Welcome to the fourth editionof the newsletter of theCommittee for the Preventionof Torture in Africa (CPTA), aspecial mechanism of theAfrican Commission onHuman and Peoples’ Rightsdedicated to the fight againsttorture and other forms of ill-treatment on the AfricanContinent.

In spite of the universalabsolute ban on torture, itspractice continues unabatedworldwide albeit in varyingdegrees for a variety of reasons,including the lack of solid legalframeworks criminalizingtorture, the absence of or non-application of proceduralsafeguards, impunity forperpetrators, and lack ofindependent monitoringmechanisms to overseedetention conditions, amongstothers.

In order to confront some ofthese problems and ensure thatits efforts to eradicate torture inAfrica are effective, the CPTAhas elaborated a three yearsStrategic Plan (2012–2014)encompassing an all inclusiveapproach that will helpreinforce and consolidate thebases for the effectivefunctioning of the mechanismin the discharge of its mandateof promoting and facilitatingthe effective implementation ofthe Robben Island Guidelinesin Africa.

In this regard, the CPTA hasprioritized a more proactiveengagement with policymakers and authorities ofStates Parties whose workhas a direct impact onvarious aspects of therepression and prevention oftorture. Emphasis has alsobeen laid on collaborationwith other national, regionaland internationalstakeholders in order toensure synergy of action andthe maximization of benefits.

This edition of the newslettergives highlights of the majoractivities that the CPTA hasundertaken between October2011 and April 2012, infurtherance of its mandate. Itfeatures amongst otheractivities, a CPTA promotionmission to the IslamicRepublic of Mauritania, aseminar on the preventionand repression of torture inCameroon, the Global Forumon the OPCAT, and the useof community service as analternative to detention inBurkina Faso as well as dataon the status of thecriminalization of torture andapplicable penalties, and theratification of the Conventionagainst Torture and itsOptional Protocol by Africancountries.

The CPTA is encouraged bythe momentum that isbuilding up in the continent

around issues of tortureprevention; torture, whichhas hitherto been a taboosubject, is now an issue ofpublic debate in manyAfrican countries with theinitiation of bills tocriminalize acts of torture, theratification of instrumentssuch as the OPCAT and theraising of awareness amongmany national actors. Iencourage all partners of theCPTA to contribute theirquota, as individuals andinstitutions, to the cause offighting for human dignity inAfrica and build on thecurrent momentum in orderto ensure that together, werealize a torture freecontinent.

NOTE FROM THE CHAIRPERSON

Dupe Atoki (Mrs)Chairperson of the ACHPR

Committee for the Prevention ofTorture in Africa

April 20121Africa Torture Watch

At the Invitation of theGovernment of the IslamicRepublic of Mauritania, theCommittee for thePrevention of Torture inAfrica (CPTA) undertook apromotion mission to thecountry from 26 to 31 March2012. This mission wascarried out within theframework of the mandate ofthe CPTA in the resolution ofthe African Commission onHuman and Peoples’ Rights(African Commission) on theGuidelines and Measures forthe Prohibition andPrevention of Torture, Cruelor Inhuman or DegradingTreatment or Punishment inAfrica, commonly referred toas the Robben IslandGuidelines.

The objective of the missionwas, among other things, todisseminate, promote andfacilitate the effectiveimplementation of theRobben Island Guidelines; toengage in a constructivedialogue with relevantstakeholders in order toexchange views on ways andmeans of strengthening theprohibition and preventionof torture and other forms ofill-treatment, the eradicationof slavery as well asexamining the situation ofpersons deprived of libertyin Mauritania. The missionwas also meant to examinethe progress made in theprocess of ratification of theOptional Protocol to the UN

Convention against Torture(OPCAT) which Mauritaniasigned in September 2011.

During the mission, theCPTA delegation comprisingthe Chairperson,Commissioner Dupe Atoki,the Vice Chairperson, Mr.Jean Baptiste Niyizurugeroand, Mrs. Hannah Forster,was received by HisExcellency Mohamed OuldAbdel Aziz, President of theIslamic Republic ofMauritania with whom thedelegation discussed thefight against slavery inMauritania, the ameliorationof conditions of detentionand the necessity tocriminalize torture, and ratifyand effectively implementthe OPCAT.

