The Special Rapporteur on Prisons and Conditions of Detention in Africa: Achievements and possibilities

Human Rights Quarterly

Volumn 27, Issue 1, 2005, Pages 125-171

  Viljoen, Frans ^a  

^a UNIVERSITY OF PRETORIA   (South Africa)

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CRIME;

EID: 15744399627     PISSN: 02750392     EISSN: None     Source Type: Journal    
DOI: 10.1353/hrq.2005.0010     Document Type: Review

References (223)

1. For the purposes here, a detained person is regarded as someone deprived of his or her liberty by government institutions, and the term "detainee" includes a sentenced prisoner, a trial-awaiting prisoner, and a person under administrative detention or arbitrarily detained.
2. Although there are a number of procedures under the UN Charter that are also of potential relevance, such as the Special Rapporteurs on the Independence of Judges and Lawyers, on Extrajudicial, Summary or Arbitrary Executions, the various country-specific rapporteurs, and the Working Groups on Enforced or Involuntary Disappearances, the focus in this contribution falls on the two procedures considered to be most relevant.
3. International Covenant on Civil and Political Rights, adopted 16 Dec. 1966, G.A. Res. 2200 (XXI), U.N. GAOR, 21st Sess., Supp. No. 16, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171 (entered into force 23 Mar. 1976) [hereinafter ICCPR].
4. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted 10 Dec. 1984, G.A. Res. 39/46, U.N. GAOR, 39th Sess., Supp. No. 51, U.N. Doc. A/39/51 (1985) ( entered into force 26 June 1987), reprinted in 23 I.L.M. 1027 (1984), substantive changes noted in 24 I.L.M. 535 (1985) [hereinafter CAT].
5. Convention on the Rights of the Child, adopted 20 Nov. 1989, G.A. Res. 44/25, U.N. GAOR, 44th Sess., Supp. No. 49, U.N. Doc. A/44/49 (1989) (entered into force 2 Sept. 1990), reprinted in 28 I.L.M. 1448 (1989) [hereinafter CRC]. Each of these treaties has a monitoring body, the Human Rights Committee (HRC), the CAT Committee, and the CRC Committee.
6. See, e.g., Achene Boulesbaa, The UN Convention on Torture and the Prospects for Enforcement (1999);
7. Nigel S. Rodley, The Treatment of Prisoners Under International Law (2d ed. 1999);
8. Chris Ingelse, The UN Committee Against Torture: An Assesment (2001). However, not much has been published about the Working Group on Arbitrary Detention. See infra Pt. VIII(A).
9. See Julia Harrington, The Special Rapporteurs of the African Commission on Human and Peoples' Rights, 2 Afr. Hum. Rts. L. J. 247 (2001);
10. Malcolm Evans & Rachel Murray, The Special Rapporteurs in the African System, in African Charter on Human and Peoples' Rights: The System in Practice, 1985-2000, at 280 (Malcolm D. Evans et al. eds., 2002).
11. See the African Commission's web site, available at www.achpr.org. See also PRI's web site, available at www.penalreform.org (information, including reports of visits).
12. European Convention for the Protection of Human Rights and Fundamental Freedoms, 4 Nov. 1950, 213 U.N.T.S. 221, Europ. T.S. No. 5 (entered into force 3 Sept. 1953) (as amended through Nov. 1998), available at www.echr.coe.int/convention/webconven ENG.pdf. The convention set up a committee that undertakes periodic and ad hoc visits to member states, see, e.g., Rodney Morgan & Malcolm Evans, Combating Torture in the Europe (2001).
13. See, e.g., the Inter-American Convention to Prevent and Punish Torture, adopted 9 Dec. 1985, OAS No. 67 (entered into force 28 Feb. 1987), available at www.cidh.org, which does not establish any implementation mechanism.
14. African Charter on Human and Peoples' Rights, adopted 26 June 1981, O.A.U. Doc. CAB/LAG/67/3/Rev.5 (entered into force 21 Oct. 1986, reprinted in 21 I.L.M. 58 (1982) [hereinafter African Charter].
15. On the African Commission generally, see Evelyn A. Ankumah, The African Commission on Human and Peoples' Rights: Practice and Procedure (1996).
16. See, e.g., Frans Viljoen, Overview of the African Regional Human Rights System, in Human Rights Law in Africa Vol. 3, at 128, 152-48 (1998).
17. See Tenth Annual Activity Report of the African Commission on Human and Peoples' Rights, 20th & 21st Ordinary Sess., Annex VII (Apr. 1997), available at www.achpr.org/english/_info/ index_activity_en.html [hereinafter Tenth Annual Activity Report).
18. For a comparative analysis of the three Rapporteurs, A. see Harrington, A. supra note 7;
19. African Commission on Human and Peoples' Rights, Final Communiqué 35th Sess., 18 (2004), available at www.achpr.org.
20. PRI, a nongovernmental organization (NGO) aiming to achieve penal reform, has over the years involved itself in achieving its aims around the world, including in Africa.
21. The African Commission: Guided by the African Charter on Human and Peoples' Rights and, in particular, Article 45 of the Charter which defines the mandate of the Commission, Considering that the rights established and guaranteed under the African Charter on Human and Peoples' Rights extend to all categories of persons including prisoners, detainees and other persons deprived of their liberty, .... : 1. RESOLVES THAT prison conditions in many African countries do not conform with the articles of the African Charter on Human and Peoples' Rights and to the international norms and standards for the protection of the human rights of prisoners including the International Covenant on Civil and Political Rights and the United Nations Standard Minimum Rules for the Treatment of Prisoners, among others; 2. URGES state parties of the African Charter on Human and Peoples' Rights to include in the reports submitted to the Commission under Article 62 of the Charter information on human rights affecting the human rights of prisoners; 3. CALLS UPON state parties to the African Charter on Human and Peoples' Rights to comply with Resolution 1984/877 of the United Nations Economic and Social Council to submit periodic reports to the Secretary-General of the United Nations in compliance with the Standard Minimum Rules for the Treatment of Prisoners. African Commission on Human and Peoples' Rights, Resolution on Prisons in Africa, adopted at the 17th Ordinary Sess. held from 13 to 22 Mar. 1995, Lomé, Togo (1995), available at www.achpr.org/english/_doc_target /documentation.html?../resolutions/resolution24_en.html.
22. In October 1995, in Praia, Cape Verde. See African Commission on Human and Peoples' Rights, Final Communiqué, 18th Sess. (1995), available at www.1.umn.edu/humanrts/africa/achprl8f.html.
