Committee for the Prevention of Torture in Africa - 85OS

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African Commission on Human and Peoples’ Rights
85th Ordinary Session
Banjul, 7 to 30 October 2025

Intersession Report
Presented by Honourable Commissioner Hatem Essaiem
Chairperson of the Committee for the Prevention of Torture (CPTA)

Banjul, 24 October 2025

Summary
I.    Introduction .............................................................................................................P 3
II.    Activities carried out during the intersessional period...................................P 4
A.    Activities carried out within the framework of Special Mechanisms.................P 4
1.    Chairperson of the Committee for the Prevention of Torture in Africa (CPTA)..............................................................................................................P 4
2.    Chairperson of the Advisory Committee on Budgetary and Staff Matters..............................................................................................................P 4 
B.    Activities carried out as a Member of the Commission.............................P 5
C.    Activities carried out as Country-Rapporteur..........................................P 5
III.    Report on the situation of torture and other ill-treatment in Africa.................................................................................................................P 7
IV.    Recommendations…................................................................................P 22

I.    INTRODUCTION 

1.    The present report is submitted in accordance with Rules 25(3) and 64 of the Rules of Procedure (2020) of the African Commission on Human and Peoples’ Rights (the Commission), which require each subsidiary mechanism and each member of the Commission to submit, at every Ordinary Session, a written report on the activities carried out between two Ordinary Sessions.

2.    This report on the situation of torture and other ill-treatment in Africa is prepared in accordance with the terms of reference of the Committee for the Prevention of Torture in Africa (the Committee or CPTA), which mandate the Committee to ensure the implementation of the Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Punishment or Treatment in Africa (the Robben Island Guidelines). The Robben Island Guidelines provide practical guidance to both state and non-state actors on how to implement Article 5 of the African Charter on Human and Peoples’ Rights (the African Charter), which stipulates 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” .

3.    I hereby submit the present report in my capacity as Chairperson of the Committee, member of the Commission, and Country Rapporteur for the Republic of Benin, the Republic of Djibouti, the Republic of Mauritius, the Republic of Madagascar and the Republic of Sudan.

4.    This report is presented on the occasion of the 85th Ordinary Session of the Commission. It provides a summary of the intersessional activities carried out under the various mandates entrusted to me. The report covers the period between the conclusion of the 83rd Ordinary Session and the 85th Ordinary Session of the Commission, that is, from 23 May 2024 to 21 October 2025. 

5.    During the reporting period, I participated in all activities outlined in the Commission’s Work Plan. 

6.    The detailed account of these activities is contained in this report, which is structured in four parts, namely the present introduction, the activities carried out during the intersessional period, the report on the situation of torture and other ill-treatment in Africa and the recommendations.

II.    ACTIVITIES CARRIED OUT DURING THE INTERSESSIONAL PERIOD  

7.    During the intersessional period, I participated in the following activities in my capacity as Chairperson and/or Member of a Subsidiary Mechanism (A) and as a Member of the Commission (B).

A.    ACTIVITIES CARRIED OUT WITHIN THE FRAMEWORK OF SPECIAL MECHANISMS 

1.    CHAIRPERSON OF THE COMMITTEE FOR THE PREVENTION OF TORTURE IN AFRICA 

•    Commemoration of the international day in support of victims of torture:

8.    As in previous years, and in solidarity with the United Nations and human rights organisations, the Committee for the Prevention of Torture in Africa commemorated the international day in support of victims of torture on 26 June. A public statement was issued on behalf of the Committee.

•    Webinar on artificial intelligence and access to information:

9.    I was invited by the University of Pretoria and the South African National Commission for UNESCO to participate in a hybrid conference on artificial intelligence (AI) and its role in strengthening the resilience of societies against the spread of harmful online content. The discussion, led by high-level experts, highlighted the dangers associated with the misuse of AI and the proliferation of harmful digital content. This growing scourge warrants the attention of our Commission.

2.    CHAIRPERSON OF THE ADVISORY COMMITTEE ON BUDGETARY AND STAFF MATTERS

10.    During the 84th Ordinary Session, I presided over the periodic meeting of the Advisory Committee on Budgetary and Staff Matters. The Committee reviewed the budget execution for the first half of the year and examined the challenges arising from insufficient funding for certain activities, particularly for the sessions. While commending the Secretariat’s efforts in supporting the Members of the Commission, the Committee highlighted the absence of health insurance coverage for Commissioners, who are often required to travel long distances or to areas that are either unsanitary or insecure.