CPTA UNDERTAKES PROMOTION MISSIONTO THE ISLAMIC REPUBLIC OF MAURITANIA

The Chairperson and Vice-Chairperson of the CPTA meeting with the Presidentof the Islamic Republic of Mauritania accompanied by the Commissioner forHuman Rights, Humanitarian Action and Relations with Civil Society duringthe CPTA promotion mission.

The CPTA delegation alsohad constructive discussionswith various state authoritiesincluding the Commissionerfor Human Rights,Humanitarian Action andRelations with Civil Society;the Minister of Interior andDecentralization; theMinister of Justice; theDirector of State Security;officials of the NationalGendarmerie; the Presidentof the National Assembly,and the President of theSupreme Court. Thedelegation further met withother stakeholders relevantto the mission’s objectives,including the Representativeof the United Nations HighCommissioner for Human inMauritania, the presidentand members of the NationalHuman Rights Commission,

April 20122

the president and membersof the Mauritanian BarAssociation, and members ofvarious civil societyorganizations.

Members of the CPTAdelegation also took part ina seminar on thecriminalization of torture inMauritania and visited theDar Naim prison, thewomen’s prison and theRehabilitation Center forChildren in Conflict with theLaw, in Nouakchott, anddiscussed with the detaineesabout their living conditionsas well as with officials ofthese places of detention onissues related to themanagement of the detentioncenters.

During the mission, thedelegation noted somepositive measures that theMauritanian government hasput in place in order toenhance the fight againstslavery, torture and otherforms of ill-treatment,including, recentconstitutional amendmentsthat prohibit torture andslavery and consider these ascrimes against humanity, theenactment of a lawcriminalizing slavery and theputting in place of theProgram for the Eradicationof the Legacy of Slavery, aswell as various measurestaken to improve conditionsof detention.

Concerns such as the highpercentage of pre-trialdetainees, the inadequate

application of the law againstslavery, the numerousreported cases of torture,impunity, the absence ofspecific legislationcriminalizing torture and thenon-application ofprocedural safeguardsagainst torture and otherforms of ill-treatmentcontained in the criminalprocedure code ofMauritania, amongst others,were brought to the attentionof the authorities. In theirdiscussions with the variousauthorities, members of theCPTA delegation profferedrecommendations to addresssome of these concerns.

At the end of the mission, thedelegation held a reviewmeeting with theCommissioner for HumanRights, Humanitarian Actionand Relations with CivilSociety during which he wasbriefed on the preliminary

observations andrecommendations of thedelegation. The visit endedwith a press conference.

The CPTA appreciates thespirit of transparency andcooperation demonstratedby the Mauritanianauthorities throughout thevisit. It was clear from themany discussions that theCPTA delegation had withthe various authorities,members of the civil societyand individuals, that there isa genuine political will toaddress the many concernsthat infringe on the dignity ofthe human person inMauritania.

A detailed report on themission containing therecommendations of theCPTA will be elaborated andmade public as soon aspossible after its adoption bythe African Commission.

Members of the CPTA delegation giving a press conference at the end of thepromotion mission

April 2012 3

Article 62 of the AfricanCharter on Human andPeoples’ Rights requiresStates Parties to submitevery two years, PeriodicReports on the legislative orother measures they havetaken with a view to givingeffect to the rights andfreedoms recognized andguaranteed in the Charter.The African Commission onHuman and Peoples’ Rights(African Commission) hasdeveloped the practice ofadopting ConcludingObservations on suchreports, setting out amongstother things, areas where it isconcerned that the State Partyis not giving effect to theprovisions of the Charter andmaking recommendationsfor corrective action.