23. See Ninth Annual Activity Report of the African Commission on Human and People's Rights, adopted 32d Ordinary Sess., Assembly of Heads of State and Government of the Organization of African Unity, Res. AHG/Res 250 (XXXII), 18 (1996), reprinted in Documents of the African Commission on Human and Peoples' Rights 424 (Rachel Murray & Malcolm Evans eds., 2001).
24. The six candidates were: Dirk van Zyl Smit (South Africa), Gita Welch (Mozambique), Adedokun Adeyemi (Nigeria), Paddington Garwe (Zimbabwe), Jean-François Basse (Senegal), and Joseph Etima (Uganda).
25. Forty seven states (forty African) were present. The conference was organized by PRI, in partnership with the African Commission, the Uganda Prison Administration, Foundation for Human Rights Initiatives, ICRC, International Prison Watch and local Ugandan NGOs, and was held 19-21 Sept. 1996.
26. International Cooperation for the Improvement of Prison Conditions E.S.C. Res. 1997/36, Annex, U.N. ESCOR, 36th Plen. Mtg., at 98, U.N. Doc. E/1997/97/Supp.1 (1997). See also Kampala Declaration on Prison Conditions in Africa, available at www. penalreform.org/english/ pana_declarationkampala.htm.
27. Tenth Annual Activity Report, supra note 14, 20.
28. See African Charter, supra note 11, art. 45. The first paragraph of the mandate states: "In accordance with its mandate under Article 45." Id.
29. African Charter, supra note 11, art. 46.
30. See Tenth Annual Activity Report, supra note 14, Annex VII (as an attachment to the SRP's first report to the Commission).
31. Id. at 20.
32. Methods of work: The Special Rapporteur shall: 3.1 examine the State of the prisons and conditions of detention in Africa and make recommendations with a view to improving them; 3.2 advocate adherence to the Charter and international human rights norms and standards concerning the rights and conditions of persons deprived of their liberty, examine the relevant national law and regulations in the respective States Parties as well as their implementation and make appropriate recommendations on their conformity with the Charter and with international law and standards; 3.3 at the request of the Commission, make recommendations to it as regards communications filed by individuals who have been deprived of their liberty, their families, representatives, by NGOs or other concerned persons or institutions; 3.4 propose appropriate urgent action. 4. The Special Rapporteur shall conduct studies into conditions or situations contributing to human rights violations of prisons deprived of their liberty and recommend preventive measures. The Special Rapporteur shall co-ordinate activities with other relevant Special Rapporteurs and Working Groups of the African Commission and United Nations. 5. The Special Rapporteur shall submit an annual report to the Commission. The report shall be published and widely disseminated in accordance with the relevant provisions of the Charter.
33. Duration of mandate: 6. This mandate will last for an initial period of two years which may be renewed by the Commission. 7. The Special Rapporteur shall seek and receive information from States Parties to the Charter, individuals, national and international organisations and institutions as well as other relevant bodies on cases or situations which fall within the scope of the mandate described above. 8. In order to discharge his mandate effectively the Special Rapporteur should be given all the necessary assistance and co-operation to carry out on-site visits and receive information from individuals who have been deprived of their liberty, their families or representatives, form [sic] governmental or non-governmental organisations and individuals. 9. The Special Rapporteur shall seek co-operation with State Parties and assurance from the latter that persons, organisations or institutions rendering co-operation or providing information to the special rapporteur shall not be prejudiced thereby. 10. Every effort will be made to place at the disposal ofthe Special Rapporteur resources to carry out his/her mandate.
34. See id. at 21, SRP Mandate 3.1-5.
35. See id. at 22, SRP Mandate 11.1-11.4.
36. See id. at 21-22, SRP Mandate 3.4, 11.2.
37. See id. at 21, SRP Mandate 3.3.
38. See id. at 21, SRP Mandate 11.3.
39. See id. at 21, SRP Mandate 3.2, 8.
40. The initial mandate attached to the Tenth Annual Activity Report set out a number of priorities, including "arbitrary or extra-legal detention or imprisonment." See id. at 22, SRP Mandate 11.1.
41. African Charter, supra note 11, art. 5.
42. Id. African Charter, supra note 11, art. 5.
43. Id. art. 7(1).
44. Id. art. 7(1)(b).
45. id. art. 6.
46. African Commission on Human and Peoples' Rights, Resolution on the Right to Recourse and Fair Trial, adopted 11th Sess. (1992).
47. See Fifth Annual Activity Report of the African Commission on Human and People's Rights, Annex V (1992).
48. African Commission on Human and Peoples' Rights, Resolution on Prisons in Africa, supra note 18.
49. African Commission on Human and Peoples' Rights, Resolution on Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Panishment in Africa, adopted at the 32d Sess., held Oct. 2002, Banjul, the Gambia (2002) [hereinafter Robben Island Guidelines]. See also Sixteenth Annual Activity Report of the African Commission on Human and People's Rights Annex VI (Oct. 2002) [hereinafter Sixteenth Annual Activity Report].
50. Robben Island Guidelines, supra note 45, at pt. II.
51. Id. 33.
52. Id. 2.
53. African Commission on Human and Peoples' Rights, Final Communiqué 34th Sess., 23 (2003) [hereinafter Final Communique 34th Sess.].
54. Robben Island Guidelines, supra note 45, 4.
55. Final Communiqué 34th Sess., supra note 49, 22.
56. African Charter on the Rights and Welfare of the Child, adopted 11 July 1990, O.A.U. Doc. CAB/LEG/24.9/49 (entered into force 29 Nov. 1999) [hereinafter African Children's Charter].
57. Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, adopted 11 July 2003, Assembly of the Union, 2d Sess., available at www1. umn.edu/humanrts/africa/ protocol-women2003.html [hereinafter Women's Protocol].
58. African Children's Charter, supra note 52, art. 17(2)(1).
59. Id. art. 17(2)(b).
60. Women's Protocol, supra note 53, art. 4(2)(j).
61. Id. art. 24(b).
62. Tenth Annual Activity Report, supra note 14.
63. PRI assisted the work of the SRP as part of the project "Prison conditions in Africa, establishment of the position of Special Rappporteur", which was funded by NORAD, the Norwegian Agency for Development. Interviews with PRI personnel, as well as internal PRI documentation (on file with the author).
64. Fourteenth Annual Activity Report of the African Commission on Human and People's Rights, 22 (2001-2002) [hereinafter Fourteenth Annual Activity Report].
