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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