatings and other abuses during interrogations by security forces.[13] For example, a youth had his fingernails ripped from his hand and also severely beaten after participating in anti-government protests.[14] Irregular immigrants from West Africa and certain Asian countries were reportedly subjected to violence and degrading treatment.[15] Firms providing security services to private diamond companies also committed acts that may amount to torture on miners.[16]

    b.      In the Central African Republic, the Seleka rebels and the Anti-Balaka vigilante group were accused of torturing, killing and raping Christians and Muslims respectively.[17]

    c.       In Eritrea, the United Nations Special Rapporteur on the Situation of Human Rights in Eritrea reported regarding severe punishment for family members of people who fled Eritrea, often taking the form of arrest and detention, sometimes for prolonged periods in inhumane conditions and systematic ill-treatment.[18]

    d.      In Ethiopia, the police and security forces remained unaccountable for acts of torture and ill-treatment committed on detainees, journalists and opposition party members. Types of torture inflicted on victims included: ‘being held in painful stress positions for hours upon end, (and) hung from the wall by their wrists, often while being beaten.’[19]  

    e.       In Ghana, many persons with mental disabilities continued to live in psychiatric hospitals and prayer camps, often against their will and with little possibility of challenging their confinement.[20] They faced overcrowding and unsanitary conditions in these hospitals while those in prayer camps did not receive adequate medical treatment, were often forced to take herbal concoctions against their will and were deprived of food and water for days on end.[21]

    f.        In Kenya, security forces were accused of undertaking extrajudicial killings of persons suspected of being terrorists. In 2012, 2013 and 2014, at least three (3) Muslim Imams - Sheikh Aboud Rogo, Sheikh Ibrahim Omar and Sheikh Abubakar Shariff alias Makaburi – respectively were gunned down and killed in the streets of Mombasa by assailants who to date have not been arrested.[22] Refugees and asylum-seekers particularly of Somali ethnicity or from Somalia and Ethiopia, including at least 1,000 individuals between mid-November 2012 and late January 2013,[23] also suffered arbitrary arrests, torture and ill-treatment on the basis they were suspected to have perpetrated grenade and bomb attacks on Kenyan civilian targets.

    g.       In Libya, torture and ill-treatment remained an ongoing and widespread concern in many detention centres.[24] Torture was allegedly used to extract confessions from prisoners.[25] Various militia groups in the country were also allegedly responsible for committing acts of torture, other abuses and killings.[26]  

    h.      In March 2013, Malian soldiers reportedly committed torture on Tuareg armed groups near Timbuktu. The torture techniques they employed included: beatings, kicks, burns, injection with a caustic substance, death threats, being hurled to the ground while bound, drowning akin to ‘waterboarding’, and binding detainees and placing burning papers on their backs.[27] Two ethnic Tuareg men arrested on 15 February 2013 and tortured by Malian soldiers in the Timbuktu region died in detention at the Central Prison in Bamako.[28]

    i.         In Mauritania, while slavery was criminalised in 2007, effective social, educational and prosecution measures had not been taken to stamp out the practice of slavery in the country.[29]

    j.         In Nigeria, the torture, rape, killing, bombing, abduction and other attacks of civilians throughout the country by Boko Haram terrorists continued in 2013, resulting in numerous deaths, injuries and widespread destruction of property. Members of the country’s security forces too reportedly perpetrated torture, extra-judicial killings and other violations, especially committed on detainees.[30]

    k.       In Somalia, serious abuses including killings, executions and punishments amounting to torture occurred, committed by Somali security forces as well as other armed groups such as al-Shabaab. Journalists, clan elders and other officials were killed, and internally displaced persons were abused, beaten, evicted forcibly and severely restricted from accessing food and shelter.[31] Furthermore, the United States of America reportedly continued to use drones to hunt down militia in Somalia. One-hundred and twelve (112) Somali militants were reportedly killed in such raids.[32]

    l.         In The Sudan, its National Security and Intelligence Services continued to exercise extremely wide powers to arrest and detain persons for over four months without judicial review while simultaneously enjoying immunity from civil or criminal proceedings.[33]

    C: Positive developments in prohibition of and protection against torture and ill-treatment in Africa

    32.             The Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT) principally calls for States to criminalise torture. To date, the following forty-four (44) African States have ratified CAT: Algeria, Benin, Botswana, Burkina Faso, Burundi, Cape Verde, Cameroon, Chad, Republic of Congo, Cote d'Ivoire, The Democratic Republic of Congo, Djibouti, Egypt, Equatorial Guinea, Ethiopia, Gabon, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, Swaziland, Togo, Tunisia, Uganda and Zambia.

