79th PUBLIC ORDINARY SESSION
OF THE
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
May 14 – June 3, 2024
Intersession Report
Committee for the Prevention of Torture in Africa
Honourable Commissioner Hatem ESSAIEM
Committee Chairperson
INTRODUCTION
1.This 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 each Ordinary Session of the Commission, a written report on the activities undertaken 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 mandates the Committee to monitor the implementation of the Guidelines and Measures for the Prohibition and Prevention of Torture and 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 states that: “Every individual shall have the right to respect for 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 treatment or punishment shall be prohibited.”[ Article 5 of the African Commission on Human and Peoples’ Rights’ <https://www.achpr.org/legalinstruments/detail?id=49>.]
3.I therefore submit this 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 the Sudan.
4.This Report is presented on the occasion of the 79th Ordinary Session of the Commission. It summarizes the intersessional activities carried out under the various mandates entrusted to me. This Intersessional Report covers the period from the end of the 77th to the 79th Ordinary Session of the Commission, i.e. the period from November 10, 2023 to May 13, 2024.
5.During the period covered by this report, I participated in all the activities provided for in the Work Plan of the Commission.
6.With the lifting of travel restrictions by the African Union and thanks to the collaboration with our partners, we have been able to organise and participate in face-to-face activities. Other activities were conducted via webinars.
7.The detailed account of these activities is contained in this report, which is structured in four parts, namely this 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.
I.ACTIVITIES CARRIED OUT DURING THE INTERSESSIONAL PERIOD
8.During the intersessional period, I participated in the following activities in my capacity as Chair and/or member of Subsidiary Mechanisms (A) and as member of the Commission.
A.ACTIVITIES CARRIED OUT WITHIN THE FRAMEWORK OF THE SPECIAL MECHANISMS
1.CHAIRPERSON OF THE COMMITTEE FOR THE PREVENTION OF TORTURE IN AFRICA
COOPERATION WITH THE ASSOCIATION FOR THE PREVENTION OF TORTURE (APT):
The good cooperation maintained for many years between the CPTA and the APT was at the root of the choice of our mechanism to proceed with an external auditor to evaluate the functioning of the APT and in particular its collaboration and the support granted to our committee. This evaluation took place by videoconference on November 28, 2023.
AWARENESS-RAISING AND TRAINING WEBINAR TO DISSEMINATE THE ABIDJAN RULES
9. As part of the implementation of its AWP 2023, the Committee organised an awareness-raising and training webinar on 19 December 2023 to disseminate the Rules establishing and operating the mechanism for alerting and reporting to the African Commission on Human and Peoples' Rights situations of torture and other cruel, inhuman or degrading treatment or punishment (the Abidjan Rules).
10.The aim of this webinar for French- and Portuguese-speaking African countries was to disseminate and familiarise participants with the Abidjan Rules. More specifically, this webinar aimed to:
i.Take stock of the state of implementation of international and regional instruments for the prevention of torture on the continent;
ii.Present the Committee for the Prevention of Torture in Africa;
iii.Present and go through the general operating process of the Abidjan Rules;
iv.Present the partnership procedure between the Human Rights Defenders and the CPTA in the framework of the implementation of the Abidjan Rules;
v.Simulate practical cases of torture alerts;
vi.Empower all stakeholders in the effective use of the Abidjan Rules.
11.This webinar, under my direction, was attended by the Committee's Expert Members, representatives of our most loyal partners (APT, FIACAT) and more than 30 whistleblowers (International Organisations, NHRIs, NGOs, lawyers, etc.) from various French- and Portuguese-speaking African countries.
12.However, the Committee deplores the lack of financial means which does not favour the organisation of face-to-face activities on the dissemination of said Rules, which would allow to create more impact.
8TH SYMPOSIUM OF THE INPT OF TUNISIA
13.In my capacity as Chairperson of the CPTA, I took part in the work of the 8th International Symposium of the Instance Nationale de Prévention de la Torture de Tunisie (Tunisia's National Institution for the Prevention of Torture) as part of the celebrations for the 75th anniversary of the Universal Declaration of Human Rights, the theme of which was “Monitoring the conditions of detention of people in vulnerable situations”. The meeting took place on November 23 and 24, 2022 at the Hotel Laico in Tunis.
14.I was invited to give the opening address on behalf of the African Commission on Human and Peoples' Rights at the inaugural ceremony. I outlined the work and struggle of our Commission against the conditions of detention of people in vulnerable situations (migrants, people with HIV) on the continent. I also took the opportunity to recall the adoption of the Abidjan rules and the need to implement them. Commissioner Selma Sassi and CPTA expert Ms. Bousbih took a very active part in the symposium, which was attended by human rights defenders from every continent. The exchange of experiences was highly instructive.
PARTICIPATION IN THE INTERNAL MEETING OF THE COMMITTEE FOR THE PREVENTION OF TORTURE IN AFRICA
15.On 21 February 2024 the Committee held its first internal meeting. The objectives of this virtual meeting were to:
i.Consider and adopter the Annual Work Programme;
ii.Allocate roles.
16.At the end of the meeting, the Committee decided on the CPTA's theme for 2024, which is “Education for the prevention of torture”. It was also agreed to define the activities for the coming year, including the launch of the project to draft a model law to criminalise torture in Africa.
EVALUATION MEETING WITH THE DANISH MINISTRY OF FOREIGN AFFAIRS
17.On January 23, 2024, I had a meeting with the Head of Cooperation with human rights organisations at the Danish Ministry of Foreign Affairs to review our collaboration with NGOs funded by the Danish Government and the best ways to make this relationship more effective.
PROTECTION ACTIVITIES
18.As part of the implementation of my protection mandate as Chairperson of the Committee for the Prevention of Torture, as a member of the Commission and in my capacity as Country Rapporteur, I carried out the following activities:
Meeting with the Association for the Prevention of Torture (APT)
19.At the suggestion of APT, I had a virtual meeting on February 15, 2024 with Ms. Barbara Bernath, the APT Chairperson, accompanied by Mr. Juvenal Babona, to discuss our cooperation and future activities.
20.Following a review of the activities carried out in 2023 and during the first half of this year, we have set the dates of June 24 and 25, 2024 for a meeting in South Africa with the Southern African Regional Police Chiefs Co-operation Organization (SARPCOO) to discuss the Mendez Principles and the Abidjan Rules.
21.We have also set the dates of June 26 and 27 for the Second Conference of the African NPM network, to be held in Cape Town, with an excursion to Robben Island on June 27. On June 28, an activity is planned on the Abidjan Rules.
22.Finally, we have agreed that a panel will be organised during the 79th Session of the Commission to celebrate the 20th anniversary of the creation of the CPTA and UNCAT 40th anniversary.
2.CHAIRPERSON OF THE ADVISORY COMMITTEE ON BUDGET AND PERSONNEL ISSUES
23.The report on the activities of this Committee will be presented in Private Session. It should be noted, however, that I have been associated with my colleague, the Honourable Commissioner Maria Teresa Manuela, in the process of recruiting the Legal Adviser of the African Union. This process began virtually during three long meetings scheduled successively on November 30 and December 1 and 20, 2023. We finalised the selection process in Addis Ababa on January 12, 2024. Our participation in this process is a mark of confidence in our Organ.