Thus, following thepresentation andconsideration of the second

Periodic Report ofCameroon, the AfricanCommission, meeting at its47 th Ordinary Session inBanjul, The Gambia, amongother issues expressed itsconcern regarding the factthat the Report did notcontain any information onthe measures taken byCameroon to implement theGuidelines and Measures forthe Prohibition andPrevention of Torture, Cruel,Inhuman or DegradingTreatment or Punishment,commonly known as theRobben Island Guidelines,adopted by the AfricanCommission in 2002. It wasthen recommended thatCameroon shouldcollaborate with the AfricanCommission to ensure theimplementation of theRobben Island Guidelines.It was within the context ofthis dynamic, and the recent

CPTA AND THE CAMEROON GOVERNMENT JOINTLYORGANIZE SEMINAR ON THE PREVENTION AND

REPRESSION OF TORTURE IN CAMEROON

ratification of the OptionalProtocol to the Conventionagainst Torture (OPCAT) byCameroon, that theCommittee for thePrevention of Torture inAfrica (CPTA), acting withinits mandate of promoting andfacilitating the effectiveimplementation of theRobben Island Guidelineswithin States Parties, invitedthe Cameroon Governmentto jointly organize asensitization seminar on theprohibition and preventionof torture in Cameroon. Thisinvitation was favorablyresponded to, and from 24 –26 January 2012 the CPTAand the Government ofCameroon, under theauspices of the Ministry ofJustice, jointly organized aseminar under the theme‘’The Prevention and Repressionof Torture in Cameroon’.

Participants at the Yaoundé seminar

April 20124

The seminar was aimed atsensitizing participants oninternational norms on theprohibition and preventionof torture with particularemphasis on the RobbenIsland Guidelines andreflecting on the implicationsof the ratification of OPCATby Cameroon. For threedays, participants weretreated to presentations,interspersed with interactivedebates on the internationallegal framework on theprohibition of torture, torturein the context of deprivationof liberty, the challenges ofinvestigating cases of tortureand the protection of victimsof torture. Participants werealso treated to a practicalcase which was aimed attesting their understandingof the various presentations.

At the end of the seminar,participants came up with aseries of recommendationsincluding: the deposit assoon as possible of theinstruments of ratification ofthe OPCAT by theGovernment of Cameroon;the commencement of a

broad based consultationprocess on the designation ofa National PreventiveMechanism under theOPCAT; the popularizationand wide dissemination ofthe Robben IslandGuidelines among lawenforcement personnel andother stakeholders; and theinclusion of a module on theIstanbul Protocol inparticular, and theprohibition and preventionof torture in general, in thecurriculum of institutionsthat train law enforcementand health personnel.

The seminar, which wascompletely funded by theGovernment of Cameroon,brought togetherparticipants from diversebackgrounds including fromcivil society, personnel of thesecurity forces (police,gendarmerie and the army),officials of the penitentiary,civil and militarymagistrates, civil andmilitary prosecutors, medicaldoctors, and officials of theMinistries of Justice andExternal Relations. The

seminar was officiallyopened by the MinisterDelegate at the Ministry ofJustice. The CPTA wasrepresented byCommissioner LucyAsuagbor (representing theChairperson of the AfricanCommission and of theCPTA) and Mr. Jean BaptisteNiyizurugero, Vice-Chairperson of the CPTA.

The CPTA welcomes thepolitical will demonstratedby the Government ofCameroon in the fight againsttorture and hopes that otherAfrican Countries willfollow in its footsteps byengaging with the AfricanCommission in undertakingjoint initiatives to ensure theeffective implementation ofthe Robben IslandGuidelines in their respectivejurisdictions. The CPTAextends its appreciation tothe Government ofCameroon and hopes that thepolitical will thus fardemonstrated in the fightagainst torture will besustained.

April 2012 5

Since the adoption of theUniversal Declaration ofHuman Rights in 1948,international human rightslaw has become increasinglyfragmented with aproliferation of norms andenforcement mechanisms atthe global, regional and subregional levels. Although thisfragmentation could have thepositive effect of inducingStates to comply more strictlywith their internationalobligations, unnecessaryduplication of effort, conflictbetween norms andimplementation mechanismsand overlaps could be theundesirable consequences ofsuch fragmentation.International norms andmechanisms on theprevention of torture and theprotection of personsdeprived of their liberty havenot escaped this fate.

