A/HRC/22/39 the need to further strengthen the capacity of the security forces in that connection remains. Excessive use of force during demonstrations continues, despite measures taken to put regulations in place and reduce the number of officers carrying lethal weapons while controlling public demonstrations. In addition to technical capacity, these shortcomings are also due to the inadequacy of logistical resources. For example, investigations into the incidents in Siguiri3 revealed that the departmental gendarmerie did not have the human or logistical resources to ensure the safety of a population of over 200,000. B. Unlawful and arbitrary arrests, torture and ill-treatment 18. Arbitrary arrests and detentions remain a major concern. At least 200 arrests by security forces were recorded during the demonstrations that punctuated 2012. The circumstances of some of the arrests, their scale and the indiscriminateness with which some were carried out amount to unlawful or arbitrary arrest. For example, the political rallies of 10 May and 27 August 2012 gave rise to at least 140 arrests and convictions. Some of those arrested stated that they had not taken part in the rallies, while others claimed to have been arrested in private homes. On 29 June 2012, following a general strike called by opposition leaders, 12 retailers were arrested and held in police custody by the Gueckédou gendarmerie for having shut their shops. They had to pay the equivalent of US$ 8 for their release and to have their shops unsealed. 19. In addition, OHCHR found that the practice of arbitrary arrest was on the rise for certain types of offences;4 people may be “remanded”, as it is called, following an extrajudicial arrest made without a warrant or charge by some senior member of the gendarmerie, and detained in police cells for upwards of five months. 20. Arbitrary arrests are often compounded by physical abuse, beatings and torture, which continue unabated and are sometimes inflicted in the course of arrest or during police custody. The main incidents recorded are beatings with rifle butts, clubs or batons and sexual violence, in police custody, including against minors. On 15 February, a person who had been arrested and held incommunicado at No. 2 platoon of the Hamdallaye gendarmerie in Conakry was found dead. Marks found on his body would indicate that he suffered beatings and torture. Other cases of ill-treatment at the gendarmeries in Hamdallaye and Kindia have been reported. 21. Impunity persists in cases of bodily harm despite Government efforts, as demonstrated by the low number of proceedings against alleged perpetrators of such acts. The reasons are legislative and institutional. For example, although Guinea is a party to the Convention against Torture, the Convention has yet to be incorporated into national law and a law criminalizing torture is still being drafted. Moreover, the lack of a torture prevention mechanism, combined with the drawn-out nature of judicial procedures, constitutes a barrier to the protection of victims. Establishing an independent national human rights institution and ratifying the Optional Protocol to the Convention against Torture would help ensure more effective protection. 3 4 GE.13-10258 People’s protest of 7 August in response to rising crime. The menacing crowd was eventually broken up by military personnel who came as backup from Kourémalé. Arms dealing, etc. 7

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