3.ACTIVITIES CARRIED OUT AS COUNTRY RAPPORTEUR
i.REPUBLIC OF BENIN
24.In my capacity as Country Rapporteur for the Republic of Benin, with the assistance of the Secretariat of the African Commission on Human and Peoples' Rights (the Secretariat), a letter of presentation for contact was sent to the State Party to the African Charter on Human and Peoples' Rights (the African Charter).
ii.REPUBLIC OF DJIBOUTI
25.In my capacity as Country Rapporteur for the Republic of Djibouti pursuant to Resolution ACHPR/Res.540 (LXXIII) 2022, with the assistance of the Secretariat of the African Commission on Human and Peoples' Rights (the Secretariat), an introductory letter to undertake a Promotion Mission to the Republic of Djibouti was sent to the State Party to the African Charter on Human and Peoples' Rights (the African Charter).
iii.REPUBLIC OF MADAGASCAR
26.In my capacity as Country Rapporteur for the Republic of Madagascar pursuant to Resolution ACHPR/Res.540 (LXXIII) 2022, with the assistance of the Secretariat of the African Commission on Human and Peoples' Rights (the Secretariat), a letter of introduction to undertake a Promotion Mission to the Republic of Madagascar was transmitted to the State Party to the African Charter on Human and Peoples' Rights (the African Charter).
iv.REPUBLIC OF THE SUDAN
Resolution on the situation in the Sudan
27.In my capacity as Country Rapporteur for the Republic of Sudan, I proposed the adoption of a Resolution on the human rights situation and the humanitarian crisis caused by the ongoing armed conflict in the Republic of The Sudan - ACHPR/Res.578 (LXXVII) 2023 which was adopted by the Commission at its 77th Ordinary Session held in Arusha, United Republic of Tanzania in November 2023. Among other things, this resolution condemns the ongoing conflicts in the Sudan, urging the parties to respect the commitments they have signed and to promote peaceful resolutions. It calls on the warring parties to put an end to all attacks on civilians and civilian infrastructure and to guarantee free and immediate humanitarian access.
First Joint Urgent Appeal Letter
28.Following the violent events regarding the escalation of violence against women in the capital Khartoum, Sudan, as well as reports of alleged sexual violence, abductions, enforced disappearances and enslavement of women and girls in the capital Khartoum, we issued a Joint Urgent Appeal Letter with the Special Rapporteur on the Rights of Women in Africa on December, 28 2024.
29.In this communiqué, we strongly condemned the acts of sexual violence, slavery, trafficking, rape and other behaviour constituting enforced disappearances. We also called on the judicial authorities to conduct a prompt, credible and independent investigation into these events.
30.We are still awaiting the Sudanese government's response in order to understand the causes and circumstances of these tragic events, as well as the measures taken to identify those responsible and bring them before the competent courts.
31.The available information does not make it possible to know whether judicial investigations have been opened or at what stage they are at, which is a cause for concern. We therefore reiterate our call for measures to be taken to identify and bring to justice the perpetrators of these violations, in order to prevent similar acts in the future.
Meeting on the human rights situation in the Sudan
32.Following requests from stakeholders to call for action on the human rights situation in the Sudan, a virtual meeting was held on December 30, 2023 with ACHPR Bureau and the Special Rapporteur human rights situation in conflicts. The aim was to discuss the actions to be taken with regard to the human rights situation in the Sudan.
33.The decision taken at the meeting was to draft a joint press release with the UN Special Procedure, after consultation with the relevant Commissioners on the involvement of the UN Special Rapporteurs. A draft was presented, but no further action has been taken on the communiqué.
Second Joint Urgent Appeal Letter
34.A Joint Urgent Appeal Letter, in collaboration with the Special Rapporteur on Freedom of Expression and Association, was sent to the Sudanese Government following the events of intermittent interruptions to Internet service and the almost complete collapse of Internet connectivity since February 4, 2024. Communication services have been disrupted in all parts of Sudan, severely disrupting crucial services such as banking, tax and duty collection at ports, among others. In addition, the delivery of life-saving medicines, baby milk and essential items for women's reproductive and physical health has been suspended.
35.We also drew attention to disturbing reports on the ongoing war in Al Fashir, North Darfur, which has led to a severe food shortage, plunging the community into a state of urgent need. The situation is exacerbated by soaring food prices, making basic necessities increasingly unaffordable for the majority of the population.
36.In this Communiqué, we strongly condemned the violations of the rights and freedoms recognised and guaranteed in the African Charter, without distinction, including the right to respect for life and the integrity of the person. We also called on the judicial authorities to conduct a prompt, credible and independent investigation into these events.
37.We are still awaiting the Sudanese Government's response in order to understand the causes and circumstances of these tragic events, as well as the measures taken to identify those responsible and bring them before competent courts.
38.The available information does not make it possible to know whether judicial investigations have been opened and at what stage they are at, which is a cause for concern. We therefore reiterate our call for measures to be taken to identify and bring to justice the perpetrators of these violations, in order to prevent similar acts in the future.
Webinar on the situation in the Sudan
39.On February 6, 2024, I took part in the virtual meeting organised by FIDH on the situation in Sudan. Several Sudanese civil society organisations and human rights defenders informed us of the deteriorating human rights situation in the country and the abuses committed, particularly against women.
Meeting with the OHCHR Fact-Finding Mission for the Sudan
40.In my capacity as Country Rapporteur for the Republic of Sudan, I had a virtual meeting on February 20, 2024, at their request, with the three members of the Fact-finding mission of the High Council for Human Rights. They asked to cooperate with our Committee and expressed the wish to share with them our experience and knowledge of the country and its organisations. I recommended that they attend our next Public Session and promised our help in introducing them to our Sudanese partners. I also took the opportunity to tell them about our efforts to promote human rights in this African country, and to summarise the testimonies we had gathered from Sudanese civil society during our various meetings.
B.ACTIVITIES CARRIED OUT AS A MEMBER OF THE COMMISSION
PARTICIPATION IN THE RETREAT BETWEEN THE COMMISSIONERS AND THE SECRETARIAT OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
41. This retreat was held from December 2 to 4, 2024 in Dakar, with the aim of discussing with members of the Secretariat the needs, presentations and preparations for the Joint Retreat with the PRC Sub-Committee.
PARTICIPATION IN THE JOINT RETREAT OF THE SUB-COMMITTEE ON HUMAN RIGHTS, DEMOCRACY AND GOVERNANCE (HRDG) OF THE PERMANENT REPRESENTATIVES COMMITTEE (PRC) OF THE AFRICAN UNION
42. The Joint Retreat was held from December 5 to 7, 2024 in Dakar with the aim, among others, of strengthening synergy between the ACHPR, and the HRDG Sub-Committee, and facilitating a coordinated and enhanced approach to the protection and promotion of human and peoples' rights on the continent.
43.The retreat also addressed the challenges faced by the ACHPR in the implementation of its mandate and explored opportunities for capacity building and strengthening of the ACHPR for a more effective fulfilment of its.
44.Finally, recommendations were made to States Parties and the ACHPR to strengthen their capacity to fulfil their mandate and working methods more effectively, as well as to find ways of strengthening coordination and collaboration with the Political Organs and Member States.
PARTICIPATION IN THE 78th ORDINARY SESSION
45.Like all my fellow Commissioners, I took part in the work of the 78th Private Ordinary Session of the Commission from February 23 to March 08, 2024. This session took place virtually. The Final Communiqué of the Session reported on its results.
•PARTICIPATION IN THE 1ST JOINT FORUM OF THE SPECIAL MECHANISMS OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
46.The Joint Forum took place from April 25th to 27th, 2024, in Dakar, with the aim, among others, of advancing the protection and promotion of human rights in Africa and strengthening commitments, overcoming challenges, and enhancing opportunities.
47.I also had the opportunity to deliver a presentation on the procedure regarding State reporting and the guidelines of the African Commission on Human and Peoples' Rights (ACHPR) aimed at promoting respect for human rights instruments by States. In this presentation, I emphasized the major challenges and obstacles faced by State parties in submitting their periodic reports.
II.REPORT ON THE SITUATION OF TORTURE AND OTHER ILL-TREATMENT IN AFRICA
September 2023 – February 2024
Introduction
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.”[ Article 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), <https://www.ohchr.org/en/professionalinterest/pages/cat.aspx>.]
