A/HRC/28/68/Add.4
Given that the Special Rapporteur was forced to suspend visits to places of detention, he
was unable to verify these reports.
69.
In accordance with articles 2 and 16 of the Convention against Torture, the
Government is obliged to prevent acts of torture and other cruel, inhuman or degrading
treatment or punishment.
70.
The only monitoring of prisons is conducted by the Visiting Committee (section 22
of the Prisons Act), which mainly comprises several government officials appointed by the
Ministry of the Interior. The Visiting Committee is mandated to visit the Mile 2 Central
Prison every three months and report on any substandard conditions. The Special
Rapporteur did not receive a report of this Committee. Only one non-governmental
organization has access to the prisons to provide educational and rehabilitative services. Its
access is limited to the general areas; the security wing and solitary confinement cells are
off-limits.
National institutions
71.
Ratification of the Optional Protocol to the Convention against Torture and other
Cruel, Inhuman or Degrading Treatment or Punishment and designation of a national
preventive mechanism under its article 17 is urgently needed as there is no truly
independent and effective monitoring of all places of detention. The Special Rapporteur
expresses his concern at the lack of oversight at Mile 2 Central Prison, in the light of
overcrowding in the remand wing and the inaccessibility of the security wing, as well as at
reports of unofficial places of detention, including at the National Intelligence Agency
headquarters.
72.
There is currently no national institution that could undertake monitoring. The
Office of the Ombudsman claims to have a wide mandate18 but its titular head has little
interest in such a role and claims there is a lack of resources to address issues of excessive
use of force, torture or ill-treatment. For a number of years, the Government has debated a
plan to establish a national human rights commission. For the 2010 universal periodic
review, the Gambia committed itself to developing a draft law to that effect which was
elaborated in 2013 but found not to be fully compliant with international standards. A
revised draft has still not been tabled at the National Assembly.
C.
Conditions of detention
Overcrowding
73.
Since the Special Rapporteur was forced to suspend visits to all places of detention,
he was unable to assess independently the conditions in any of the prisons or police
stations.
74.
While the Special Rapporteur was unable to observe directly the extent of
overcrowding, the Director of Prison Services admitted that it was indeed a problem and
provided statistics19 on the level of overcrowding. Overcrowding in Mile 2 Central Prison
was the most severe as it has an official capacity of 450 but contained a total of 817 inmates
(789 male and 28 female). In Jeshwang Prison (official capacity 150), there were 201 adult
inmates and 15 juveniles. In Janjangbureh Prison (official capacity 50), there were 88
inmates.
18
19
See A/HRC/WG.6/20/GMB/1, para. 129.
Statistics provided on 6 November 2014.
13
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