65. See Eighth Annual Activity Report of the African Commission on Human and People's Rights, Annex VI, "The Facts" 1-2 (June 1995), describing Communication 64/92 regarding Krishna Achuthan (on behalf of Aleke Banda), and Communications 68/92 and 78/92 regarding Amnesty International (on behalf of Orton and Vera Chirwa) v. Malawi. Commissioner Chirwa was sentenced to death for treason in 1981, but her sentence had been commuted to life imprisonment.
66. Report of the Special Rapporteur on Prisons and Conditions of Detention to the 21st Session of the African Commission on Human and Peoples' Rights, Tenth Annual Activity Report, supra note 14, Annex VII.
67. PRI organized a second pan-African conference on penal reform in Africa, which took place in September 2002, in Ouagadougou, Burkina Faso. In preparation for this conference, a questionnaire was sent to the prison authorities in all African countries. In the questionnaire countries are asked a number of questions, including if they are prepared to accept a visit of the SRP. The following countries that have not been visited have given indications of a willingness to receive the SPR: Botswana, Côte d'lvoire, Tanzania, Senegal, Nigeria, Niger and Burkina Faso.
68. Tanzania, for example, has invited the SRP, but the visit has been postponed due to a number of factors, including elections and a lack of communication between the ministries responsible for foreign affairs and prison services. Another factor is that the initial request to visit did not specifically include Zanzibar, requiring a further request with specific reference to Zanzibar.
69. The UN Special Rapporteur on Torture has requested, so far without success, visits to nine countries. Three of these (Algeria, Egypt and Tunisia) are in North Africa. See UN Special Rapporteur on Torture, Country Visits, available at www.ohchr.org/english /issues/ torture/rapporteur/visits.htm.
70. The explanation provided (by PRI) is that the exceptional situation in Rwanda is a given. A visit is bound to have a very small impact as the authorities are in any event embarking on efforts to address the situation through efforts such as the gacaca system of justice.
71. This information is compiled from the Reports of these visits, or is based on information provided by the Secretariat to African Commission on Human and Peoples' Rights.
72. One of these countries, Algeria, is among those Commissioner Chirwa has mentioned as having invited the SRP. Initial efforts by Commissioner Rezzag-Bara, who at the time served as the Chair of the Observatoire Algerien des Droits de l'Homme, did not bear any fruit.
73. See, e.g., Namibia, with 1.6 million people in 1996; the Gambia with 1.2 million in 1997; and Central African Republic (CAR) with 3.2 million people in 1997. See US Central Intelligence Agency, Country Profiles, available at www.cia.gov/cia/publications/ factbook/docs/profileguide.html.
74. See, e.g., Uganda, with 20 million inhabitants in 1997; Mali, with 11 million in 1997; and Mozambique, with 15.7 million in 1997. See id
75. Nigeria had a population of approximately 134 million in 2003; Kenya, 32 million; Algeria, about 32 million; and South Africa, about 42 million. Egypt has about 75 million people. See id..
76. On the visit to the Gambia, for example, the SRP was accompanied by a legal officer from the Secretariat, the Public Relations officer who acted as interpreter, as well as an outside expert, Ms Uju Agomoh, the Executive Director of Prisoners Rehabilitation and Welfare Action (PRAWA), an NGO based in Lagos, Nigeria.
77. In Cameroon, for example, Commissioner Chirwa and the delegation passed by a prison not on the list of places to be visited. Her request for a visit was granted after the official in charge had conferred with the Director of Prisons.
78. In Uganda, for example, the SRP took the matter of the high number of remand prisoners up with the Chief Justice.
79. Both Commissioner Dankwa and Commissioner Chirwa made on-the-spot recommendations to officials in prison. To cite but one example: When the SRP visited Namibia, she learned that HIV positive prisoners were not allowed to work in the kitchen. She immediately advised the officials that discrimination against people suffering from HIV/ AIDS is not allowed.
80. The introductory paragraph of the comments by the Gambia provides an illustration of problems encountered in this regard: The Secretary of State for the Interior and religious Affairs wrote as follows: "I... acknowledge receipt of your report ... a few months back, and ... express my apology for the belated response which was due to unavoidable circumstances." See also African Commission on Human and Peoples' Rights, Prisons in the Gambia: Report of the Special Rapporteur on Prisons and Conditions of Detention in Africa, Series IV, No. 5 (2000), available at www.penalreform.org/download/rs/ gambia_english.pdf [hereinafter Gambia Report].
81. The five reports published with comments are as follows: African Commission on Human and Peoples' Rights, Prisons in Mozambique: Report of the Special Rapporteur on Prisons and Conditions of Detention in Africa, Series IV, No. 3 (1999), available at www.penalreform.org/download/rs/mozambique_english.pdf [hereinafter Mozambique Report II;
82. African Commission on Human and Peoples' Rights, Prisons in Mozambique, Second Visit: Report of the Special Rapporteur on Prisons and Conditions of Detention in Africa, Series IV, No. 8 (2001), available at www.penalreform.org/download/rs /mozambique2_english.pdf [hereinafter Mozambique Report II];
83. African Commission on Human and Peoples' Rights, Mali: Report of the Special Rapporteur on Prisons and Conditions of Detention in Africa (1997) [hereinafter Mali Report II;
84. African Commission on Human and Peoples' Rights, Mali Prisons Revisited: Report of the Special Rapporteur on Prisons and Conditions of Detention in Africa, Series IV, No. 4 (1999), available at www.penalreform.org/download/rs/mali2_english.pdf [hereinafter Mali Report II];
85. African Commission on Human and Peoples' Rights, Prisons in Malawi: Report of the Special Rapporteur on Prisons and Conditions of Detention in Africa, Series IV, No. 9 (2002), available at www.penalreform.org/download/rs/malawi_english.pdf [hereinafter Malawi Report]. The four reports that were published without comments by the government are as follows: African Commission on Human and Peoples' Rights, Report on Visits to Prisons in Zimbabwe by Professor E.V.O. Dankwa, Special Rapporteur on Prisons and Conditions of Detention in Africa, reprinted in Tenth Annual Activity Report, supra note 14, Annex VII, at 22 [hereinafter Zimbabwe Report];
86. African Commission on Human and Peoples' Rights, Prisons in the Central African Republic: Report of the Special Rapporteur on Prisons and Conditions of Detention in Africa, Series IV, No. 7 (2001), available at www.penalreform.org/download/rs/rca_english.pdf [hereinafter CAR Report];
87. Gambia Report, supra note 76;
88. African Commission on Human and Peoples' Rights, Prisons in Benin: Report of the Special Rapporteur on Prisons and Conditions of Detention in Africa, Series IV, No. 6 (2000), available at www.penalreform.org/download/rs/benin_english.pdf [hereinafter Benin Report].