It was therefore with the aimof ensuring coherence,avoiding gaps and overlaps,as well as strengtheningcomplementarity andmaximizing the impact of thework of both UN and Africanhuman rights mechanisms onthe prevention of torture thatthe United Nations Office ofthe High Commissioner forHuman Rights (OHCHR)organized, from 6 to 7February in Addis Ababa,Ethiopia, a regional

REGIONAL CONSULTATIONS FOR AFRICA ON ENHANCINGCOOPERATION BETWEEN UNITED NATIONS AND REGIONAL

HUMAN RIGHTS MECHANISMS ON PREVENTION OF TORTUREAND THE PROTECTION OF VICTIMS OF TORTURE, ESPECIALLY

PEOPLE DEPRIVED OF THEIR LIBERTY

consultation for Africa onenhancing cooperationbetween the United Nationsand regional human rightsmechanisms on theprevention of torture and theprotection of victims oftorture, especially personsdeprived of their liberty. Thisconsultation was a follow upto one of therecommendations of theinternational workshop on“Enhancing Cooperationbetween International andRegional Human RightsMechanisms” which washeld on 3 and 4 May 2010 inGeneva, Switzerland.

The consultation broughttogether representatives fromthe UN Committee AgainstTorture, the Sub-committeeon the Prevention of Torture

(SPT), the Committee for thePrevention of Torture inAfrica (CPTA), the SpecialRapporteur on Prisons andConditions of Detention inAfrica, the African Court onHuman and Peoples’ Rights,representatives of theSecretariat of the AfricanCommission on Human andPeoples’ Rights (ACHPR),staff of the OHCHR,representatives of NationalPreventive Mechanisms(NPMs), National HumanRights Institutions (NHRIs)from the African region, andcivil society organizationsworking on the prevention oftorture and treatment ofpersons deprived of theirliberty. The CPTA wasrepresented byCommissioner Med S KKaggwa.

Participants at the Addis Ababa consultations

April 20126

During the consultations,participants identified andmade recommendations onconcrete means and tools ofcooperation between UN andAfrican mechanisms on theprevention of torture, in theareas of information sharing,possible joint activities andfollow up onrecommendations emanatingfrom the variousmechanisms. In particular,proposals were made onpossible joint reports(including both thematic andcountry reports), joint pressreleases, joint visits, jointcapacity building activities,joint publications, meetingsand conferences, exchange ofstaff, coordinated earlywarning actions andidentification of commonpriorities.

The role and experiences ofNational PreventiveMechanisms and NationalHuman Rights Institutions inthe prevention torture andprotection of the rights ofpersons deprived of theirliberty, as well as possibleways of cooperation betweenthese mechanisms and boththe UN and African regionaland sub regional anti torturemechanisms and the role andcooperation of NGOs withNHRIs and NPMs, were alsodiscussed.

As a concrete short termcooperation initiative, it wasrecommended for the UN tobe associated and activelyparticipate in the 10 th

Anniversary of the RobbenIsland Guidelines which willtake place at the end ofAugust 2012 in South Africa.The issuing of a joint pressrelease by both UN andAfrican mechanisms on June26, International Day inSupport of Victims ofTorture, was also proposed.

It was clear from discussionsduring the consultations thatthe CPTA is the main regionalmechanism with a mandatespecific to torture preventionin Africa and therefore standsout as the principalinterlocutor of the continentwith the UN mechanisms onissues of torture preventionand the treatment of personsdeprived of their liberty.

In that regard, it should benoted that since itsestablishment, the CPTA hasadopted a collaborativeapproach in the execution ofits mandate given thattorture prevention especiallyin Africa is a verychallenging task that requiresthe building of synergies inorder to maximise benefits. Itis in this spirit of cooperationthat the CPTA has beenactively encouraging the

ratification and effectiveimplementation of UNinstruments in Africa such asthe CAT and OPCAT as wellas inviting UN Experts to itsactivities. A member of theSPT was part of the CPTAdelegation that undertook apromotion mission to theRepublic of Benin in 2009and the SPT Focal Point forAfrica was one of theresource persons invited bythe CPTA to the seminar onthe Effective Functioning ofthe National Observer ofPlaces of Deprivation ofLiberty of Senegal in July2011. There have equallybeen meetings at variouslevels between theChairperson and members ofthe CPTA and the SpecialRapporteur on Torture aswell as with members of theCommittee against Tortureand the SPT.