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:
“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.”[Article 5 of the African Commission on Human and Peoples’ Rights, <https://www.achpr.org/legalinstruments/detail?id=49>. ]
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
UNCAT
On 1st November 2023, the United Nations Committee Against Torture experts in the third periodic review of Burundi and its efforts to implement provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, commended the efforts taken to repatriate Burundian refugees.[ United Nations Human Rights, Office of the High Commissioner, ‘Experts of the Committee against Torture Commend Burundi on Efforts to Repatriate Burundian Refugees, Ask about Acts of Torture Committed by the Burundian Police Force and Security Forces and about the Role of the Imbonerakure’ (News – 1 November 2023) <https://www.ohchr.org/en/news/2023/11/experts-committee-against-torture…; last accessed 9th December 2023.]
Further, the head of the delegation, stated that Burundi had made achievements in the fight against torture, including the implementation of education sessions on combating torture for magistrates, the police, administrative staff, detainees, members of political parties, and health officials. Burundi also penalized torture directly in its 2018 Constitution and set up a National Independent Commission on Human Rights. Further, in efforts to make the judiciary fully impartial, eight cases of torture were being considered by the judiciary, with twenty-seven magistrates currently behind bars on charges of corruption.[ United Nations Human Rights, Office of the High Commissioner, ‘Experts of the Committee against Torture Commend Burundi on Efforts to Repatriate Burundian Refugees, Ask about Acts of Torture Committed by the Burundian Police Force and Security Forces and about the Role of the Imbonerakure’ (News – 1 November 2023) <https://www.ohchr.org/en/news/2023/11/experts-committee-against-torture…; last accessed 9th December 2023.]
The Committee Against Torture’s fifth periodic report on Egypt's efforts at implementation praised Egypt’s voluntary contributions to the United Nations Voluntary Fund for Victims of Torture.[ United Nations Human Rights, Office of the High Commissioner, ‘Experts of the Committee against Torture Commend Egypt for its Contribution to the United Nations Fund for Victims of Torture, Raise Questions on the Death Penalty and Sharia Law’ (News – 15 November 2023) <https://www.ohchr.org/en/news/2023/11/experts-committee-against-torture…; last accessed 9th December 2023.]
OPCAT
In November 2023, 60 delegates from countries in East and Central Africa attended a regional conference concerning the Optional Protocol for the Convention against Torture. The conference addressed misconceptions about the OPCAT and the problems regions faced in its implementation. Overall, “delegates were committed to advancing ratification and implementation in their respective countries.”[ Juvenal Babona, ‘OPCAT regional conference: Carrying the torch of torture prevention in East and Central Africa’ (The Association for the Prevention of Torture, 2 November 2023) https://www.apt.ch/news/opcat-regional-conference-carrying-torch-tortur… last accessed 17 November 2023.
]
Ratification
UNCAT: Ratification
Since the previous report, there have been no new signatories of African States to the United Nations Convention Against Torture.[ United Nations Human Rights, Office of the High Commissioner, ‘Status of Ratification Interactive Dashboard’ <https://indicators.ohchr.org/> last accessed 9th December 2023. ]
To date, 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.[ United Nations Human Rights, Office of the High Commissioner, ‘Status of Ratification Interactive Dashboard’ <https://indicators.ohchr.org/> last accessed 9th December 2023. ]
Only two (2) African States have not yet ratified UNCAT: the United Republic of Tanzania and Zimbabwe.[ OHCHR, Status of Ratification Interactive Dashboard: Convention Against Torture and Other, Cruel, Inhuman, or Degrading Treatment or Punishment, <https://indicators.ohchr.org/> last accessed 9th December 2023. ]
OPCAT: Ratification
Since the previous report, there have been no new signatories of African States to the Optional Protocol against Torture.
To date, the following twenty-four (24) African States have ratified OPCAT: Benin, Burkina Faso, Burundi, Cabo Verde, Central African Republic, Cote d’Ivoire (March 2023), Democratic Republic of the Congo, Gabon, Ghana, Liberia, Madagascar, Mali, Mauritania, Mauritius, Morocco, Mozambique, Niger, Nigeria, Rwanda, Senegal, South Africa, South Sudan, Togo, and Tunisia.[ United Nations Human Rights, Office of the High Commissioner, ‘Status of Ratification Interactive Dashboard’ <https://indicators.ohchr.org/> last accessed 9th December 2023. ]
A further eight (8) African States are signatories to OPCAT: Angola, Cameroon, Chad, Congo, Guinea, Guinea-Bissau, Sierra Leone, and Zambia.[ United Nations Human Rights, Office of the High Commissioner, ‘Status of Ratification Interactive Dashboard’ <https://indicators.ohchr.org/> accessed 9th December 2023. ]
Compliance with OPCAT:
Currently, 70 countries out of the 93 state parties to the Optional Protocol to the Convention Against Torture have established National Prevention of Torture Mechanisms.[ United Nations Human Rights, Office of the High Commissioner, ‘UN torture prevention body plans to visit Democratic Republic of the Congo, Greece, Honduras, and Nigeria in 2024’ (Press Release – 29 November 2023) <https://www.ohchr.org/en/press-releases/2023/11/un-torture-prevention-b…; last accessed 12 February 2024. ]
The United Nations SPT visits are a part of their efforts to address the State Parties that are currently non-compliant with Article 17, requiring the establishment of one or several national preventive mechanisms for the prevention of torture at the domestic level. The following (9) African States listed as non-compliant include: Benin, Burundi, the Central African Republic, the Democratic Republic of Congo, Gabon, Ghana, Liberia, Nigeria and South Sudan.[ United Nations Human Rights, Office of the High Commissioner, ‘Non-compliance with Article 17’ (Subcommittee on prevention of torture) <https://www.ohchr.org/en/treaty-bodies/spt/non-compliance-article-17 > accessed 9th December 2023: United Nations Human Rights, Office of the High Commissioner, ‘UN torture prevention body plans to visit Democratic Republic of the Congo, Greece, Honduras, and Nigeria in 2024’ (Press Release – 29 November 2023) <https://www.ohchr.org/en/press-releases/2023/11/un-torture-prevention-b…; last accessed 12th February 2024. ]
UN Subcommittee on the Prevention of Torture (SPT): In November 2023, the United Nations Subcommittee on the Prevention of Torture announced plans to visit the Democratic Republic of Congo, Greece, Honduras and Nigeria in 2024 in line with their OPCAT planned visits.[ United Nations Human Rights, Office of the High Commissioner, ‘UN torture prevention body plans to visit Democratic Republic of the Congo, Greece, Honduras, and Nigeria in 2024’ (Press Release – 29 November 2023) <https://www.ohchr.org/en/press-releases/2023/11/un-torture-prevention-b…; accessed 12th February 2024.]
Other positive developments
A report published by FICACT in July 2023, ‘The Death Penalty, and the Prohibition of Torture and Cruel, Inhumane or Degrading Treatment or Punishment’, called for a more complete legal study to be conducted regarding the link between the death penalty and the prohibition of torture. Signatories of this report are Benin, Burundi, Cameroon, Congo, Côte d’Ivoire, Mali, Niger, Republic of the Congo, Chad, and Togo.[ FICACT, The death penalty and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, 9 October 2023, https://www.fiacat.org/en/publications-en/reports/thematic-reports/3003… last accessed 17 November 2023. ]
According to the United Nations Human Rights Office of the High Commissioner, Ghana[ Amnesty International, Ghana: Landmark vote to remove death penalty from laws is a major step forward, 25 July 2023, https://www.amnesty.org/en/latest/news/2023/07/ghana-landmark-vote-to-r… last accessed 18 November 2023. ] and Zambia[ UN, Zambia: Abolition of the death penalty ‘a historic milestone, 6 January 2023, Zambia: Abolition of the death penalty ‘a historic milestone’ | UN News last accessed 18 November 2023. ] removed the death penalty from their legislation.[ United Nations Human Rights Office of the High Commissioner, UN experts call for universal abolition of the death penalty, 9 October 2023, https://www.ohchr.org/en/press-releases/2023/10/un-experts-call-univers… last accessed 18 November 2023. ]
The United Nations SPT applauded Liberia as it “made public the SPT reports regarding our visits in 2010 and 2018” adding that “these reports contribute positively to the prevention of torture and ill-treatment in the country and show transparency in the measures to be implemented and followed up.”[ United Nations Human Rights, Office of the High Commissioner, ‘UN torture prevention body plans to visit Democratic Republic of the Congo, Greece, Honduras, and Nigeria in 2024’ (Press Release – 29 November 2023) <https://www.ohchr.org/en/press-releases/2023/11/un-torture-prevention-b…; accessed 12th February 2024. ]
Concerning Kenya, on 27th July 2023, President William Ruto reduced all death penalties imposed before 22nd November 2022, to life imprisonment.[ Kenyan National Commission on Human Rights, Press Release: Commutation of Death Sentences to Life Imprisonment: A Welcome Move!, 27 July 2023 <https://www.knchr.org/Articles/ArtMID/2432/ArticleID/1168/Press-Release…; last accessed, 17 November 2023.