89. Malawi Report, supra note 77, Annexes (Comments from the government), xiii.
90. An example is the following: In his findings on the Gambia, the SRP observed that the constitutional limit of seventy-two hours detention without trial, which seems to be well known, was not being complied with. The SRP refered to evidence of "rife" disregard at the Police Headquarters Station, where the unlawful detention period ranged from seven to ninety days. Gambia Report, supra note 76, at 38. In his response, the Secretary of State, unhelpfully, made the following blanket denial: "it must be pointed out that the constitutional limit of 72 hours detention without trial is fully understood by all security personal [sic] ... and has always been fully complied with."
91. They are, Arabic, English, French, and Portuguese. Constitutive Act of the African Union, adopted 11 July 2000, OAU Doc. CAB/LEG/23.15, art. 25 (2000) (entered into force 26 May 2001), available at www1.umn.edu/humanrts/africa/auconst-act2001.html.
92. See Zimbabwe Report, supra note 77.
93. Ibid. Id.
94. On numerous occasions (in the Gambia, Malawi, Mali, and Mozambique) during my visits, the impression was left that high-ranking as well as middle level officials have not received copies of the SRP visit in respect of their country.
95. The main characteristics of these reports are also present in the report on the visit to Namibia, which has been drafted, but awaits government comment before it will be published. See available at www.penalreform.org/english/theme_rs.htm.
96. The headings used vary from "The Prisons," to "Chikurubi Prison," "Community Service" to "Prison Fellowship International." Issues dealing with related topics, such as "forms of punishment," "places visited," "NGOs consulted," should rather have grouped together. See Zimbabwe Report, supra note 77.
97. See Mali Report 1, supra note 77.
98. See CAR Report, supra note 77;
99. Mozambique Report II, supra note 77;
100. Malawi Report, supra note 77.
101. Given the negative attitude of the government, a second visit to the CAR is unlikely to be very productive. The first country to be visited, Zimbabwe, has not been visited again. Approaches for a re-invitation met with reluctance, based on the volatile situation pertaining at present.
102. See Zimbabwe Report, supra note 77.
103. See Mozambique Report II, supra note 77, at 37.
104. Ibid. Id.
105. Ibid. Id.
106. Ibid. Id.
107. Implementation of the Recommendations of the Special Rapporteur on Prisons and Conditions of Detention in Africa, response of the Ugandan government arising from the visit in 2002 (on file with the author).
108. Interview with Professor Dankwa, former Special Rapporteur on Prisons and Conditions of Detention in Africa (on file with author).
109. See Letter from Professor Dankwa, former Special Rapporteur on Prisons and Conditions of Detention in Africa (28 May 1998) (on file at PRI's offices, Paris);
110. Letter from the Commissioner of Police of Kenya (16 June 1998) (on file at PRI's offices, Paris).
111. See supra note 23 and accompanying text.
112. International Cooperation for the Improvement of Prison Conditions, supra note 23.
113. They culminated in the Kadoma Declaration on Community Service Orders in Africa 1997, adopted at the International Conference on Community Service Orders in Africa, held in Kadoma, Zimbabwe, from 24-28 Nov. 1997, available at www.penalreform.org/english/frset_pub_en.htm, and the report Health in African Prisons, available at www.penalreform.org/english/frset_pub_en.htm.
114. The Ouagadougou Declaration on Accelerating Prison and Penal Reform in Africa, adopted at the at the second pan-African Conference on Prison and Penal Reform in Africa, held in Ouagadougou, Burkina Faso between 18-20 Sept. 2002, available at www.penalreform.org /english/pana_declaration.htm.
115. For example, in response to the first report on Mali, the governments of Ghana and Mozambique wrote to PRI, expressing views about the recommendations contained in the reports.
116. See, e.g., Constitutional Rights Project and Civil Liberties Organization v. Nigeria, Communication 102/93, Twelfth Annual Activity Report of the African Commission on Human and People's Rights Annex V, at 45 (July 1999) [hereinafter Twelfth Annual Activity Report];
117. Malawi African Association and Others v. Mauritania, Communication 54/ 91, 61/91, 98/93, 164/97 to 196/97, 210/98, Thirteenth Annual Activity Report of the African Commission on Human and People's Rights Annex V, at 139 (1999-2000) [hereinafter Thirteenth Annual Activity Report];
118. Constitutional Rights Project and Civil Liberties Organization and Another v. Nigeria, Communications 143/95, 151/96, Thirteenth Annual Activity Report, id. Annex V, at 63;
119. Amnesty International and Others v. Sudan, Communications 48/90, 50/91, 52/91, 89/93, Thirteenth Annual Activity Report, id. Annex V, at 124;
120. Huri-Laws v. Nigeria, Communication 225/98, Fourteenth Annual Activity Report, supra note 60, Annex V, at 57.
121. These are missions undertaken in response to numerous complaints directed at a state party, usually by three Commissioners. These "on-site missions" have been justified in terms of Article 46 of the African Charter. Four missions have been taken so far, to Togo (Feb. 1995), Senegal (June 1996), Mauritania (June 1996), Sudan (Dec. 1996), and Nigeria (March 1997). The demise of this mechanism seems to coincide with the establishment of the position of special rapporteur.
122. See, e.g., Constitutional Rights Project and Civil Liberties Organization v. Nigeria, Communication 102/93, Twelfth Annual Activity Report, supra note 103. Specifically, Dankwa participated in Constitutional Rights Project and Civil Liberties Organization v. Nigeria.
123. Malawi African Association and Others v. Mauritania, Communication 54/ 91, 61/91, 98/93, 164/97 to 196/97, 210/98, Thirteenth Annual Activity Report, supra note 103.
124. Human Rights Watch, Human Rights Watch World Report 1989: Mauritania (1989), available at www.hrw.org/reports/1989/WR89/Mauritan.htm.
125. Malawi African Association and Others v. Mauritania, Communication 54/ 91, 61/91, 98/93, 164/97 to 196/97, 210/98, Thirteenth Annual Activity Report, supra note 103, 13.