It is therefore hoped thatthere will be a vigorousfollow up to therecommendations madeduring this consultation inorder to enhance cooperationbetween UN and Africanmechanisms, especially theCPTA, which willundoubtedly contribute tomore effective prevention oftorture in Africa and theprotection of personsdeprived of their liberty.

April 2012 7

Formerly known as the Follow-up Committ ee on theImplementation of the RobbenIsland Guidelines, theCommittee for the Preventionof Torture in Africa (CPTA)was established by the AfricanCommission on Human andPeoples Right s at its 35 th

Ordinary Session in May 2004.The establishment of the CPTAresulted from the adoption bythe African Commission inOctober 2002, of the Guidelinesand Measur es for theProhibition and Prevention ofTorture, Cruel, Inhuman orDegrading Treatment orPunishment in Africa (RobbenIsland Guidelines or RIG). TheRobben Island Guidelines weredeveloped from a meetingorganized by the AfricanCommission in collaborationwith the Association for the

Prevention of Torture (APT) inFebruary 2002 in Cape Town,South Africa . The RobbenIsland guidelines wereformulated as a tool for use byStates and other relevant actorsto tackle the prevalent scourgeof torture on the Africancontinent. The Robben IslandGuidelines are a set of concretemeasures for theimplementat ion of theprovisions of Article 5 of theAfrican Cha rter on theprohibition and prevention oftorture and other forms of ill-treatment. Th e Guidelinesconstitute an essential tool foruse by Afric an states infulfilling their internationalobligations of implementingstandards on the prohibitionand prevention of torture. The CPTA is primarily vestedwith the mandate of promoting

and facili tating theimplementation of the RIGwithin Member States in orderto ensure th e effectiveprohibition and prevention oftorture in Af rica. This isachieved t hrough theorganization of seminars/workshops; visits to memberstates; development of trainingand sensitization programs onthe prohibition and preventionof torture; publications andstudies on themes contained inthe RIG as well as the buildingof strategic partnerships withcivil society organizations,national hu man rightsinstitutions and other national,regional and internationalactors for th e purpose ofsharing information andpromoting best practices on theprohibition and prevention oftorture.

ABOUT THE COMMITTEE FOR THEPREVENTION OF TORTURE IN AFRICA

Membership of the CPTA as of April 2012

Commissioner Catherine Dupe Atoki - ChairpersonMr. Jean-Baptiste Niyizurugero - Vice-ChairpersonCommissioner Med S K Kaggwa - MemberMrs. Hannah Forster - MemberMr. Malick Sow - Member

For more information on the CPTA, contact the Secretariat of the African Commission:31 Bijilo Annex Layout

Kombo North District, Western Region,P.O. Box 673, Banjul, The Gambia

Tel: (220) 4410505/4410506Email: achpr@achpr.org

Web: www.achpr.org

Editorial team: Commissioner Dupe Atoki        Mr. Jean-Baptiste Niyizurugero Mr. Tem Fuh Mbuh

April 20128

From 10 to 11 November2011, major actors in theprevention of torture fromacross the world gathered inGeneva, Switzerland for theGlobal Forum on theOptional Protocol to the UNConvention against Torture(OPCAT.) The OPCAT,which came into force in June2006, is the first internationaltreaty which seeks to preventtorture and other forms of ill-treatment through theestablishment of a system ofregular visits to places ofdeprivation of libertyundertaken by independentinternational and nationalbodies. The Global Forum,which was organized by theAssociation for thePrevention of Torture (APT),was aimed at assessing theimpact of the OPCAT fiveyears since it entered intoforce, and to share ideas andexperiences in order toensure its effectiveimplementation.