] On 25th October 2023, Kenya’s judiciary proposed abolishing the death penalty for crimes of murder, violent theft, and treason.[ Voice of America, Kenya’s Judiciary Proposes Abolishing Death Penalty, Reducing Sentence, 25 October 2023 <https://www.voanews.com/a/kenya-s-judiciary-proposes-abolishing-death-p…; last accessed 4 December 2023.]
Burundi’s review by the Universal Periodic Working Group was adopted at the United Nations Human Rights Council 54th Session (11th September to 6th October 2023).[ United Nations General Assembly, Human Rights Council, Fifty-Fourth Session, ‘Agenda item 6 Report of the Working Group on the Universal Periodic Review – Burundi’ (REPORT - 11th October – 6 October 2023) <A/HRC/54/11 (undocs.org)> last accessed 9 December 2023. ] Burundi was praised for its progress in establishing a National Prevention of Torture Mechanism.
Mali’s review by the Universal Periodic Working Group was adopted at the United Nations Human Rights Council 54th Session (11th September to 6th October 2023)[ United Nations Human Rights, Office of the High Commissioner, ‘Human Rights Council 54th Regular Session’ < 54th session of the Human Rights Council (11 September to 13 October 2023) | OHCHR> accessed 9th December 2023.]. Mali received 275 recommendations with 222 accepted and 56 noted in the review, and was praised for its progress in opening regional offices of the National Human Rights Commission and establishing a National Prevention of Torture Mechanism.[ United Nations General Assembly, Human Rights Council, Fifty-Fourth Session, ‘Agenda item 6 Report of the Working Group on the Universal Periodic Review’ (REPORT - 11th October – 6 October 2023) <A/HRC/54/8 (undocs.org)> accessed 9th December 2023.] Mali was advised that it could still ratify the Optional Protocol to the Convention Against Torture (OPCAT) and take further actions to strengthen the National Prevention of Torture mechanisms already in place.[ United Nations General Assembly, Human Rights Council, Fifty-Fourth Session, ‘Agenda item 6 Report of the Working Group on the Universal Periodic Review- Mali’ (REPORT - 11th October – 6 October 2023) <A/HRC/54/8 (undocs.org)> last accessed 9 December 2023.]
Reported Prosecutions of officials for the crime of torture, or other ill-treat treatment and Court Decisions Advancing the Prohibition of Torture
Concerning Ethiopia, on October 13th, 2023, the UN Commission’s final report states that the international community must ensure accountability of perpetrators of gross human rights abuses: the Ethiopian National Defence Forces, Eritrean Defence Forces, and allied regional Special Forces and militias, responsible for mass killings, widespread and systematic rape, and sexual violence of women and girls.[ United Nations Subcommittee for the Prevention of Torture, International Community Must Ensure Accountability and Protection for Civilians Caught in Ethiopia Conflict, UN Commission Says Final Report, 13 October 2023 <https://www.ohchr.org/en/press-releases/2023/10/international-community… accessed 10 December 2023.]
On 30th November 2023, a German court delivered a guilty verdict in the trial of Bai Lowe, an alleged member of the “Janglers”, a paramilitary unit during President Jammeh’s tenure. He was charged with crimes against humanity for several attempted murders of journalists in The Gambia.[ Trial International, Historic Conviction in Germany of a Former Member of a Gambian Death Squad for Crimes Against Humanity, 30 November 2023
<https://trialinternational.org/latest-post/historic-conviction-in-germa… accessed 4 December 2023.
]
On 8th January 2024, the former Gambian Interior Minister, Ousman Sonko, was charged by the Swiss court with crimes against humanity relating to torture, kidnapping, sexual violence, and unlawful killings between 2000 and 2016 under then-President Yahya Jammeh. It marked a “major step” in the search for justice for victims of brutal crimes committed under Jammeh’s rule.[ International Commission of Jurists, Switzerland/Gambia: Jammeh-Era Crimes on Trial, 8 January 2024
<Switzerland/Gambia: Jammeh-Era Crimes on Trial | International Commission of Jurists (icj.org)>last accessed 28 January 2024.
] He faces charges including murder, multiple rapes, and torture of detained individuals between 2000 and 2016.[ TRIAL International, The end of a long wait: summary of the proceedings of the first week of the trial of Ousman Sonko, https://trialinternational.org/latest-post/summary-of-the-proceedings-o… last accessed 2 February 2024.]
According to Amnesty International, the Central African Republic has opened its first trial before the Special Criminal Court (SCC) to hold war criminals accountable for their actions.[ ‘Central African Republic: First-Ever SCC Trial Ensures Alleged War Criminals Face Justice’ (Amnesty International, 19 April 2022) <https://www.amnesty.org/en/latest/news/2022/04/first-car-scc-trial-alle…; last accessed 28 November 2023.]
B. Concerns with the Prohibition and Prevention of Torture and Other Ill-Treatment or Punishment in Africa
Committee against Torture
On 1st November 2023, the United Nations Committee against Torture experts at the third periodic review of Burundi raised concerns about the acts of torture “committed by Burundian police force and security forces, and the role of the Imbonerakure”, a militia group.[ United Nations Human Rights, Office of the High Commissioner, ‘UN Committee against torture to review Burundi, Costa Rica, Kiribati, Denmark, Egypt and Slovenia’ (Media Advisories – 27 October 2023) <https://www.ohchr.org/en/media-advisories/2023/10/un-committee-against-…; last accessed 9 December 2023. ] S. Touze, the Country Co-Rapporteur, “suggested that torture was widespread within the Burundian police and security forces, in particular within the National Intelligence Service.”[ United Nations Human Rights, Office of the High Commissioner, ‘UN Committee against torture to review Burundi, Costa Rica, Kiribati, Denmark, Egypt and Slovenia’ (Media Advisories – 27 October 2023) <https://www.ohchr.org/en/media-advisories/2023/10/un-committee-against-…; last accessed 9 December 2023. ]
[ United Nations Human Rights, Office of the High Commissioner, ‘UN Committee against torture to review Burundi, Costa Rica, Kiribati, Denmark, Egypt and Slovenia’ (Media Advisories - 27 October 2023) <https://www.ohchr.org/en/media-advisories/2023/10/un-committee-against-…; last accessed 9 December 2023. ]
In the UN Committee against Torture’s seventy-eighth session (concluded on 24th November 2023), the committee expressed deep concern about the many credible allegations of serious human rights violations in Burundi.[ United Nations Human Rights, Office of the High Commissioner, ‘Committee against Torture Concludes Seventy-Eighth Session after Adopting Concluding Observations on Reports of Burundi, Costa Rica, Denmark, Egypt, Kiribati and Slovenia’ (News – 24 November 2023) <https://www.ohchr.org/en/news/2023/11/committee-against-torture-conclud…; last accessed 12 February 2024.] This included reports on “extrajudicial executions and acts of torture and ill-treatment involving, among others, members of the security forces, the armed forces, the National Intelligence Service and the Imbonerakure”[ United Nations Human Rights, Office of the High Commissioner, ‘Committee against Torture Concludes Seventy-Eighth Session after Adopting Concluding Observations on Reports of Burundi, Costa Rica, Denmark, Egypt, Kiribati and Slovenia’ (News – 24 November 2023) <https://www.ohchr.org/en/news/2023/11/committee-against-torture-conclud…; accessed 12th February 2024.] as well as allegations that “human rights defenders continued to be regularly subjected to intimidation, threats, harassment, physical assault, arbitrary arrest and detention, prosecution, torture and ill-treatment enforced disappearance and extrajudicial execution at the hands of state agents.”[ United Nations Human Rights, Office of the High Commissioner, ‘Committee against Torture Concludes Seventy-Eighth Session after Adopting Concluding Observations on Reports of Burundi, Costa Rica, Denmark, Egypt, Kiribati and Slovenia’ (News – 24 November 2023) <https://www.ohchr.org/en/news/2023/11/committee-against-torture-conclud…; accessed 12th February 2024.]