126. Id. 114-18. The following description of conditions of detention is given: "The conditions of detention were, at the very least, bad. The prisoners were not fed; they were kept in chains, locked up in overpopulated cells lacking in hygiene and access to medical care." Various torture mechanism are the listed.
127. Amnesty International and Others v. Sudan, Communications 48/90, 50/91, 52/91, 89/93, Thirteenth Annual Activity Report, supra note 103.
128. Constitutional Rights Project and Civil Liberties Organization v. Nigeria, Communication 102/93, Twelfth Annual Activity Report, supra note 103.
129. Media Rights Agenda and Others v. Nigeria, Communications 105/93, 128/ 94, 130/94, 152/96, Twelfth Annual Activity Report, supra note 103, Annex V, at 52. "The responsibility of the government is heightened in cases where the individual is in its custody and therefore someone whose integrity and well-being is completely dependent on the activities of the authorities." Id. 91.
130. Purohit and Moore v. The Gambia, Communication 241/2001, Sixteenth Annual Activity Report, supra note 45, Annex VII, at 62. Although the complaint alleges a violation due to "conditions under which persons detained" are kept, the finding that the right to dignity has been violated is based on terms used in the Lunatics Detention Act.
131. Question of Arbitrary Detention, adopted 5 Mar. 1991, C.H.R. Res. 1991/42, U.N. ESCOR, Comm'n on Hum. Rts., 47th Sess., 52d Mtg., U.N. Doc. E/CN.4/Res/1991/42 (1991). Its mandate was extended and clarified in Question of Arbitrary Detention, adopted 15 Apr. 1997, C.H.R. Res. 1997/50, U.N. ESCOR, Comm'n on Hum. Rts., 53d Sess., 64th Mtg., U.N. Doc. E/CN.4/Res/1997/50 (1997), and reaffirmed in Question of Arbitrary Detention, adopted 20 Apr. 2000, C.H.R. Res. 2000/36, U.N. ESCOR, Comm'n on Hum. Rts., 56th Sess., 60th Mtg., U.N. Doc. E/CN.4/Res/ 2000/36 (2000).
132. See Office of the UN High Commissioner for Human Rights, The Working Group on Arbitrary Detention, OHCHR Fact Sheet No. 26, Pt. III, a-c, available at www.ohchr.org/english/about/ publications/docs/fs26.htm.
133. See Civil and Political Rights, Including the Question of Torture and Detention: Opinions Adopted by the Working Group on Arbitrary Detention U.N. ESCOR, 59th Sess., Agenda Item 11(b), U.N. Doc. E/CN /4/2003/8/ Add.1 (2003), as compared to the 2001 and 2000 reports.
134. This is perhaps well illustrated in the case of the Mahmoud Sherifo and ten others v. Eritrea, which was finalized in nine months. The arrests took place on 18 September 2001, the case was addressed to the government on 5 March 2002, and the WG adopted its opinion on 17 June 2002. Civil and Political Rights, Including the Question of Torture and Detention: Opinions Adopted by the Working Group on Arbitrary Detention, U.N. ESCOR, Comm'n on Hum. Rts., 59th Sess., Agenda Item 11(b), Opinion No. 3/2002 (Eritrea), at 54, U.N. Doc. E/CN.4/2003/8/ Add.1 (2003).
135. Of the twenty-seven opinions contained in the WG's report dated 24 January 2003, nine were against African states. In all nine cases the governments responded to the request for information "promptly" or "in good time." See id.
136. See, e.g., Human Rights Defenders, Note by the Secretary-General, U.N. GAOR, 56th Sess., Agenda Item 131 (b), 3, U.N. Doc. A/56/341 (2000), in which the data of urgent appeals for 2000 is set out.
137. They are, in chronological order, Bhutan (also a follow up visit), Vietnam, Nepal, China, Peru, United Kingdom (in respect of immigrants and asylum seekers), Romania, Indonesia, Bahrain, Australia, Mexico, Iran.
138. In its report dated 16 December 2002, the Working Group mentions that it would like to visit Angola and Guinea-Bissou, but that no consent to visit has been procured. Civil and Political Rights, Including the Question of Torture and Detention: Report of the Working Group on Arbitrary Detentions, U.N. ESCOR, Comm'n on Hum. Rts., 59th Sess., agenda item 11 (a), 37, U.N. Doc. E/CN.4/2003/8 (2002).
139. See Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, C.H.R. Res. 1985/33, U.N. ESCOR, Comm'n on Hum. Rts., 41st Sess., 55th mtg., U.N. Doc. E/ CN.4/RES/1985/33 (1985).
140. Question of the Human Rights of All Persons Subjected to any Form of Detention or Imprisonment, Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment: Report of the Special Rapporteur, Mr. P. Kooijmans, submitted pursuant to Comm'n on Human Rts. Res. 1989/33 U.N. ESCOR, Comm'n on Hum. Rts., 46th Sess., Agenda Item 10(a), U.N. Doc. E/CN.4/1990/17/Add.1 (1990).
141. Question of the Human Rights of All Persons Subjected to any Form of Detention or Imprisonment, In Particular: Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment: Report of the Special Rapporteur, Mr. Nigel S. Rodley, submitted pursuant to Comm'n on Human Rts. Res. 1992/32, U.N. ESCOR, Comm'n on Human Rts., 50th Sess., Agenda Item 10(a), at 7, U.N. Doc. E/CN.4/1995/34 (1995).
142. Civil and Political Rights Including the Question of Torture and Detention: Report of the Special Rapporteur, Mr. Nigel S. Rodley, submitted pursuant to Comm'n on Human Rts. Res. 1998/38, U.N. ESCOR, Comm'n on Human Rts., 56th Sess., Agenda Item 11(a), U.N. Doc. E/CN.4/ 2000/9/Add.2 (1999).
143. Civil and Political Rights, Including the Question of Torture and Detention: Report of the Special Rapporteur, Mr. Nigel S. Rodley, submitted pursuant to Comm'n on Human Rts. Res. 1999/32, U.N. ESCOR, Comm'n on Human Rts., 56th Sess., Agenda Item 11, U.N. Doc. E/CN.4/2000/ 9/Add.4 (1999).
144. Report of the Special Rapporteur on the Question of Torture Submitted in Accordance With Commission Resolution 2002/38, U.N. ESCOR, Comm'n on Hum. Rts, 59th Sess., Agenda Item 11 (a), 25, U.N. Doc. E/CN.4/ 2003/68 (2002).