    33.             Five (5) other countries have signed the Convention: Angola, Comoros, Gambia, Sao Tome and Principe and The Sudan.

    34.             Guinea-Bissau ratified CAT on 24 September 2013, while Angola signed CAT on 24 September 2013.

    35.             The Optional Protocol to CAT (OP-CAT) essentially seeks the establishment of National Preventive Mechanisms (NPMs). Thirteen (13) African States have ratified OP-CAT: Benin, Burkina Faso, Burundi, The Democratic Republic of Congo, Gabon, Liberia, Mali, Mauritania, Mauritius, Nigeria, Senegal, Togo and Tunisia.

    36.             Twelve (12) other States have signed it: Angola, Cameroon, Cape Verde, The Republic of Congo, Ghana, Guinea, Guinea-Bissau, Madagascar, Sierra Leone, South Africa and Zambia.

    37.             Guinea-Bissau ratified the OP-CAT on 24 September 2013 while Angola signed OP-CAT on 24 September 2013.

    38.             In line with the provisions of OP-CAT, six (6) African states – Mali, Mauritius, Nigeria, Senegal, Togo and Tunisia - have designated their NPMs.[34] Mali and Mauritius mandated their National Human Rights Institutions to act as NPMs, while the others established new institutions.[35]

    39.             The Constitutions or criminal statutes of the following forty-six (46) African States include provisions prohibiting torture and ill-treatment: Algeria, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, The Central African Republic, Chad, Congo, Cote d’Ivoire, The Democratic Republic of Congo, Djibouti, Egypt, Equatorial Guinea, Ethiopia, The Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mozambique, Morocco, Namibia, Niger, Nigeria, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, South Africa, Swaziland, Tanzania, Togo, Tunisia, Uganda and Zambia.[36]

    40.             Domestication of CAT and OP-CAT proceeded apace in 2013. Libya and South Africa enacted legislation which criminalised torture in April and July 2013 respectively, while Tunisia adopted a law that created an NPM in October 2013.

    41.             Illustrations of progressive anti-torture steps taken by African States in 2013 include the following:

    a.       On 25 July 2013, South Africa enacted the Prevention and Combating of Torture of Persons Act which criminalised torture and related offences and provided for the prosecution of perpetrators.[37] Further, in a landmark ruling, the South African Supreme Court of Appeal ordered the South African Police Service to investigate crimes against humanity including the torturing of opposition members in Zimbabwe in 2007. The Court ruled that under international law, South Africa had a duty to investigate crimes against humanity in Zimbabwe once the perpetrators set foot in South Africa.[38]

    b.      On 9 October 2013, the Tunisian National Constituent Assembly adopted a law to create a National Authority for the Prevention of Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. The Authority is empowered to visit any site where people are deprived of their liberty, to document torture and ill-treatment, to request criminal and administrative investigations, and to issue recommendations for measures to eradicate torture and ill-treatment.[39]

    c.       In Uganda, following the Anti-torture Law enacted in July 2012, the Ugandan Human Rights Commission launched a study detailing possible compensation for survivors seeking justice and rehabilitation.[40]

    d.      Kenya’s Judiciary established sterling precedents for the compensation of victims of torture. During 2013, Kenyan courts continued to hand down judgements involving significant monetary compensation for victims of State-sanctioned torture.

    e.       In Ghana, the Mental Health Authority was inaugurated in November 2013 to monitor mental health facilities in the country.