In the United Nations Committee against Torture’s seventy-eighth session (concluded on 24th November 2023),[ United Nations Human Rights, Office of the High Commissioner, ‘Committee against Torture Concludes Seventy-Eighth Session after Adopting Concluding Observations on Reports of Burundi, Costa Rica, Denmark, Egypt, Kiribati and Slovenia’ (News – 24 November 2023) <https://www.ohchr.org/en/news/2023/11/committee-against-torture-conclud…; last accessed 12 February 2024.] the committee expressed concern that “counter-terrorism laws contained a definition of terrorism that was vague, overly broad and reportedly used to silence actual or perceived critics of the government.”[ United Nations Human Rights, Office of the High Commissioner, ‘Committee against Torture Concludes Seventy-Eighth Session after Adopting Concluding Observations on Reports of Burundi, Costa Rica, Denmark, Egypt, Kiribati and Slovenia’ (News – 24 November 2023) <https://www.ohchr.org/en/news/2023/11/committee-against-torture-conclud…; last accessed 12 February 2024.] The Committee recommended that Egypt amend its definition of terrorism in its counter-terrorism laws to “ensure it was in line with the Convention and international standards.”[ United Nations Human Rights, Office of the High Commissioner, ‘Committee against Torture Concludes Seventy-Eighth Session after Adopting Concluding Observations on Reports of Burundi, Costa Rica, Denmark, Egypt, Kiribati and Slovenia’ (News – 24 November 2023) <https://www.ohchr.org/en/news/2023/11/committee-against-torture-conclud…; accessed 12th February 2024.]
The Committee Against Torture’s fifth periodic report of Egypt raised questions concerning the death penalty and potential contravention of the Convention Against Torture.[ United Nations Human Rights, Office of the High Commissioner, ‘Committee against torture considers reports on Follow-Up to Concluding Observations, Individual Communications and Reprisals’ (News – 20 November 2023) <https://www.ohchr.org/en/news/2023/11/committee-against-torture-conside…; last accessed 9 December 2023.] The committee expressed deep concern about the “lack of accountability for alleged systematic use of torture and ill-treatment by police officers, prison guards and other members of the security forces.”[ United Nations Human Rights, Office of the High Commissioner, ‘Committee against Torture Concludes Seventy-Eighth Session after Adopting Concluding Observations on Reports of Burundi, Costa Rica, Denmark, Egypt, Kiribati and Slovenia’ (News – 24 November 2023) <https://www.ohchr.org/en/news/2023/11/committee-against-torture-conclud…; last accessed 12 February 2024.]
The Committee against Torture concluded in their seventy-eight report recommendations for Egypt to as ensure that allegations of torture were “prosecuted and duly punished.”[ United Nations Human Rights, Office of the High Commissioner, ‘Committee against Torture Concludes Seventy-Eighth Session after Adopting Concluding Observations on Reports of Burundi, Costa Rica, Denmark, Egypt, Kiribati and Slovenia’ (News – 24 November 2023) <https://www.ohchr.org/en/news/2023/11/committee-against-torture-conclud…; last accessed 12 February 2024.]
Follow-up reports: The United Nations Committee against Torture lacks follow-up reports required under Article 19 of the Convention from the following ten (10) African States: Benin, Republic of Congo, Djibouti, Gabon, Ghana, Guinea, Madagascar, Mozambique, Rwanda and Zambia.[ United Nations Human Rights, Office of the High Commissioner, ‘Committee against Torture Considers Reports on Follow-Up to Concluding Observations, Individual Communications and Reprisals’ (News – 29 November 2023) <https://www.ohchr.org/en/news/2023/11/committee-against-torture-conside… > last accessed 9 December 2023.]
Reviews: The United Nations Committee against Torture announced plans to review Burundi (from 31st October to 1st November 2023) as part of their ongoing process to monitor States parties’ adherence to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.[ United Nations Human Rights, Office of the High Commissioner, ‘UN Committee against torture to review Burundi, Costa Rica, Kiribati, Denmark, Egypt and Slovenia’ (Media Advisories – 27 October 2023) <https://www.ohchr.org/en/media-advisories/2023/10/un-committee-against-…; last accessed 9 December 2023. ]
Security measures, terrorism and torture
The African Commission on Human and Peoples’ Rights (ACHPR) has expressed ‘deep shock’ in a press release (6th December 2023) regarding the death of 85 innocent people in Northern Kaduna, Nigeria. This was the result of a military operation on 5th December 2023, targeting terrorist groups. The ACHPR stressed that Nigeria is a party to the African Charter on Human and Peoples’ Rights and must respect Article 4 protecting the right to life. Nigeria is expected to take legal and other measures to prevent future civilians from becoming victims of another counter-terrorist operations.[ Ayele Dersso, ‘The African Commission expresses deep shock about the death of more than 80 civilians in Northern Kaduna, Nigeria from a drone strike’ (ACHPR, 09 December 2023) <https://achpr.au.int/en/news/press-releases/2023-12-09/african-commissi…; last accessed 27 January 2024.]
In a report drafted between 6th to 17th November 2023, the Universal Periodic Review of the United Nations Human Rights Council has re-examined human rights violations in Burkina Faso. The report noted that efforts are being made to ‘promote human rights during counter-terrorism operations’ of military units in the country, with the help of legal advisers and military police.[ United Nations Human Rights Council, ‘Universal Periodic Review- Burkina Faso’ (United Nations, 6 November 2023) <https://www.ohchr.org/en/hr-bodies/upr/bf-index> last accessed 11 February.] Allegations of systematic human rights abuses relating to counter-terrorism operations are major issues in Burkina Faso, with some cases making it to the courts, and others still being investigated.[ United Nations Human Rights Council, ‘Universal Periodic Review- Burkina Faso’ (United Nations, 6 November 2023) <https://www.ohchr.org/en/hr-bodies/upr/bf-index>accessed 11 February.]
