A/HRC/28/68/Add.4
beatings by fists or blunt instruments and in which the injuries showed treatment amounting
to torture (or consistent with allegations of torture).
32.
The methods of torture include very severe beatings with hard objects or electrical
wires; electrocution, including in the genital area; asphyxiation by placing a plastic bag
over the head and filling it with water; cigarette burns; tying up with ropes; and burning
with hot liquid. One victim recounted how he had had to dig his own grave and had been
made to believe he would be buried alive.11 Such torture was generally inflicted over a
period of days or even weeks, usually either at National Intelligence Agency headquarters
or in other unofficial places of detention.
Death penalty
33.
The Special Rapporteur has many concerns regarding the executions of nine persons
in 2012.12 Of particular relevance to his mandate is that one of the individuals was mentally
impaired and therefore executed in disregard of international law provisions prohibiting the
imposition or performance of the death penalty on a person with a mental or psychosocial
disability. The mandatory imposition of the death penalty, for any offence, is a clear
violation of international law.13
34.
In 2012, the President reinstated a conditional moratorium on the death penalty,
dependent on the rise or fall of the crime rate. The uncertainty that such a measure
presented to those on death row, and to their families, amounts to cruel, inhuman and
degrading treatment. Death-row and life-term prisoners are held in solitary confinement in
the security wing of Mile 2 Central Prison. They are held in small, overcrowded, dark and
poorly ventilated cells and denied educational or recreational activities, except for 10
minutes of exercise per day. As at March 2014, there were at least 43 people on death row
who were routinely denied visits by lawyers or family. 14
2.
Prisons service
35.
According to the Prisons Act, the overall responsibility for correctional facilities, the
implementation of judicial decisions and the treatment of prisoners lies with the Ministry of
the Interior.
36.
The Special Rapporteur was denied access to the security wing of Mile 2 Central
Prison and an inference has to be made that there was something to hide there. The security
wing holds “high-security” detainees, in addition to those detainees sentenced to death or to
life terms. High-level officials said that no one except a few government authorities had
access to the security wing. This isolation is explained by the serious nature of the crimes
that the detainees have reportedly committed. Some of those detained in the security wing
have judicial appeals pending and must be presumed innocent, while some are awaiting
trial and should be in the remand wing. In any event, this extreme isolation is an added
layer of cruelty for those serving a sentence.
11
12
13
14
8
Ibid.
See Gambia Human Rights Network, report submitted ahead of the universal periodic review of the
Gambia, 2014. Available from http://gainako.com/?p=4785.
Article 6, paragraph 1, of the International Covenant on Civil and Political Rights, and customary
law.
See Amnesty International, submission for the universal periodic review of the Gambia, p. 4.
Available from www.amnesty.org/en/documents/AFR27/004/2014/en/.
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