    42.             Some of the Continent’s sub-regional institutions also took positive steps in 2013 to ensure protection against torture and ill-treatment. The Court of Justice of the Economic Community of West African States (ECOWAS), in its decision of 5 November 2013, rebuffed former President Hissen Habre’s attempts to suspend proceedings against him by the Extraordinary African Chambers, the ad hoc court before which he is being tried for crimes of torture, crimes against humanity and war crimes.[41]

    43.             Finally, the African Commission undertook a number of interventions in 2013 geared towards protection against torture and ill-treatment:

    a.       In its decision in Communication 368/09 - Abdelhadi Ali Radi and Others v The Republic of The Sudan, that State was found in violation of some provisions in the African Charter, including Article 5 on the prohibition of torture and ill-treatment. The African Commission requested the Government, among other things, to pay adequate compensation to the victims; to initiate effective and impartial investigations into the circumstances of the arrest and detention and the subsequent treatment of the Complainants; to amend the legislation incompatible with the Charter; and to train security officers on relevant standards concerning adherence to custodial safeguards and the prohibition of torture.

    b.      In its decision in Communication 288/04 – Gabriel Shumba v the Republic of Zimbabwe, the Commission found the Zimbabwean Government in violation of Article 5 of the African Charter on the prohibition of torture. The Commission requested Zimbabwe to, among other things, pay adequate compensation to the victim for the torture and trauma caused; and to carry out an inquiry and investigation in order to bring those who perpetrated the violations to justice.

    c.       Mr Jean-Baptiste Niyizurugero, Vice-President of the CPTA, made a statement on facilitating justice and redress for victims of torture on 26 June 2013, on the occasion of the International Day in Support of Victims of Torture.[42]

    d.      The African Commission, during its 15th Extra-Ordinary Session, held in Banjul, The Gambia, from 7 to 14 March 2014, adopted resolutions: on the Central African Republic condemning attacks by both the anti-Balaka and ex-Seleka groups and calling on the Transitional Government to take necessary measures to end acts of violence against civilians; on Nigeria condemning the violence on members of the civilian population and calling on the Government to hold perpetrators accountable; on Somalia calling for the cessation of harassment and intimidation of media practitioners; and on South Sudan calling for the cessation of attacks on civilians and to hold perpetrators accountable.

    IV: Recommendations

    44.             I do wish to take this opportunity to remind all States Parties to the African Charter that they have an enduring solemn duty and responsibility to respect fundamental human rights and to abide by the letter and spirit of the rule of law. Far too often, States have been inclined to cut corners for example by torturing suspects in attempts to draw out the information ostensibly required to respond to scourges like terrorism. Credible instances are on record where security forces have opted to kill suspects without judicial recourse on the basis that judicially-sanctioned proceedings are complex and may lead to acquittals. The African Commission must keep restating the view that torture and ill-treatment, extra-judicial killings and all other acts of State-sanctioned violations of the law are unacceptable and amount to egregious human rights violations.

    45.             I do endorse the view, expressed by the United Nations Special Rapporteur on Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment,[43] that certain abusive practices within health settings may meet the definition of torture or ill-treatment. I urge States Parties to ensure that compulsory treatment in mental health settings, coerced sterilisations, forced abortions and forced sterilisations, female genital mutilation, forced psychiatric treatment, and non-consensual medical treatments of an intrusive and irreversible nature without therapeutic purpose or to correct or alleviate disability, are not undertaken in a manner that may amount to torture or ill-treatment.

    46.             I urge States to recognise that persons with intellectual and psychosocial disabilities within their jurisdictions may be living in conditions within such States’ mental institutions which may amount to torture or ill-treatment. States should take positive steps to ensure that mental health institutions do not remain hotbeds for the perpetration of torture and ill-treatment on persons with intellectual and psychosocial disabilities.

    47.             I also urge States Parties to ensure that torture or ill-treatment is not perpetrated on individuals on account of sexual orientation or gender identity. In particular, States should forbear from adopting policies or legislation whose effect may be to encourage perpetration of torture or ill-treatment on the basis of such characterisation by State agencies or private individuals or other entities. States should take legislative and administrative measures prohibiting and punishing all forms of violence, including violence targeting persons on the basis of their imputed or actual sexual orientation or gender identity.

    48.             Finally, my predecessor as Chairperson of CPTA has in the past and again I hereby urge States that are not parties to CAT and OP-CAT, and States that have not domesticated these human rights instruments, to consider doing so with expedition. I urge States to invite the Committee to undertake visits to their countries during which the Committee may provide them with political and technical support to ensure prohibition and protection against torture and ill-treatment.



    [1] http://www.achpr.org/sessions/54th/resolutions/254/ (accessed on 17 April 2014).

    [2] http://www.achpr.org/sessions/54th/resolutions/250/ (accessed on 17 April 2014).