On 31st October 2023, The UN Special Rapporteur sent a letter to Mali relating to their legislation against terrorism. It recommended that the law should be amended so that it is compatible with international norms relating to human rights, most notably, the right to a fair trial, the right to a private and family life and the right to physical and mental integrity.[ UN, Mali – MLN 1/2023, 31 October 2023, https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicati… last accessed 11 December 2023. ]
Extra-judicial killings, arbitrary executions, the death penalty and enforced disappearances
United Nations Human Rights spokesperson, Liz Throssel, deplored the killing of political activist Tapfumeyi Massaya in Zimbabwe.[ United Nations Human Rights, Office of the High Commissioner, ‘Zimbabwe: Killing of opposition activist’ (Statements – 17 November 2023) <https://www.ohchr.org/en/statements/2023/11/zimbabwe-killing-opposition…; accessed 9th December 2023. ] Massaya, along with Jeffrey Kalosi - activists for the CCC (Citizens’ Coalition for Change) - who were kidnapped on 11th November 2023 and reportedly tortured.[ United Nations Human Rights, Office of the High Commissioner, ‘Zimbabwe: Killing of opposition activist’ (Statements – 17 November 2023) <https://www.ohchr.org/en/statements/2023/11/zimbabwe-killing-opposition…; last accessed 9 December 2023. ] Massaya’s body was found two days later and Kalosi was released. This was in the context of “months of several
opposition activists being kidnapped and tortured,”[ United Nations Human Rights, Office of the High Commissioner, ‘Zimbabwe: Killing of opposition activist’ (Statements – 17 November 2023) <https://www.ohchr.org/en/statements/2023/11/zimbabwe-killing-opposition…; last accessed 9 December 2023. ] with general elections in August 2023 and the Parliamentary Bi-Elections in December 2023.
In November 2023, Amnesty International, Southern Defenders, and Human Rights Watch called for the Zimbabwean authorities to address the escalation of abductions, arbitrary detention, torture and the killing of political activists..[ Human Rights Watch, Zimbabwe: Joint statement calling on authorities to investigate the escalation of abductions, torture and killing of political activists, November 15 2023, https://www.hrw.org/news/2023/11/15/zimbabwe-joint-statement-calling-au… last accessed 20 November 2023.] Amnesty International, Southern Defenders and Human Rights Watch call for an investigation into the abduction and killing of Tapfumane Masaya and other cases of abduction, arbitrary detention, enforced disappearances, torture and ill-treatment of activists and political party members.[ Human Rights Watch, Zimbabwe Opposition Parliament Member Allegedly Abducted, Tortured, 3 November 2023, https://www.hrw.org/news/2023/11/03/zimbabwe-opposition-parliament-memb… last accessed 17 November. ]
Concerning Burundi, in the 78th session held from 20th October to 24th November 2023, the Committee Chairperson expressed deep concern about reports of extrajudicial executions and acts of torture and ill-treatment involving, among others, members of the security forces, the armed forces, the National Intelligence Service and the Imbonerakure.[ United Nations Subcommittee for the Prevention of Torture, Committee Against Torture Concludes Seventy-Eight Session after Adopting Concluding Observations on Reports of Burundi, Costa Rica, Denmark, Egypt, Kiribati and Slovenia, 24 November 2023,<https://www.ohchr.org/en/news/2023/11/committee-against-torture-conclud… accessed 10 December 2023.] The UN Special Rapporteur on Burundi in his August 2023 report indicates that he is concerned that information from the CNIDH over the human rights situation tends to ‘gloss over politically sensitive issues’ which included ‘enforced disappearances and arbitrary arrests, and cases of torture inflicted by National Intelligence Service agents on political opponents, media professional, or members of civil society organizations.’[ United Nations 54th regular session of the Human Rights Council, Report of the Special Rapporteur on the situation of human rights in Burundi, Fortuné Gaetan Zongo,(A/HRC/54/56), 11 August 2023, https://www.ohchr.org/en/hr-bodies/hrc/regular-sessions/session54/list-… last accessed 20 November 2023. ]
Dozens of the member states of the United Nations “called for Nigeria’s immediate moratorium on the death penalty and for its eventual abolition” at the United Nations Human Rights Council’s Universal Periodic Review process.[ Human Rights Watch, Nigeria Should Act on UN Review’s Rights Concerns, https://www.hrw.org/news/2024/01/26/nigeria-should-act-un-reviews-right… last accessed 2 February 2024. ]
In the run-up to the Presidential election in Comoros on 14th January 2024, there had been reports of "weeks of curtailed civic and democratic space, with reports of arbitrary detention and alleged enforced disappearances of detainees."[ United Nations, ’Comoros: UN Human Rights Chief calls for calm and urges the authorities to protect free assembly, uphold democratic principles’ (17th January 2024) < https://www.ohchr.org/en/press-releases/2024/01/comoros-un-human-rights… > last accessed 24th January 2024.]
UN human rights expert on Sudan has called for urgent action on the human rights situation affected by the continued conflict in Sudan.[. ] UN human rights experts on Sudan highlighted their concerns surrounding reports of "enforced disappearance and multiple cases of arbitrary detention by both parties in the conflict."[ United Nations, ’UN human rights expert on Sudan calls for urgent action on dismal human rights situation as conflict enters 10th month’ (17th January 2024), < https://www.ohchr.org/en/press-releases/2024/01/un-human-rights-expert-… > last accessed 24th January 2024.
]
In Mali, during the conflict, there was evidence that civilians had been arrested, tortured and killed by Islamist armed groups since April 2023.[ Human Rights Watch, Mali: Islamist Armed Groups, Army Target civilians, 1 November 2023, https://www.hrw.org/news/2023/11/01/mali-islamist-armed-groups-army-tar… last accessed 17 November 2023. ] According to Human Rights Watch: on the 22nd April 2023, 19 people were killed in Trabakoro.[Human Rights Watch, Mali: Islamist Armed Groups, Army Target civilians, 1 November 2023, https://www.hrw.org/news/2023/11/01/mali-islamist-armed-groups-army-tar… last accessed 17 November 2023.] On 6th August 2023, 17 people were killed in Sambani.[ Human Rights Watch, Mali: Islamist Armed Groups, Army Target civilians, 1 November 2023, https://www.hrw.org/news/2023/11/01/mali-islamist-armed-groups-army-tar… last accessed 17 November 2023.] On 16th August 2023, 15 men were killed in Bodio.[ Human Rights Watch, Mali: Islamist Armed Groups, Army Target civilians, 1 November 2023, https://www.hrw.org/news/2023/11/01/mali-islamist-armed-groups-army-tar… last accessed 17 November 2023.] Lastly, on 7th September 2023, 49 civilians were killed in a boat attack in the Gao Region.[ Human Rights Watch, Mali: Islamist Armed Groups, Army Target civilians, 1 November 2023, https://www.hrw.org/news/2023/11/01/mali-islamist-armed-groups-army-tar… last accessed 17 November 2023.]
Torture during deprivation of liberty and poor conditions of detention
In the case of Yassin Rashid Maige v. United Republic of Tanzania, decided in September 2023, the African Court requested that Tanzania remove corporal punishment from its laws to comply with Article 5 of the Charter.[ African Court on Human and People’s Rights, Yassin Rashid Maige v United Republic of Tanzania (Application No. 018/2017), 5 September 2023, para 173, https://www.african-court.org/cpmt/storage/app/uploads/public/64f/e0e/7… (last accessed 20 November 2023).]
In 2023, Human Rights Watch reported the torture of Salah Solton, the 63-year-old father of a prominent US human rights defender, who was deprived of adequate health care by the Egyptian authorities, despite suffering from life-threatening heart and liver diseases.[ Human Rights Watch, Human Rights Watch Submission to the Committee Against Torture (CAT) in Advance of Its Review of the State of Egypt, 78th session, October 30 – 24 November, 7
<Human Rights Watch Submission to the Committee Against Torture Review of Egypt.pdf (hrw.org)>last accessed 20th November 2023.
]
Human Rights Watch has called for Rwandan authorities to release journalist Dieudonné Niyonsenga from detention. According to Human Rights Watch, no investigation has been made into the torture allegations submitted by Niyonsenga in front of a Kigali court on 10th January 2024.[ Human Rights Watch, Rwanda: End Abuses Against Journalists. No Justice for Suspicious Death; Detainee Denounces Torture in Court, January 18 2024, https://www.hrw.org/news/2024/01/18/rwanda-end-abuses-against-journalis… last accessed 2 February 2024.]