B.    ACTIVITIES CARRIED OUT AS A MEMBER OF THE COMMISSION 

•    84th Ordinary Session:

11.    I, together with my colleagues, participated in the proceedings of the 84th Ordinary Session, which was held virtually from 21 to 31 July 2025. In addition to the communications assigned to me, I had the opportunity of presenting to my peers the report of the Fact-Finding Mission (FFM) on the Republic of Sudan. This collective work, the outcome of several months of dedicated work by a team of commissioners, legal officers, and experts, sparked the interest of my colleagues, who took care to enrich it and make the necessary corrections. The report was unanimously adopted following amendments. 

•    38th Extraordinary Session:

12.    I, together with my colleagues, participated in the 38th Extraordinary Session of the Commission, which was held virtually on 19 September 2025. During this session, we examined several technical and organisational matters, notably the adoption of the terms of reference for the Pre-Session Forum of States Parties and the revision of the document concerning referrals to the African Court. 

13.    The Commission also deliberated on the need to align the session calendar with that of the Pre-Session Forums and emphasised the urgency of publishing the report of the Joint Fact-Finding Mission on the human rights situation in Sudan.

•    Promotion Mission to the Republic of Ghana:

14.    I participated in the promotion mission led by the Vice-Chairperson from 29 September to 2 October 2025. The delegation consisted of five commissioners and two legal experts. The activities and meetings were intensive and productive. They covered nearly all human rights issues and enabled us to identify both the strengths of government measures and the persistence of regressive traditional practices. The dialogue with the authorities was forthright and encouraging. 

C.    ACTIVITIES CARRIED OUT AS COUNTRY RAPPORTEUR

i.    REPUBLIC OF DJIBOUTI

15.    I transmitted to the Republic of Djibouti a joint congratulatory letter co-signed with Honourable Commissioner Janet Ramatoulie Sallah-Njie, Special Rapporteur on the Rights of Women in Africa, addressed to His Excellency the President of the Republic of Djibouti. The letter commended the historic signing of the African Union Convention on Ending Violence against Women and Girls and encouraged its ratification to ensure full implementation.

ii.    REPUBLIC OF MADAGASCAR

16.    I addressed a letter of concern to His Excellency the President of the Republic of Madagascar regarding recent incidents that occurred in Madagascar, marked by protests that resulted in the deaths of twenty-two (22) people and numerous injuries. 

17.    In this letter, I conveyed my serious concerns regarding allegations of excessive use of force and human rights violations, and urged the Government to conduct impartial investigations, ensure the protection of citizens’ rights, and fully comply with the provisions of the African Charter on Human and Peoples’ Rights.

iii.    REPUBLIC OF SUDAN

•    Adoption of the Fact-Finding Mission Report by the ACHPR

18.    Since the conclusion of the 83rd Ordinary Session on 23 May 2025, our focus has been on the preparation and finalisation of the investigative report of the joint Fact-Finding Mission on the human rights situation in Sudan. The use of two languages and exclusively virtual exchanges between Commissioner Members of the FFM and experts hosted in Banjul posed significant challenges to our work.

19.    We were nevertheless able to present the preliminary report at the 84th session of the ACHPR, where it was adopted with a few amendments. Its publication is currently pending only the revision of the copies in the four working languages of the Commission and its subsequent submission to the Peace and Security Council.

•    Webinar on strengthening women’s participation in local governance structures in Sudan:

20.    On 10 September, I participated in a webinar organised by SIHA on “Strengthening women’s participation in local governance structures in Sudan.” Participants highlighted traditional and religious barriers that hinder Sudanese women’s access to governance structures.

•    Panel on the Human Rights Situation in Sudan:

21.     On the sidelines of the 60th session of the Human Rights Council, the organisation known as the Committee for Justice, with the support of the World Organisation against Torture (OMCT) and Human Rights Watch (HRW), convened a panel bringing together numerous Sudanese civil society organisations. I was invited to participate alongside my colleague, Ms Mona Rachmawi, a member of the United Nations Fact-Finding Mission on the human rights situation in Sudan, to present the findings of our work.