145. ICCPR, supra note 3, art. 7.
146. CAT, supra note 4.
147. See, e.g., CRC, supra note 5, art. 37(a).
148. ICCPR, supra note 3, art. 10(1).
149. Id. arts. 10(2)(b) (in respect of trial-awaiting accused persons); 10(3) (in respect of sentenced prisoners).
150. CRC, supra note 5, arts. 37, 40(4).
151. See Status of Ratification of the Principal International Human Rights Treaties, available at www.ohchr.org/english/law/crc-ratify.htm.
152. ICCPR, supra note 3, art. 40(1)(b).
153. CAT, supra note 4, art. 19(1).
154. CRC, supra note 5, art. 44(1)(b). To this should be added the obligation to report every second year, under the African Charter, supra note 30, art. 62, and every three years, under the African Children's Charter, supra note 43, art. 43(1)(b).
155. Optional Protocol to the International Covenant on Civil and Political Rights, adopted 16 Dec. 1966, G.A. Res. 2200A (XXI), U.N. GAOR, 21st Sess., Supp. No. 16, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171 ( entered into force 23 Mar. 1976).
156. These states are: Algeria, Angola, Benin, Burkina Faso, Cameroon, Cape Verde, CAR, Chad, Congo, Côte d'Ivoire, DRC, Djibouti, Equatorial Guinea, the Gambia, Ghana, Guinea, Lesotho, Libya, Madagascar, Malawi, Mali, Mauritius, Namibia, Niger, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, Togo, Uganda, and Zambia.
157. These five states are: Algeria, Senegal, South Africa, Togo, and Tunisia. All fifty-three states parties to the African Charter are further subject to the compulsory individual complaints mechanism under that treaty. Individual communications can be directed to the African Commission, on the basis of the African Charter or any of declarations supplementing the Charter.
158. Report of the Committee Against Torture, U.N. GAOR, 48th Sess., Supp. No. 44, U.N. Doc. A/48/44/Add.1 (1993).
159. Report of the Committee Against Torture, U.N. GAOR, 51st Sess., Supp. No. 44, 180-222, U.N. Doc. A/51/44 (1996).
160. Report of the Committee Against Torture, Twenty-fifth session (13-24 November 2000), Twenty-sixth session (30 April-18 May 2001), U.N. GAOR, 56th Sess., Supp. No. 44, 144-193, U.N. Doc. A/56/44 (2001).
161. Report of the Committee Against Torture, Twenty-seventh session (12-23 November 2001), Twenty-sixth session (29 April-17 May 2002), U.N. GAOR, 57th Sess., Supp. No. 44, 117-195, U.N. Doc. A/57/44 (2002).
162. Report on Mexico produced by the Committee under article 20 of the Convention, and reply from the government of Mexico, U.N. ESCOR, Comm. Against Torture, 30th Sess., U.N. Doc. CAT/C/75 (2003).
163. Optional Protocol to Convention Against Torture and Other Cruel, Unhuman or Degrading Treatment or Punishment, adopted 18 Dec. 2002, G.A. Res. 57/199, U.N. GAOR, 57th Sess., U.N. Doc. A/RES/57/199 (2002); but see art. 24, in terms of which states may "postpone" either national or international supervision for a maximum of five years.
164. Civil and Political Rights, Including The Question of Torture and Detention: Report of the Working Group on Arbitrary Detention, U.N. ESCOR, Comm'n on Human Rts., 56th Sess., Agenda Item 11 (a), Opinion 31/ 1998 (Cameroon), at 24, U.N. Doc. E/CN.4/2000/ 4/Add.1 (1999). The opinion describes Pius Njawé case against Cameroon. Njawé, the editor of the newspaper Le Messager, published an article stating that the president had a heart attack. He was arrested (24 December 1997) and convicted for transgressing the Penal Code and sentenced to one year imprisonment. On the basis of the communication, information was requested from the state on 10 June 1998. The government did not reply within the ninety-day period. Before the Working Group found this to constitute arbitrary detention, Njawé was released in terms of a presidential pardon (on 12 October 1998).
165. See Views of the Human Rights Commission Under Article 5, Paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, adopted 21 July 1994, U.N. ESCOR, Hum. Rts. Comm., 51st Sess., U.N. Doc. CCPR/C/51/D/458/ 1991 (1994).
166. See, e.g., Report of the Working Group on Arbitrary Detention, U.N. ESCOR, Comm'n on Hum. Rts., 57th Sess., Agenda Item 11(a), 56, U.N. Doc. E/CN.4/2001/14 (2000). In 2000, three urgent appeals involving five persons were brought to the attention of the Cameroon government.
167. Concluding Observation of the Human Rights Committee: Cameroon, adopted 7 Apr. 1994, U.N. ESCOR, Hum. Rts. Comm., 50th Sess., 1316th mtg., at 11, U.N. Doc. CCPR/'C/79/Add.33 (1994).
168. Concluding Observations of the Human Rights Committee: Cameroon, adopted 3 Nov. 1999, U.N. ESCOR, Hum. Rts. Comm., 67th Sess., 1807th & 1808th mtgs., at 19, U.N. Doc. CCPR/c/79/Add.1 16 (1999).
169. Civil and Political Rights, Including the Question of Torture and Detention: Report of the Special Rapporteur, Mr. Nigel S. Rodley, submitted pursuant to Comm'n on Human Rts. Res. 1998/38, U.N. ESCOR, Comm'n on Human Rts., 56th Sess., Agenda Item 11(a), U.N. Doc. E/CN.4/ 2000/9/Add.2 (1999).
170. The part dealing with prisons is twenty of the total sixty paragraphs of the report.
171. Report of the Committee Against Torture, Twenty-Fifth Session (13-24 November 2000), Twenty-Sixth Session (30 April-18 May 2000), U.N. GAOR, 56th Sess., Supp. No. 44, 65, U.N. Doc. A/56/44 (2000).
172. Civil and Political Rights Including Questions of Torture and Detention: Report of the Special Rapporteur, Sir Nigel Ridley Submitted pursuant to the Commission on Human Rights Res. 2000/43, U.N. ESCOR, Comm'n on Human Rts., 57th Sess., Agenda Item 11(a), 232, U.N. Doc. E/CN.4/2001/66 (2001).
173. This report has as yet not been published.
174. Concluding Observations of the Commission on the Rights of the Child: Cameroon, adopted 12 Oct. 2001, U.N. ESCOR, Comm. on Rts. of the Child, 28th Sess., 749th Mtg., 34, 35, U.N. Doc. CRC/C/15/Add.164 (2001).