In February 2024, Amnesty International called for authorities in Madagascar to repeal the legalisation of chemical and surgical castration as punishment for rape against minors on the grounds that it is inconsistent with Malagasy constitutional provisions against torture and other ill-treatment.[ Amnesty International, Madagascar: Authorities must repeal the legalization of chemical and surgical castration of rapists, February 8 2024, https://www.amnesty.org/en/latest/news/2024/02/madagascar-authorities-m… (last acessed 12 February 2024).]
Torture and excessive use of force against protestors
On 16th October 2023, three journalists were killed at a ‘peaceful rally’ by security services in Guinea, for which no one has yet been held responsible.[ Amnesty International, ‘Guinea: Unnecessary use of force against peaceful rally must not go unpunished’ (Amnesty International, 27 October 2023) https://www.amnesty.org/en/latest/news/2023/10/guinea-unnecessary-use-o… last accessed 8 December 2023.
]
In October 2023, Human Rights Watch addressed its concerns about the police response to political protests in Mozambique.[ Human Rights Watch ‘Mozambique: Police Fire on Protestors’ (Human Rights Watch.Org, 28 October 2023) https://www.hrw.org/news/2023/10/28/mozambique-police-fire-protesters#:…–%20Mozambican%20security%20forces,Human%20Rights%20Watch%20said%20todayaccessed 17 November 2023.
] The concerns stem from the fact that this was considered a peaceful protest, but security forces used ammunition on protestors which resulted in casualties.[ Human Rights Watch ‘Mozambique: Police Fire on Protestors’ (Human Rights Watch.Org, 28 October 2023) https://www.hrw.org/news/2023/10/28/mozambique-police-fire-protesters#:…–%20Mozambican%20security%20forces,Human%20Rights%20Watch%20said%20today last accessed 17 November 2023.
]
On 23rd November 2023, Amnesty International urged Mozambique to investigate the response towards protestors in October, stating that the actions of the authorities were a “clear violation of international human rights obligations.”[ Amnesty International, ‘Mozambique: Authorities must investigate lethal use of force against lethal use of force of protestors’ (Amnesty International, 23 November 2023) https://www.amnesty.org/en/latest/news/2023/11/mozambique-local-electio… last accessed 9 December 2023.
]
On 26th January 2024, Nigeria was urged to act on new recommendations by the UN at the universal periodic review.[ Anietie Ewang, ‘Nigeria should act on UN Review’s Rights concerns’ Human Rights Watch (26 January 2024) <https://www.hrw.org/news/2024/01/26/nigeria-should-act-un-reviews-right…; last accessed 28 January 2024.] Human Rights Watch has documented that other state members of the UN, such as the United States, have called for Nigeria to set up a body to investigate abuse of protestors by the police that occurred in 2020.[ Anietie Ewang, ‘Nigeria should act on UN Review’s Rights concerns’ Human Rights Watch (26 January 2024) <https://www.hrw.org/news/2024/01/26/nigeria-should-act-un-reviews-right…; last accessed 28 January 2024.
]
In Comoros, it was reported that hundreds of demonstrators who were protesting in the capital of Moroni, following the Presidential election on Sunday 14th January 2024, had tear gas used on them.[ United Nations, ’Comoros: UN Human Rights Chief calls for calm and urges the authorities to protect free assembly, uphold democratic principles’ (17th January 2024) < https://www.ohchr.org/en/press-releases/2024/01/comoros-un-human-rights… > last accessed 24th January 2024. ]
In Guinea, 13 journalists were arbitrarily arrested on 16th October 2023, for partaking in a peaceful protest. Amnesty International has called Guinea to drop the charges against them.[ ‘Guinea: Amnesty International Calls for Charges to Be Dropped against 13 Journalists Who Took Part in a Peaceful Rally’ (Amnesty International, 19 October 2023) <https://www.amnesty.org/en/latest/news/2023/10/guinee-les-charges-contr…; last accessed 28 November 2023.]
Migrants, Refugees, Internally Displaced Persons and Torture
The United Nations expressed its alarm at the situation occurring in Sudan in November 2023. The Rapid Support Forces (RSF) in Sudan and allied militias reportedly “looted property, tortured Internally Displaced Persons (IDPs) and executed many of them before leaving their bodies unburied in the streets”[ United Nations Human Rights, Office of the High Commissioner, ‘Sudan: Killings in Ardamata’ (Press Briefing – 17 November 2023) <https://www.ohchr.org/en/press-briefing-notes/2023/11/sudan-killings-ar…; last accessed 9 December 2023. ] in the two IDP camps, Ardamata and Dorti. These IDP camps were inhabited by a large percentage of Masalit civilians.[ United Nations Human Rights, Office of the High Commissioner, ‘Sudan: Killings in Ardamata’ (Press Briefing – 17 November 2023) <https://www.ohchr.org/en/press-briefing-notes/2023/11/sudan-killings-ar…; last accessed 9 December 2023. ] The United Nations Refugee Agency called for an immediate end to fighting[ United Nations, ‘Sudan: UNHCR warns Darfur atrocities of 20 years ago may reoccur’ (UN News, Global Perspective Human Stories – 10 November 2023) <https://news.un.org/en/story/2023/11/1143447> last accessed 9 December 2023.] and the United Nations stated that it will “never stay neutral”[ United Nations, ‘Sudan: UNHCR warns Darfur atrocities of 20 years ago may reoccur’ (UN News, Global Perspective Human Stories – 10 November 2023) <https://news.un.org/en/story/2023/11/1143447> accessed 9th December 2023.] amid war and human rights abuses as “both sides are arbitrarily arresting, detaining, and even torturing civilians and there are reports of extrajudicial killings.”[ United Nations, ‘Sudan: UNHCR warns Darfur atrocities of 20 years ago may reoccur’ (UN News, Global Perspective Human Stories – 10 November 2023) <https://news.un.org/en/story/2023/11/1143447> last accessed 9 December 2023. ]
United Nations experts’ press release on 2nd February 2024 expresses that 25 million people are in dire humanitarian need in Sudan since fighting broke out between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF).[ United Nations Human Rights, Office of the High Commissioner, ‘Sudan: 25 million people in dire humanitarian need, say UN experts’ (Press Release – 5 February 2024) <https://www.ohchr.org/en/press-releases/2024/02/sudan-25-million-people…; accessed 12 February 2024.] They received many reports on “arbitrary detention, abduction, torture, acts tantamount to enforced disappearance and forced recruitment of youth and trafficking of children for purposes of recruitment, and abuses against IDPs and refugees in Sudan”.[ United Nations Human Rights, Office of the High Commissioner, ‘Sudan: 25 million people in dire humanitarian need, say UN experts’ (Press Release – 5 February 2024) <https://www.ohchr.org/en/press-releases/2024/02/sudan-25-million-people…; accessed 12 February 2024.]
Crimes against persons with albinism
According to the United Nations Human Rights Office of the High Commission, albinism may be described as a rare, non-contagious, genetically inherited condition which results in a lack of melanin pigment in the hair, skin and eyes.[ ‘Independent Expert on the Rights of Persons with Albinism | Ohchr’ (Independent Expert on the rights of persons with albinism) <https://www.ohchr.org/en/special-procedures/ie-albinism> last accessed 28 November 2023.]
The Mandate of Independent Experts on the enjoyment of human rights by persons with albinism is a resolution adopted by the Human Rights Council on 23rd March 2021. It principally calls on people with albinism to be given their basic human rights. The Mandate states: “Reaffirming that everyone has the right to life, liberty and security of person and that no one shall be subjected to torture and other cruel, inhuman or degrading treatment or punishment.”[ ‘Independent Expert on the Rights of Persons with Albinism | Ohchr’ (Independent Expert on the rights of persons with albinism, 23 March 2021) <https://www.ohchr.org/en/special-procedures/ie-albinism> last accessed 28 November 2023.]