22.    In my presentation, I outlined the main steps involved in conducting the mission, from the creation of teams to the drafting of the report, while highlighting the key challenges encountered. As the report was still under embargo, I limited my remarks to describing the nature of the violations observed, without delving into the details contained in the document.

23.    Ms Rachmawi, for her part, provided a more detailed presentation of the work and its findings. My presentation aroused considerable interest among the participants, who unanimously called for an immediate publication of the report. I indicated that the mission was in its final stages and that the report would be published in the shortest possible time.

III.    REPORT ON THE SITUATION OF TORTURE AND OTHER ILL TREATMENT IN AFRICA

May 2025 – October 2025

Introduction: 

24.    Torture is “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.” 

25.    This biannual report on the situation of torture and other ill-treatment in Africa is compiled in accordance with the terms of reference of the CPTA, this mandates the Committee to report to each Ordinary Session of the African Commission on the status of the implementation of the Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (the Robben Island Guidelines). The Robben Island Guidelines provide concrete guidance to State and non-state actors on how to implement Article 5 of the African Charter on Human and Peoples’ Rights (the African Charter), which provides that:

26.    “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, inhumane or degrading punishment and treatment shall be provided.” 

27.    The Committee for the Prevention of Torture in Africa (CPTA) promotes the implementation of the Robben Island Guidelines and other important instruments in the prevention and prohibition of torture and other ill-treatment, including the United Nations Convention against Torture (UNCAT) and the Optional Protocol to UNCAT (OPCAT). It also strives for the establishment of effective National Preventive Mechanisms (NPMs) in African States in accordance with OPCAT.

A.    Positive Developments with the Prohibition and Prevention of Torture and Other Ill Treatment or Punishment in Africa

UNCAT: 

28.    On 4 June 2025, the UN Committee Against Torture provided their concluding observations for Mauritius’s fifth periodic report.  The committee welcomed significant legislative and policy reforms that aimed to strengthening safeguards under the convention. These reforms include the repeal of outdated juvenile laws, the enactment of child protection statuses prohibiting corporal punishment, raising the age of criminal responsibility, and creating specialised children’s courts. Additional measures including the establishment of a child sex offenders register were also commended.   The Committee acknowledged the Cabinet’s approval in April 2025 of two amendment bills, to the Constitution and the Criminal Code, aimed at removing older provisions that used to undermine the absolute prohibition of torture. 

UN Subcommittee on Prevention of Torture (SPT):

29.    The UN Subcommittee on Prevention of Torture (SPT) declared that due to the current liquidity crisis of the United Nations Secretariat, it decided to postpone both of its visits to Mozambique (4-15 May 2025) and Burundi (6-12 April 2025).  

Ratification: 

UNCAT Ratification: 

30.    Since the previous report, there have been no new signatories of African States to the United Nations Convention Against Torture. 

31.    The following fifty-two (52) African States have ratified UNCAT: Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cabo Verde, Cameroon, Central African Republic, Chad, Comoros, Congo, Côte d’Ivoire, Democratic Republic of the Congo, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, South Sudan, Sudan, Swaziland, Togo, Tunisia, Uganda and Zambia. 

32.    Only two (2) African States have not yet ratified UNCAT: the United Republic of Tanzania and Zimbabwe. 

OPCAT Ratification: 

33.    Since the previous report, there have been no new signatories of African States to the Optional Protocol against Torture. 

34.    To date, the following twenty-five (25) African States have ratified OPCAT: Benin, Burkina Faso, Burundi, Cabo Verde, Central African Republic, Cote d’Ivoire (March 2023), Democratic Republic of the Congo, Congo, Gabon, Ghana, Liberia, Madagascar, Mali, Mauritania, Mauritius, Morocco, Mozambique, Niger, Nigeria, Rwanda, Senegal, South Africa, South Sudan, Togo, and Tunisia.  

35.    A further seven (7) African States are signatories to OPCAT: Angola, Cameroon, Chad, Guinea, Guinea-Bissau, Sierra Leone, and Zambia. 