    [3] http://www.achpr.org/press/2013/12/d182/ (accessed on 17 April 2014).

    [4] http://www.achpr.org/press/2014/03/d193/ (accessed on 7 April 2014).

    [5] ‘Comments invited on Draft Protocol on the Rights of Persons with Disabilities in Africa’ Draft II, 14 March 2014 http://www.achpr.org/news/2014/04/d121.

    [6] http://www.achpr.org/sessions/54th/resolutions/253/ (accessed on 18 April 2014)

    [7] http://www.achpr.org/mechanisms/cpta/ (accessed on 18 April 2014).

    [8] African Commission website http://www.achpr.org/instruments/achpr/.

    [9] www.achpr.org/files/special-mechanisms/.../rig_practical_use_book.pdf

    [10] Amnesty International ‘The State of the World's Human Rights Report’ 2013, available at: http://files.amnesty.org/air13/AmnestyInternational_AnnualReport2013_complete_en.pdf (accessed on 28 March 2014; and the United States Department of State ‘Country Reports on Human Rights Practices for 2013’ 2013, available at: http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/#wrapper (accessed 28 March 2014)

    [11] REDRESS, ‘Law and Practice on Torture From a Cross-regional Perspective’, October 2013, pp 5 – 6, available at: http://www.redress.org/downloads/publications/Global%20Report.pdf (accessed on 31 March 2014)

    [12] As above, p. 6.

    [13] See, Amnesty International Press Release ‘Angola: ‘Shocking’ footage appears to show appalling abuse of prisoners’ 28 August 2013, available at http://www.amnesty.org/en/for-media/press-releases/angola-shocking-footage-appears-show-appalling-abuse-prisoners-2013-08-28 (accessed on 29 April 2014). See also, Human Rights Watch ‘Angola: Officials implicated in killing protest organisers’ 22 November 2013 http://www.hrw.org/news/2013/11/22/angola-officials-implicated-killing-protest-organizers (accessed 29 April 2014).  

    [14]  2013 United States Department of State Report, n 10 above.

    [15] As above.

    [16] As above..

    [17]Amnesty International News “Central African Republic: Ethnic Cleansing and Sectarian Killings” 12 February 2014, available at: http://www.amnesty.org/en/news/central-african-republic-ethnic-cleansing-sectarian-violence-2014-02-12 (accessed on 12 February 2014).

    [18] United Nations Office of the High Commissioner for Human Rights ‘Eritrea: UN Expert Warns About Persisting Human Rights Violations Linked to the National Service’ 31 March 2014, available at: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14465&LangID=E (accessed on 2 April 2014).

    [19] Human Rights Watch ‘Ethiopia Police ‘Torture and Abuse’ Political Prisoners’ 18 October 2013, available at: http://www.hrw.org/news/2013/10/18/ethiopia-political-detainees-tortured (accessed on 31 March 2014).

    [20] Human Rights Watch http://www.hrw.org/news/2014/03/10/ghana-monitor-mental-health-facilities (accessed on 10 April 2014).

    [21] Human Rights Watch Report: “Like a Death Sentence: Abuses against Persons with Mental Disabilities in Ghana” available at: http://www.hrw.org/reports/2012/10/02/death-sentence-0 (accessed on 10 April 2014).

    [22] Human Rights Watch http://www.hrw.org/news/2014/04/04/kenya-third-imam-killed-2-years (accessed on 8 April 2014); http://www.achpr.org/press/2014/04/d201/ (accessed on 22 April 2014).

    [23] Human Rights Watch http://www.hrw.org/news/2013/05/29/kenya-police-abuse-nairobi-s-refugees (accessed on 10 April 2014).

    [24] United Nations Support Mission in Libya (UNSML), United Nations Office of the High Commissioner for Human Rights (UN OHCHR) ‘Torture and Deaths in Detention in Libya’ October 2013, p. 2, available at: http://www.ohchr.org/Documents/Countries/LY/TortureDeathsDetentionLibya.pdf (accessed on 2 April 2014). 

    [25] Al Jazeera ‘Britain’s MI6 Linked to Libya Torture Scandal’ 18 December 2013, available at: http://www.aljazeera.com/news/africa/2013/12/britain-mi6-linked-libya-torture-scandal-20131217183914316294.html (accessed on 1 April 2014).