175. Civil and Political Rights, Including the Questions of Torture and Detention: Report of the Special Rapporteur on the question of torture, Theo van Boven, submitted pursuant to on Res. 2002/38, U.N. ESCOR, Comm'n on Human Rts., 58th Sess., Agenda Item 11(a), 273, U.N. Doc. E/CN.4/2003/68/Add.1 (2003).
176. Consideration of Reports Submitted By States Parties Under Article 19 of the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment: 3rd Periodic Reports of States Parties Due in 1996: Cameroon, U.N. ESCOR, Comm. Against Torture, U.N. Doc. CAT/C /34/ Add.17 (2003).
177. The track record of the CAT Committee is better than that of other human rights treaty bodies, with an average delay of just under a year between the submission and examination of state reports, see Anne F. Bayefsky, The UN Human Rights Treaty System: University at the Crossroads 233, Graph 29 (2001).
178. Conclusions and Recommendations of the Committee Against Torture: Cameroon, U.N. ESCOR, Comm. Against Torture, 35th Sess., U.N. Doc. CAT/C/CR/31/6 (2004).
179. Concluding Observations of the Human Rights Committee: Egypt, U.N. ESCOR, Hum. Rts. Comm., 76th Sess., 14, U.N. Doc. CCPR/CO/76/EGY (2002).
180. Id. 15. The State party is invited to provide the Committee in its next report with statistics on the number of people set free as a result of inspections. It is also encouraged to permit intergovernmental and non-governmental visits and ensure that, in actual practice, Article 10 of the Covenant is strictly respected.
181. Report of the Committee Against Torture, U.N. GAOR, 49th Sess., Supp. No. 44, 92, U.N. Doc. A/49/44 (1994).
182. Report of the Committee Against Torture, U.N. GAOR, 51st Sess., Supp. No. 44, 220, U.N. Doc. A/51/44 (1996).
183. Conclusions and Recommendations of the Committee Against Torture: Egypt, U.N. ESCOR, Comm. Against Torture, 29th Sess., U.N. Doc. CAT /C/ CR/29/4 (2002).
184. Report of the Special Rapporteur on the question of torture, Theo van Boven, submitted pursuant to Commission resolution 2002/38, U.N. ESCOR, Comm'n on Hum. Rts., 58th Sess., Agenda Item 11(a), U.N. Doc. E/ CN.4/2003/68/Add.1 (2003).
185. Concluding Observations of the Committee on the Rights of the Child: Egypt, U.N. ESCOR, Comm. on Rts. of the Child, 26th Sess., 53, 54, U.N. Doc. CRC/C/15/ Add.145 (2001).
186. Documents indicate that in 2001 three urgent appeals involving sixty-one individuals have been brought to the attention of the Egyptian government. See Report of the Working Group on Arbitrary Detention U.N. ESCOR, Comm'n on Hum. Rts., 58th Sess., 25, U.N. Doc. E/CN.4/2002/77 (2001).
187. See, e.g., Civil and Political Rights, Including the Question of Torture and Detention: Report of the Working Group on Arbitrary Detention, U.N. ESCOR, Comm'n on Human Rts., 56th Sess., Agenda Item 11(a), Opinions 10/1999, 15/1999, at 52, 68, U/.N. Doc. E/CN.4/2000/4/ Add.1 (1999);
188. Civil and Political Rights, Including the Question of Torture and Detention: Opinions Adopted by the Working Group on Arbitrary Detention U.N. ESCOR, Comm'n on Hum. Rts., 59th Sess., Agenda Item 11(b), Opinion 7/2002, at 68, U.N. Doc. E/CN.4/2003/8/Add.1 (2003).
189. Consideration of Reports Submitted By States Parties Under Articles 40 of the Covenant, U.N. ESCOR, Hum. Rts. Comm., 57th Sess., U.N. Doc. CCPR/C/79/Add.43 (1994).
190. Concluding Observations of the Human Rights Committee: Tunisia, U.N. ESCOR, Hum. Rts. Comm., 52d Sess., 8, U.N. Doc. CCPR/C/79/ Add.43 (1994).
191. Id. 16: With respect to reports of torture and abuse of detainees, the Committee strongly recommends closer monitoring of the arrest and detention process; systematic, prompt and open investigation into allegations; prosecution and punishment of offenders; and the provision of legal remedies for victims. There should be strict enforcement of registration procedures, including prompt notification of family members of persons taken into custody, and the 10-day limit to preventive detention. Steps should also be taken to ensure that medical examinations are automatically provided following allegations of abuse and that thorough autopsies are performed following any death in custody. In all cases where investigations are undertaken, the findings should be made public.
192. Report of the Committee against Torture, U.N. GAOR, 54th Sess., Supp. No. 44, 88-105, U.N. Doc. A/54/44(1998).
193. Id. 88-105, specifically, 96-97.
194. Id. 88-105, specifically, 102.
195. Id. 105, denouncing the Committee's conclusion that the relevant laws have not been implemented as "totally unfounded." These comments illustrate both the importance of and the difficulties involved in establishing facts pertaining to human rights violations, especially of detainees. The government's response questions the validity of fact-finding (challenging anyone to bring even the "the slightest evidence" in support of allegations); it queries the fact-finders' objectivity (alleging bias towards the views of NGOs) and lack of a meaningful "dialogue," as the government's views have all been dismissed.
196. Tunisia-Communication 14/1994: Decisions of the Committee Against Torture Under Article 22 of the Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment, U.N. ESCOR, Comm. Against Torture, 14th Sess., U.N. Doc. CAT/C/14/D/1994 (1995).
197. Views on the Committee Against Torture Under Article 22 of the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, U.N. ESCOR, Comm. Against Torture, 23d Sess., Communication 60/1996, M'Barek v. Tunisia, U.N. Doc. CAT/C/23/D/ 60/1996 (2000).
198. The initial communication was declared inadmissible because the author did not establish proof of authority to act on behalf of the victim, as required by Rule 107 of the CAT Rules of Procedure. To this may be added, more generally, the necessity to show that local remedies have been exhausted.
199. Concluding Observations of the Committee on the Rights of the Child: Tunisia, U.N. ESCOR, Comm. on Rts. of the Child, 6th Sess., 31, 32, U.N. Doc. CRC/C/15/Add.18 (2002).
200. Report of the Working Group on Arbitrary Detention, U.N. ESCOR, 56th Sess., 37, U.N. Doc. E/CN.4/2000/4/Add.1 (1999).