Compliance with OPCAT: 

36.    Since the previous report, there have been additional state parties listed as non-compliant under Article 17 of OPCAT in establishing national preventive mechanisms (NPMs). The following (7) African States listed as non-compliant include: Burundi, Central African Republic, Democratic Republic of the Congo, Gabon, Ghana, Liberia, and South Sudan. 

Other Positive Developments: 

1.    On 29 April 2025, the Committee on Enforced Disappearances, in its concluding observations on the report of the Central African Republic, welcomed the adoption of Act No. 17-015 of 20 April 2017 establishing the National Commission on Human Rights and Fundamental Freedoms and commended its operationalization. It also welcomed the inclusion of enforced disappearance as a crime against humanity and is not subject that statute of limitations under article 153 of the Criminal Code. 

2.    On 14 May 2025, the UN Committee on Enforced Disappearances, in its concluding observations on The Gambia, commended the State for ratifying the Convention, establishing transitional justice mechanisms, and engaging with international human rights processes.  

3.    On 9 July 2025, Ghana inaugurated a Prisons Service Council mandated to oversee reforms aimed at decongestion, improved conditions of detention, and enhanced rehabilitation and reintegration. 

4.    On 11 July 2025, the UN Special Rapporteur on Torture commended Côte d’Ivoire for adopting an amendment criminalising acts of torture by public officials. 

5.    On 18 August 2025, Malawi’s Prisons Act (Bill No. 8 of 2025) came into force, repealing the 1956 law and introducing safeguards such as a ban on child imprisonment, improved healthcare, measures to reduce overcrowding, and access to legal representation. Concerns remain on nutrition, parole implementation, and oversight. 

6.    On 23 September 2025, the UN Human Rights Office welcomed the release of activist Alaa Abdel Fattah in Egypt and the President’s decision to return the draft Criminal Procedures Code to Parliament, urging lawmakers to align the law with international human rights obligations. 

Reported Prosecutions of Officials for the Crime of Torture, or Other Ill Treatment and Court Decisions Advancing the Prohibition of Torture:

7.    On 9 April 2025, the ECOWAS Court of Justice held Togo liable for violating the right to freedom from inhuman and degrading treatment after the applicant, Jean Pien-e Fabre, was beaten by a law enforcement officer and for failing to investigate his complaint for over 14 years. The Court awarded 6.5 million CFA in compensation, ordered the State to investigate the complaint with expedition, and to report on compliance within six months. 

8.    On 15 May 2025, the ECOWAS Court of Justice held Nigeria liable for violating the rights of Moses Abiodun, who had been detained without trial since 2009 following arrest by the SARS police unit. The Court declared that Nigeria has violated the Applicant’s right to freedom from inhuman and degrading treatment under Articles 5 and 7 of the African Charter. It ordered Abiodun’s immediate release and awarded 20 million naira in compensation for the violations suffered. 

9.    On 19 June 2025, the High Court of Malawi (Mambulasa J) held that the arrest and detention of a minor by the Malawi Police Service amounted to torture, cruel, inhuman and degrading treatment, and was unlawful and unconstitutional, and held the State liable to pay compensation. 

10.    On 24 June 2025, the High Court of Kenya (Mwita J) held the State liable for the abduction, incommunicado detention, torture, and forcible removal of Nnamdi Kanu to Nigeria, declaring the acts unconstitutional and awarding him 10,000,000 KShs in damages. 

11.    On 26 June 2025, the African Court on Human and Peoples’ Rights held Tanzania liable for violations of Article 5 of the African Charter, finding that police brutalisation, the failure to order investigations, and the imposition of the death penalty by hanging amounted to torture and cruel, inhuman or degrading treatment. The Court ordered the abolition of the mandatory death penalty, awarded the applicant 1,000,000 TZS in compensation, and directed legislative reforms to protect the rights to dignity and humane treatment. 

12.    On 22 July 2025, the African Commission on Human and Peoples’ Rights, in its Press Statement at the Conclusion of the Promotion Mission to the Kingdom of Eswatini, welcomed the government’s efforts to combat impunity by prosecuting security officials responsible for serious violations, including assault, torture, and extrajudicial killings. 

13.    On 2 September 2025, the Uganda Human Rights Commission Tribunal in Gulu awarded UGX 115 million in compensation to victims of torture and other human rights violations, including cases involving the right to life, cruel and inhuman treatment, and forced labour in detention. 