On 30th November 2022, a three-year-old girl with albinism was stabbed and killed by an unidentified man who chopped off her left arm and took it away while she was sleeping in her grandmother’s house in Malawi.[ Chikwanda V, ‘Malawi: Killing of a Girl with Albinism Shows Community Urgently Needs Better Protection’ (Amnesty International, 2 December 2022) <https://www.amnesty.org/en/latest/news/2022/12/malawi-killing-of-a-girl…; last accessed 28 November 2023.]
Amnesty International reports that persons with albinism are actively killed for their body parts across several Southern African countries. Approximately 151 people with albinism have been killed in countries including Malawi, Mozambique, Tanzania, and Zambia since 2014 for their body parts.[ ‘Southern Africa: Persons with Albinism Especially Vulnerable in the Face of Covid_19’ (Amnesty International, 12 August 2021) <https://www.amnesty.org/en/latest/news/2020/06/southern-africa-persons-…; last accessed 28 November 2023.]
Gender and torture
UN experts expressed concern over the increase in the use of sexual violence, particularly against women, in the conflict in Sudan, especially by the Rapid Support Forces. The violence is reported to have begun in April 2023 and has escalated since. It is being used as a tool of war against women. These practices have spread from Khartoum and Darfur to other parts of the country, such as Kordofan. There are also growing concerns over the lack of reporting from victims of these attacks.[ UN, Sudan: UN experts appalled by use of sexual violence as a tool of war, 30 November 2023, https://www.ohchr.org/en/press-releases/2023/11/sudan-un-experts-appall… (last accessed 11 December 2023) ]
There is growing concern regarding new mass ethnic killings and pillage in Darfur. Human Rights Watch is calling on the UN Security Council to act to protect civilians and to take action to hold RSF (Rapid Support Forces) commanders accountable in Sudan. There are also reports of women and girls being subjected to sexual violence in camps. Human Rights Watch has identified 78 victims of sexual violence by the Rapid Support Forces and allied militia in El Geneina between April and June.[ Human Rights Watch, Sudan: New Mass Ethnic Killings, Pillage in Dafur, https://www.hrw.org/news/2023/11/27/sudan-new-mass-ethnic-killings-pill… (last accessed 11 December 2023) ]
In the report of the Special Rapporteur on the Rights of Women in Africa, presented during the 77th Ordinary Session of the African Commission on Human and People’s Rights (20th October to 9th November 2023), the Maputo Protocol of 2003[ The Maputo protocol guarantees extensive rights to African women and girls and includes progressive provisions on harmful traditional practices e.g. child marriage and female genital mutilation (FGM), reproductive health rights, roles in political processes, economic empowerment and ending violence against women.] was celebrated for turning 20 years old. Attention was raised to the treatment of women during the ongoing election in Zimbabwe, as the Special Rapporteur was worried that attacks could be carried out against women.[ Janet Ramatoulie Sallah-Njie, ‘Special Rapporteur on the Rights of Women in Africa- 77th Ordinary Session’ (ACHPR, 22 October 2023) https://achpr.au.int/en/intersession-activity-reports/special-rapporteu… last accessed 16 November 2023.]
In August 2023, African and international human rights NGOs, including FIACAT and ACAT Burundi, asked the UN Human Rights Council to extend the Special Rapporteur’s Mandate in Burundi,[ ‘Burundi: Extend the Special Rapporteur’s Mandate and Ensuring Adequate Funding for his Work’ (FIACAT, 29 August 2023) https://www.fiacat.org/en/media-press/press-releases/3169-burund-extend… lasr accessed 16 November 2023.] a request first established a year before,[ ‘Burundi: Extend the Special Rapporteur’s Mandate’ (FIACAT, 22 August 2022) https://www.fiacat.org/en/media-press/press-releases/3064-burundi-exten… last accessed 16 November 2023.] as there was a concern for ongoing human rights violations, like ‘acts of torture and other cruel inhuman or degrading treatment’ and ‘sexual and gender-based violence’.[ ‘Burundi: Extend the Special Rapporteur’s Mandate’ (FIACAT, 22 August 2022) https://www.fiacat.org/en/media-press/press-releases/3064-burundi-exten… last accessed 16 November 2023.]
According to Amnesty International's report in May 2023, about 58 cases were reported of women and girls suffering sexual violence from Malian army personnel.[ ‘Mali: The Perpetrators of the Moura Massacre Must Be Prosecuted and Tried by a Competent Court’ (Amnesty International, 17 May 2023) <https://www.amnesty.org/en/latest/news/2023/05/mali-les-auteurs-des-tue…; last accessed 28 November 2023.]
FIACAT has also stressed the issue of gender discrimination surrounding the imposition of the death penalty in Africa. Women are often sentenced for crimes that “reflect the discrimination they experience in society”, like the imposition of capital punishment on women on the grounds of “crimes against sexual morality”.[ Supporting the Sustainable Development Goals (SDGs): FIACAT’s Action to Promote the Implementation of Sustainable Goals’ (FIACAT) https://www.fiacat.org/en/our-actions/supporting-the-sustainable-develo… accessed 16 November 2023.]
In Libya, during the 16 days of activism against gender-based violence from 25th November to 10th December 2023, the International Commission of Jurists (ICJ) called for an immediate end to gender-based violence against women human rights defenders (HRDs), after authorities in West and East Libya have consistently attacked prominent women HRDs and let non-state actors threaten, assault, and kill them with impunity. It was founded on the UN’s Independent Fact-Finding Mission in Libya in June 2022, which revealed the Eastern International Security Agency’s interrogation and online threats of sexual violence against female HRDs.[ International Commission of Jurists, Libya: Marking 16 Days of Activism against Gender-Based Violence, the ICJ calls for an end to violence against women human rights defenders, 11 December 2023<Libya: Marking 16 Days of Activism against Gender-Based Violence, the ICJ calls for an end to violence against women human rights defenders | International Commission of Jurists>(last accessed 28 January 2024)]
The review (United Nations Human Rights, Office of the High Commission) expressed concerns about torture, sexual abuse, arbitrary arrests and more breaches of human rights incentives (with a particular focus on the disproportionate, negative effects on women). Burundi was advised that there should be better investigations into matters of torture and other human rights breaches and to hold individuals accountable for such crimes. Further, Burundi was advised to speed up the establishment of the NPM against torture, adopting appropriate legislation and strengthening the penal code to accompany it.[ United Nations General Assembly, Human Rights Council, Fifty-Fourth Session, ‘Agenda item 6 Report of the Working Group on the Universal Periodic Review – Burundi’ (REPORT - 11th October – 6 October 2023) <A/HRC/54/11 (undocs.org)> last accessed 9 December 2023. ] The committee against torture found that “Burundi recognised the importance of a national preventative mechanism. The absence of a mechanism could be explained by the laudable work of the National Independent Commission on Human Rights, which worked to prevent torture and other cruel or degrading treatment”.[ United Nations Human Rights, Office of the High Commissioner, ‘UN Committee against torture to review Burundi, Costa Rica, Kiribati, Denmark, Egypt and Slovenia’ (Media Advisories – 27 October 2023) <https://www.ohchr.org/en/media-advisories/2023/10/un-committee-against-…; last accessed 9 December 2023. ]
C. 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 take steps to improve conditions of detention in accordance with the Guidelines on the Condition of Arrest, Police Custody and Pre-Trial Detention in Africa (the Luanda Guidelines).
VII.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.
VIII.States should establish mechanisms empowered to receive complaints of torture and other ill-treatment.
IX.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.
X.States should ensure that security personnel do not use excessive force against civilians and that they respond to protests in accordance with the Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa.
XI.States should respect and protect the rights of persons or groups at heightened risk to acts of torture and other ill-treatment.
XII.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.
XIII.All parties to conflicts should respect international humanitarian law set out in the Geneva Conventions, in their treatment of civilians and civilian property.
XIV.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.
XV.Anyone with information regarding allegations of torture and other ill-treatment should bring the allegations to the attention of the CPTA.