201. Civil and Political Rights, Including the Question of Torture and Detention: Report of the Working Group on Arbitrary Detentions, U.N. ESCOR, Comm'n on Hum. Rts., 59th Sess., agenda item 11(a), at 28, U.N. Doc. E/CN.4/2003/8 (2002).
202. Report of the Special Rapporteur on the question of torture, Theo van Boven, submitted pursuant to Commission resolution 2002/38, U.N. ESCOR, Comm'n on Hum. Rts., 58th Sess., Agenda Item 11(a), 1774, 1775, U.N. Doc. E/CN.4/2003/68/Add.1 (2003).
203. Decisions of the Committee Against Torture Under Article 22 of the Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment: Communication No. 187/2001: Tunisia, U.N. ESCOR, Comm. Against Torture, 31st Sess., U.N. Doc. CAT/C/31/D/187/2001 (2003);
204. Decisions of the Committee Against Torture Under Article 22 of the Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment: Communication No. 188/2001: Tunisia, U.N. ESCOR, Comm. Against Torture, 31st Sess., U.N. DOC. CAT/C/31/D/188/2001;
205. Decisions of the Committee Against Torture Under Article 22 of the Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment Communication No. 189/2001: Tunisia, U.N. ESCOR, Comm. Against Torture, 31st Sess., U.N. DOC. CAT/ C/31/D/189/2001 (2003) [the three documents are hereinafter Tunisia Communications].
206. Tunisia Communications, supra note 200, 10.7 of each of the communications. The incidents complained of in these communications took place before 1998.
207. See Oona A. Hathaway, Do Human Rights Treaties Make a Difference?, 111 Yale L. J. 1935-2042 (2002);
208. Ryan Goodman & Derek Jinks, Measuring the Effects of Human Rights Treaties, 14 Eur. J. Int. L. 171 (2003);
209. Christof Heyns & Frans Viljoen, The Impact of the United Nations Human Rights Treaties at the Domestic Level (2001).
210. The SRP has on occasion collaborated with the UN presence in a country. The Special Rapporteur on Prisons cooperates with regional fact-finding bodies, particularly the Inter-American Commission on Human Rights. See Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: Note by the Secretary-General, U.N. GAOR, 58th Sess., 6, U.N. Doc. A/58/120 (2003).
211. In March 1997, the SRP met with the UN Special Rapporteur on Torture, as well as with members of other international organizations working in the field. In April 2000, the SRP attended an expert meeting of mechanisms working in related fields where, among others, the UN Special Rapporteur on Torture and members of the European Committee for the Prevention of Torture were present.
212. The problems in establishing implementation are numerous: the information used to assess implementation is often based on hearsay, or the mere say-so of an official. It is not always possible to verify the assertions. The causal link between reforms of changes and the visit by SRP is also sometimes a matter for conjecture. The sources on which reliance is placed, are: (1) answers to the questionnaires (prepared for the Ouagadougou Conference) provided by governments, which can help identify what measures were put in place following the visit to implement recommendations, (2) the SRP's reports, as well as comments by the SRP, (3) personal observations, arising from visits of a short duration that did not allow for in-depth verification of implementation measures, and (4) information obtained from interviews with PRI staff and perusal of documentation.
213. In terms of Loi No 01-080 of 20 August 2001, dealing with the "Code de Procedure Pénale," a person accused of a crime for which the maximum penalty is two years or less, the maximum permissible period of detention once he had appeared before a "juge d'instruction" is limited to a month. Mali, Loi 01 -080, art. 125. In the case of a possible penalty exceeding two years, the maximum period of detention is six months. Mali, Loi 01-080, art. 127. These terms limit those previously in operation, which allowed for detention up to one year.
214. An example relates to the imprisonment of two women in Mopti, despite assurances to contrary. At the Commission's 24th session, the SRP reported that the Minister of Justice had indicated that two women at Mopti prison had been granted a presidential pardon. When the SRP arrived for the follow up visit, the same women was still being detained, and he was informed that they were being considered for presidential pardon.
215. The nonsentenced detainees, expressed as a percentage of the total prison population is as follows: First visit of SRP: not clear from report; Second visit of SRP: 72 percent; July 2001: 75 percent; Dec 2001: 71 percent; July 2002: 70.8 percent. A stronger illustration of the downward trend has been observed in the Bamako Central Prison, one of the main prisons and trouble spots: First visit of SRP: 90 percent; Second visit of SRP: 84 percent; July 2001: 87 percent; Dec 2001: 85 percent; July 2002: 77 percent.
216. Interview with Mozambican NGOs as part of the visit undertaken to Mozambique (notes on file with author).
217. Gambia Report, supra note 76.
218. Suwandi Camara v. The Commissioner Mile II Prisons and another, Case MA 72/20000 (Gambian H. Ct. 2000). For general information about this case, see US Department of State, Country Reports and Human Rights Practices: The Gambia, available at www. state.gov/g/drl/rls/hrrpt/2000/af/ 799.htm.
219. Fourteenth Annual Activity Report, supra note 60, 21.
220. The general mailing list should be adapted to include all NGOs with observer status with the African Commission, ex-Commissioners, educational institutions in Africa, especially Law schools, as well as institutes dealing with African issues. During a visit to a country, the SRP team must obtain addresses for all officials, NGOs, and other persons interviewed. After the visit, reports should be sent to all of these people. Dissemination in that particular country must reach much wider, to include also, for example, all MPs, as well as educational and religious institutions, accompanied by an explanatory letter. All government departments should receive a copy, as they may be affected by the report. This fact is most evident with regard to the Ministry of Finance and Health, Social Affairs and Foreign Affairs.
221. Tenth Annual Activity Report, supra note 14, SRP Mandate 4.
222. As has been done by the Working Group, taking into account the reports of thematic rapporteurs and country-specific rapporteurs when deciding cases, and transmitting information to other special procedures and exchanges views with treaty bodies. Question of the Human Rights of All Persons Subjected to Any Form of Detention or Imprisonment: Report of the Working Group on Arbitrary Detention, U.N. ESCOR, Comm'n on Human Rts., 49th Sess., Agenda Item 10, at 6, U.N. Doc. E/CN.4/1993/ 24 (1993).
223. Meetings of various UN mechanisms dealing with torture (the Special Rapporteur on Torture, the CAT Committee and the UN Voluntary Fund for the Victims of Torture) have for example been held to "strengthen the collaboration" between them. Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: Note by the Secretary-General, U.N. GAOR, 58th Sess., 7, U.N. Doc. A/58/120 (2003).