B.    Concerns with the Prohibition and Prevention of Torture and Other Ill Treatment or Punishment in Africa

Extra- Judicial Killings, Arbitrary Executions, the Death Penalty and Enforced Disappearances:

14.    On 10 April 2025, Human Rights Watch reported that in Egypt, two men, Youssef El-Sarhani and Faraj Al-Fazary, were allegedly killed by National Security Agency officers in Marsa Matrouh after surrendering to the authorities, amounting to extrajudicial execution. The organisation called for an independent investigation and raised concerns about intimidation of families and lack of transparency in the process. 

15.    On 16 April 2025, the African Commission on Human and Peoples’ Rights condemned attacks by the Rapid Support Forces (RSF) on the Zamzam and Abu Shouk IDP camps near El Fasher, Sudan, reporting dozens of civilian casualties, including women, children, and medical personnel, and deliberate strikes on clinics and shelters, and called for immediate cessation, accountability through independent investigations, and unrestricted humanitarian access. 

16.    On 29 April 2025, the Committee on Enforced Disappearances, in its concluding observations on the report of the Central African Republic, expressed concern about cases of enforced disappearance, including abductions from prisons and forced labour highlighted by MINUSCA, as well as allegations linked to the recruitment and use of children by armed groups. 

17.    On 1 May 2025, the UN High Commissioner for Human Rights reported that coordinated attacks on El Fasher and Abu Shouk camp in Sudan killed at least 40 civilians, bringing the confirmed number of civilian deaths in North Darfur to 542 over three weeks, with the actual toll likely higher. 

18.    On 2 May 2025, Human Rights Watch stated, in its submission to the African Commission, that in Sudan, warring parties committed widespread atrocities, including mass killings and conflict-related sexual violence, with attacks against particular ethnic groups amounting to ethnic cleansing. 

19.    On 9 May 2025, Human Rights Watch reported that opposition leaders Abba Alhassane and El Bachir Thiam were abducted in Bamako and Kati, Mali, and are feared forcibly disappeared, with authorities failing to acknowledge their detention or disclose their whereabouts. 

20.    On 12 May 2025, Human Rights Watch reported that in Mali, at least 22 Fulani men were found dead in Diafarabé, Mopti region, after being taken into custody by soldiers. The victims were located in shallow graves with signs consistent with summary execution. 

21.    On 13 May 2025, the UN Committee on Enforced Disappearances, in its report on requests for urgent action, noted 17 registered cases of enforced disappearance in Sudan, including allegations involving the Rapid Defence Forces and Sudanese Armed Forces, and urged the authorities to adopt a comprehensive search and investigation strategy to locate the disappeared and identify those responsible. 

22.    On 29 May 2025, the African Commission on Human and Peoples’ Rights expressed concern over reports of several mass graves and unidentified bodies in Abu Salim, Tripoli, Libya, recalling that enforced disappearances and extrajudicial, arbitrary and summary executions violate Articles 4, 5, and 6 of the African Charter and urging prompt, independent, and effective investigations. 

23.    On 21 June 2025, the UN High Commissioner for Human Rights expressed great concern regarding discoveries at detention facilities run by the Stabilization Support Apparatus in Tripoli, Libya, where dozens of bodies, instruments of torture, and evidence of extrajudicial killings were reportedly found. 

24.    On 24 June 2025, Human Rights Watch reported that lawyer Mohamed Traoré was abducted in Conakry, Guinea, assaulted, and later found with signs of torture; the organisation urged authorities to ensure a prompt, impartial investigation and accountability. 

25.    On 11 July 2025, the UN Special Rapporteur on Torture noted two instances of torture and 29 cases of ill-treatment in the Central African Republic, underscoring persistent patterns of abuse and inadequate accountability mechanisms. 

26.    On 18 July 2025, Human Rights Watch reported, in its UPR submission on Rwanda, persistent enforced disappearances and suspicious deaths, including the unresolved case of poet Innocent Bahati, missing since February 2021, amid a lack of credible investigations. 

