A/HRC/28/68/Add.4 IV. Conclusions and recommendations A. Conclusions 97. After decades of repression, intimidation and fear, human rights activism is a weak concept in the Gambia and there are no robust institutions or effective legal mechanisms to counter the broad powers of the law enforcement, intelligence and security forces, which operate without any legal oversight and engage in practices that violate human rights with impunity. 98. The practice of torture is prevalent and routine, in particular by the National Intelligence Agency during the initial stages of detention. The Government has not fulfilled its obligation to investigate, prosecute and punish every incident of torture and ill-treatment or its obligation to prevent such occurrences. 99. Avoiding arrest is a necessary preoccupation for Gambian citizens 32 since the lack of an effective criminal justice system is at the core of many human rights violations. There is no comprehensive and well-resourced legal aid programme; “voluntary” statements are relied on that in fact are coerced; pretrial detention is prolonged owing to inadequate police investigations and the denial of bail; sentencing policies result in excessively lengthy custodial sentences; alternatives to imprisonment are not implemented; and the judiciary lacks the independence to uphold procedural safeguards that are required by international law. 100. The lack of accountability is also the result of the absence of even a very basic level of forensic services, which means that medical examinations, if carried out at all, are not conducted by independent forensic specialists but by poorly trained medical personnel. 101. International human rights standards are not met in the prison system, resulting in a number of serious violations: overcrowding, inadequate nutrition, insufficient access to medical care, poor sanitation, personal insecurity and an absence of rehabilitation services. These substandard conditions constitute cruel, inhuman and degrading treatment or punishment. 102. The Special Rapporteur tried to verify the facts in a number of cases of forced disappearance. Not knowing the fate of a loved one amounts to cruel and inhuman treatment of the relatives. 103. Intimidation and coercion, as described in article 1 of the Convention against Torture, including serious and credible threats, as well as death threats, to the physical integrity of the victim or a third person amounts to cruel, inhuman or degrading treatment or torture. 104. B. Female genital mutilation constitutes cruel, inhuman and degrading treatment. Recommendations 105. In a spirit of engagement, the Special Rapporteur recommends that the Government take decisive steps to implement the recommendations set out below, with appropriate assistance from the international community. 32 18 Mustapha Jallow, “Detention without trial and disappearance without trace”, Foroyaa Newspaper, 8 July 2014.