    [26] Human Rights Watch ‘Libya: No Impunity for ‘Black Saturday’ Benghazi deaths’ 14 June 2013, available at: http://www.hrw.org/news/2013/06/13/libya-no-impunity-black-saturday-benghazi-deaths (accessed on 1 April 2014). 

    [27] Human Rights Watch ‘Mali: Soldiers Torture Detainees in Lere’ 26 March 2013, available at: http://www.hrw.org/news/2013/03/26/mali-soldiers-torture-detainees-lere (accessed on 1 April 2014).

    [28] Human Rights Watch ‘Mali: Two Torture Victims Die in Detention’ 11 April 2013, available at: http://www.hrw.org/news/2013/04/11/mali-two-torture-victims-die-detention (accessed on 1 April 2014).

    [29] Human Rights Brief ‘The Continuing Legacy of Slavery in Mauritania’ 17 March 2014, available at http://hrbrief.org/2014/03/the-continuing-legacy-of-slavery-in-mauritania/ accessed 3 April 2014.

    [30] 2013 US Department of State Report, n 10 above.

    [31] Human Rights Watch ‘UN Human Rights Council: High Level Interactive Dialogue on Somalia’ 24 September 2013, available at: http://www.hrw.org/news/2013/09/24/un-human-rights-council-high-level-interactive-dialogue-somalia (accessed on 1 April 2014).

    [32] ‘Hidden History: America’s Secret Drone War in Africa’http://www.wired.com/2012/08/somalia-drones/all/ (accessed on 8 April 2014)

    [33] REDRESS, p. 55, n 11 above.

    [34] APT website http://www.apt.ch/en/

    [35] Open Society Foundations ‘African States Need to Do More to Combat the Use of Torture’ 26 June 2013, available at: http://www.opensocietyfoundations.org/voices/african-states-need-do-more-combat-use-torture (accessed on 2 April 2014).

    [36] See APT website http://www.apt.ch/en/ and 2013 Amnesty International: The State of the World's Human Rights Report, n 10 above.

    [37] Association for the Prevention of Torture (APT) ‘President Zuma Signs Anti-torture Legislation’ 30 July 2013, available at: http://www.apt.ch/en/news_on_prevention/president-zuma-signs-anti-torture-legislation/#.Uz19fqiSyF8 (accessed on 28 March 2014). 

    [38] Zimbabwe Situation ‘South Africa Court Orders Probe into Torture of Zimbabweans’ 27 November 2013, available at: http://www.zimbabwesituation.com/news/zimsit_south-africa-court-orders-probe-into-torture-of-zimbabweans/ (accessed on 31 March 2014); See also, UK Human Rights Blog ‘South African Supreme Court Orders Police to Investigate Zimbabwe Torture Allegations’ 28 November 2013, available at: http://ukhumanrightsblog.com/2013/11/28/south-african-supreme-court-orders-police-to-investigate-zimbabwe-torture-allegations/ (accessed on 31 March 2014).

    [39] Human Rights Watch ‘Tunisia: Landmark Opportunity to Combat Torture’ 14 October 2013, available at: http://www.hrw.org/news/2013/10/14/tunisia-landmark-opportunity-combat-torture (accessed on 31 March 2014).  

    [40] African Centre for Treatment and Rehabilitation of Torture Victims (ACTV) ‘New Report to Help Determine Compensation Package for Survivors of Torture Unveiled’ 2013, available at: http://www.actvuganda.org/index.php?q=story/new-report-help-determine-compensation-package-survivors-torture-unveiled (accessed on 28 March 2014).

    [41] Human Rights Watch ‘Senegal: Case against Habre set to continue’ 5 November 2013, available at: http://www.hrw.org/news/2013/11/05/senegal-case-against-habre-set-continue-0  (accessed on 2 April 2014).  

    [42] See Pan-African Reparation Perspectives ‘Special Bulletin on Reparation for Victims of Torture in Africa; Issue 1, 26 June 2013, p. 4, available at: http://www.prawa.org/wp-content/uploads/2013/06/Newsletter-Redress-ENGLISH-FINAL.pdf (accessed on 31 March 2014).

    [43] A/HRC/22/53, Report of the Special Rapporteur on Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, Human Rights Council, 22nd Session.

     

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