27.    On 5 August 2025, the Office of the High Commissioner for Human Rights reported that its Designated Expert on Sudan concluded an official visit to Port Sudan and expressed alarm at the deteriorating situation, citing widespread extrajudicial killings and arbitrary detention, particularly in El Fasher in North Darfur and the Kordofan region, amid the ongoing conflict. 

28.    On 6 August 2025, Human Rights Watch reported that between 26–27 July 2025, the ADF armed group killed over 40 people, including children, during a church gathering in Komanda, Ituri Province, eastern the Democratic Republic of Congo, and abducted several others, highlighting failures by nearby security forces to protect civilians. 

29.    On 6 August 2025, the UN High Commissioner for Human Rights reported that at least 319 civilians, including 48 women and 19 children, were killed between 9 and 21 July 2025 in four villages in Rutshuru territory, North Kivu Province, the Democratic Republic of Congo during attacks by the M23 armed group backed by members of the Rwanda Defence Force. 

30.    On 6 August 2025, the African Commission on Human and Peoples’ Rights adopted its resolution on Tanzania, expressing concern over enforced disappearances, torture, arbitrary arrests, and violent repression of opposition rallies ahead of the October elections. The Commission urged investigations into these violations, protection of human rights defenders, and the implementation of constitutional and legal reforms previously ordered by the African Court. 

31.    On 4 September 2025, the UN High Commissioner for Human Rights deplored Mali’s indefinite suspension of elections and crackdown on civil society, noting hundreds of extrajudicial executions, arbitrary arrests, and enforced disappearances by state forces, foreign personnel, and armed groups. 

Security Measures, Terrorism and Torture:

32.    On 13 June 2025, UN experts reported a pattern of enforced disappearances and torture in Tanzania ahead of elections, citing the abduction and mistreatment of journalists Boniface Mwangi and Agather Atuhaire, and more than 200 disappearances since 2019. The experts urged the Government to end these practices, investigate abuses, and provide justice and reparations to victims. 

33.    On 11 July 2025, the UN Special Rapporteur on Torture expressed concern over documented massacres by pro-government militias in Burkina Faso. Circulating videos revealed detainees with visible injuries, bound hands and feet, and numerous victims killed. The report also highlighted cases of children abducted, raped, maimed, and beaten amid ongoing conflict. 

34.    On 11 July 2025, the UN Special Rapporteur on Torture expressed grave concern over widespread abuses attributed to the Wagner Group and its associates in the Central African Republic and Mali, including executions of civilians, forced recruitment of children, sexual violence, and attacks on schools and hospitals. In Mali, several military bases were reportedly identified where civilians have been detained and tortured, further entrenching patterns of impunity and lawlessness in both countries. 

35.    On 25 June 2025 and during the Saba Saba protests, Amnesty International reported that over 1,500 people in Kenya were arrested, including more than 100 facing terrorism-related charges, and noted concerns regarding the use of counterterrorism laws, the right to bail, and judicial independence. 

36.    On 26 August 2025, the UN High Commissioner for Human Rights called on Egypt to end the practice of “rotation,” through which individuals are subjected to prolonged arbitrary detention by being charged in new cases as they near the completion of their sentences or the maximum period of pretrial detention. The High Commissioner urged the authorities to ensure that counter-terrorism and criminal laws are not used to punish the legitimate exercise of basic human rights. 

37.    On 5 September 2025, the UN Human Rights Office reported that parties to the conflict in North and South Kivu, Democratic Republic of the Congo, committed widespread abuses, including summary executions, torture, sexual slavery, gang rape, enforced disappearances, and child recruitment, which may amount to war crimes and crimes against humanity. 

38.    On 19 September 2025, the UN Human Rights Office reported that at least 3,384 civilians were killed in Sudan between January and June, mostly in Darfur, amid indiscriminate attacks by both the Rapid Support Forces and Sudanese Armed Forces, including summary executions, airstrikes on markets and IDP camps, conflict-related sexual violence, arbitrary detention, and ethnic profiling, in what the UN warned amounts to atrocity crimes. 

39.    On 22 September 2025, Human Rights Watch reported a surge in arrests of journalists in Ethiopia, including the enforced disappearance of editor Yonas Amare and the prolonged detention of Sheger FM reporters Tigist Zerihun and Mintamir Tsegaw, reflecting a pattern of arbitrary detention and intimidation of the media. 

40.    On 26 September 2025, the UN High Commissioner for Human Rights warned of worsening violence in South Sudan, reporting nearly 2,000 civilians killed and hundreds more injured, abducted, or subjected to sexual violence. The UN also documented indiscriminate airstrikes, extrajudicial killings, and mass displacement amid escalating political tensions and communal clashes. 

Torture during Deprivation of Liberty and Poor Conditions of Detention: 

41.     On 10 April 2025, Experts of the Committee against Torture expressed concern that Mauritius’s Criminal Code section on “police brutality” lacks minimum penalties and does not clearly cover all acts of torture, leaving gaps in protection; they also raised alarm over deaths in police custody and broader shortcomings in detention conditions, including inadequate food and medical care, limited family visits, and the commingling of remand and convicted prisoners. 

42.    On 23 May 2025, Amnesty International reported that, in Dar es Salaam, Tanzania, human rights defenders Agather Atuhaire and Boniface Mwangi were arbitrarily arrested, held incommunicado, allegedly tortured, and forcibly deported; the organisation urged effective investigations and an end to repression against human rights defenders. 

43.    On 12 June 2025, the African Commission on Human and Peoples’ Rights deplored the death in police custody of Mr. Albert Omondi Ojwang in Kenya, noting post-mortem findings indicating that his death was likely caused by assault injuries sustained in detention. 

44.    On 18 July 2025, Human Rights Watch reported, in its submission to the UN Universal Periodic Review of Rwanda, that detainees held in official and unofficial detention centres in Kigali and Rubavu, were subjected to torture and other ill-treatment, with complaints routinely ignored and the national human rights commission failing to report cases. 

Torture and Excessive Use of Force Against Protestors:

45.    On 25 June 2025, Amnesty International reported that protests in Kenya following the custodial death of Albert Ojwang were infiltrated by violent groups and met with excessive police force, leaving 25 injured and resulting in the death of bystander Boniface Mwangi Kariuki, with two officers arrested in connection with the shooting. 

46.    On 2 July 2025, the Office of the UN High Commissioner for Human Rights reported concern over the deaths of at least 10 people during protests in Nairobi and 16 other counties in Kenya, where police used live ammunition, rubber bullets, tear gas and water cannons. 

47.    On 3 July 2025, Amnesty International reported that, in Lomé, Togo, security forces responding to protests since 26 June used unnecessary and excessive force, including alleged unlawful killings, arbitrary arrests and detentions, acts of torture and other ill-treatment, and abductions; the organisation urged independent, transparent investigations and the release of those detained for exercising their rights. 

48.    On 31 July 2025, the Office of the UN High Commissioner for Human Rights reported that at least 22 people were killed and over 1,000 detained during protests in Angola, raising concern over the alleged use of live ammunition and tear gas by security forces, and called for prompt, thorough, and independent investigations into all violations. 

49.    On 29 September 2025, the UN High Commissioner for Human Rights condemned the violent crackdown on protests in Madagascar, reporting at least 22 killed and over 100 injured as security forces used teargas, beatings, arbitrary arrests, and live ammunition against protesters and bystanders. 

Attacks on Migrants:

50.    On 27 August 2025, Human Rights Watch reported that, in Mauritania, security forces allegedly subjected migrants and asylum seekers to torture and other ill-treatment during border and migration control operations, alongside arbitrary arrests, inhumane detention conditions, and collective expulsions. 

Other Concerns (Negative Developments):

51.    On 2 May 2025, Human Rights Watch stated, in its submission to the African Commission, that authorities in Zimbabwe continued to suppress dissent through arbitrary arrests, politically motivated prosecutions, harassment of journalists, excessive force against protesters, and abductions and torture of civil society and opposition members. 

52.    On 8 July 2025, the ECOWAS Court of Justice held Sierra Leone responsible for failing to criminalise female genital mutilation (FGM) and to investigate and prosecute perpetrators, finding that the forcible subjection of a victim to FGM constituted inhuman and degrading treatment contrary to the African Charter, the Maputo Protocol and the ICCPR. The Court ordered the State to adopt immediate legislative measures to prohibit FGM, to investigate and prosecute those responsible, and to pay the victim USD 30,000 in compensation. 

53.    On 11 July 2025, the UN Special Rapporteur on Torture warned that terrorism and violent extremism continue to devastate the Sahel, with an estimated 10,400 deaths linked to militant Islamist violence in 2024, exacerbating cycles of brutality, displacement, and retaliatory abuses by both State and non-State actors. 

54.    On 11 July 2025, the UN Special Rapporteur on Torture highlighted that in Sudan, torture and other cruel treatment were widespread and routine, including in “ghost sites” and improvised detention centres. Both the Rapid Support Forces and the Sudanese Armed Forces reportedly engaged in systematic acts of rape, enslavement, and executions, often filming these abuses as tools of terror and humiliation. 

55.    On 1 September 2025, UN experts expressed alarm at a surge in serious human rights violations in Burundi during the election period, documenting at least 58 enforced disappearances, 62 acts of torture, 892 arbitrary detentions, and 605 extrajudicial executions between January 2024 and May 2025. The violations, allegedly committed by state agents and ruling party militia, targeted civil society, journalists, and political opponents in a climate of impunity. 
 
56.    On 23 September 2025, Human Rights Watch reported that US expulsion deals with Eswatini, Ghana, Rwanda, and South Sudan exposed deportees to arbitrary detention, secret detention amounting to enforced disappearance, and risks of torture through refoulement. In Eswatini, five men were held without charge in harsh prison conditions; South Sudan detained seven deportees in undisclosed locations; and Ghana returned deportees, including a bisexual man to The Gambia, where he faced a serious risk of torture. 

57.    On 2 October 2025, in its Press Statement at the Conclusion of the Promotion Mission to the Republic of Ghana, the African Commission on Human and Peoples’ Rights highlighted serious gaps in the prevention of torture, including the absence of dedicated anti-torture legislation, the lack of an independent National Preventive Mechanism, and severe prison overcrowding. 

IV.    RECOMMENDATIONS:

In view of the foregoing, the following recommendations can be made in relation to the CPTA’s mandate of preventing and prohibiting torture and other ill-treatment:

I.    States that have not yet done so should ratify UNCAT.
II.    States that have not yet done so should ratify OPCAT and establish, designate or maintain National Preventive Mechanisms in accordance with Article 17 of OPCAT.
III.    All States should criminalise torture and other ill-treatment according to UNCAT.
IV.    All States should ensure that no statement obtained through torture is admitted as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.
V.    States should take steps to avoid the use of broad laws such as anti-terror legislation, state of emergency laws and other state security legislation to carry out arbitrary arrests, searches and detentions contrary to international and regional standards.
VI.    States should review national laws to protect individuals from enforced disappearances, torture and other ill-treatment by prohibiting incommunicado detention; prolonged solitary confinement and criminalise the use of secret or unauthorised detention centres in accordance with the Robben Island Guidelines, UNCAT and OPCAT.
VII.    States should establish mechanisms empowered to receive complaints of torture and other ill-treatment.
VIII.    States should initiate prompt, thorough, independent, and impartial investigations into all allegations of torture and other ill-treatment and ensure that perpetrators are held accountable and are subjected to appropriate sanctions that reflect the gravity of the offences, in accordance with the relevant international and regional standards.
IX.    States should respect and protect the rights of persons or groups at heightened risk to acts of torture and other ill-treatment, including persons with intellectual or psychosocial disabilities, homeless persons, even and children, persons with albinism, LGBTQIA+ persons, migrants, refugees, and internally displaced persons, and to ensure that perpetrators are held accountable.
X.    States should ensure that victims of torture and other ill-treatment have the right to all forms of redress including restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition in accordance with General Comment No. 4 on the African Charter on Human and Peoples’ Rights: The Right to Redress for Victims of Torture and other Cruel, Inhuman or Degrading Punishment or Treatment (Article 5).
XI.    All parties to conflicts should respect international humanitarian law set out in the Geneva Conventions, in their treatment of civilians and civilian property.
XII.    States should ensure that they implement recommendations made by the African Commission on Human and Peoples’ Rights and UN bodies to prohibit and prevent torture and other ill-treatment. 
XIII.    Anyone with information regarding allegations of torture and other ill-treatment should bring the allegations to the attention of the CPTA.