The Forum brought togetherrepresentatives from OPCATState Parties and signatories,members of theSubcommittee on thePrevention of Torture (SPT)and its Secretariat;Chairpersons of the relevantUN bodies working ontorture prevention,representatives of regionaltorture prevention bodies(including the Committee forthe Prevention of Torture inAfrica (CPTA) and the

Special Rapporteur onPrisons and Conditions ofDetention in Africa),representatives ofinternational, regional andnational non-governmentalorganizations working ontorture prevention andrepresentatives of the UNOffice of the HighCommissioner for HumanRights (OHCHR) as well asother relevant UN inter-governmental bodies.

The forum featured eightthematic sessions on variousaspects of the OPCAT andfour regional roundtables,the main objectives of whichwas, amongst other things, totake stock on progress,results and impacts of theOPCAT system five years on;identify challenges, gaps andways forward in OPCATimplementation; review therole of the SPT to reinforce itsimpact; as well as the role ofNational PreventiveMechanisms to strengthentheir impact. Discussions

during the two days forumgave participants theopportunity to shareexperiences, identify ways inwhich the prevention oftorture and the OPCATsystem could be made moreeffective, as well as considerways of cooperating andbuilding synergies in orderto enhance the protection ofpersons deprived of theirliberty from torture andother forms of ill treatment.

Prior to the Global Forum, aone day Strategic ConsultativeMeeting for Africa was held on9 November 2011 as aprecursor to the Africaroundtable. This gathering ofAfrican actors involved intorture prevention wasmeant to build on themomentum generated at theDakar Regional Conferenceon Torture Prevention,which was jointly organisedby the CPTA, the APT andAmnesty International -Senegal, in April 2010, inDakar, Senegal.

MEMBERS OF THE CPTA PARTICIPATE AT THE APTGLOBAL FORUM ON THE OPCAT AND STRATEGIC

CONSULTATIVE MEETING FOR AFRICA

Participants at the Strategic Consultative Meeting for Africa which preceded theAPT Global Forum on the OPCAT

April 2012 9

During the meeting,participants discussed thecurrent situation on theprevention of torture andother forms of ill-treatmenton the continent andexchanged experiences andbest practices, with a view tofinding common ground onpriorities, strategies andpossible ways of improvingthe prevention of torture inAfrica. These discussionscentred on ways and meansof ensuring that AfricanStates ratify the OPCAT,establish NPMs and ensurethat they are sufficientlyindependent and adequatelyfinanced, how to promotebetter cooperation betweenthe African NPMs, the SPTand the CPTA, as well asmeans of developing andimplementing moreinclusive strategies of tortureprevention at national level.

Participants identified somechallenges related to theeffectiveness of tortureprevention in Africa, such asthe lack of political will toimplement the OPCAT;limited understanding of theOPCAT system and theprevention of torture ingeneral; the structuralproblems of African NPMscharacterized by inadequatelegal frameworks andresources constraints, theweak action of the SPT,particularly with regard toNPM advice and support,and the resource constraintsof the African Commissionon Human and Peoples’Rights and the CPTA.

The main outcome of themeeting was thecommitment of participantsto reinforce their efforts, bothat individual as well at

institutional level in theprevention of torture. Inparticular, participantsdecided to prioritize: theestablishment of inclusivenational coalition groupsinvolving key actors such asparliamentarians and themedia that can makeratification campaigns andimplementation advocacyactions more powerful; theestablishment of effectiveNPMs and support to theexisting ones throughcoordinated action; thepromotion of a more concreteand effective regionalcooperation, including theidea of setting up a regionalnetwork on the prevention oftorture and the possibilityfor NPMs to have AffiliateStatus with the AfricanCommission.

The CPTA Chairperson andVice-Chair, as well as theSpecial Rapporteur onPrisons and Conditions ofDetention in Africa, who isalso a member of the CPTA,attended both the OPCATForum and the StrategicConsultative Meeting forAfrica and used theopportunity to exchangeviews on how to mobiliseand build on regionalsynergies towards effectiveprevention of torture inAfrica. CPTA members alsoused the occasion to networkwith other national, regionaland international actorsinvolved in tortureprevention worldwide.

From left Commissioner Med Kaggwa, CPTA member, Commissioner DupeAtoki, Chairperson of the CPTA and Mr. Jean Baptiste Niyizurugero, Vice-Chairperson of the CPTA at the OPCAT Forum

For more information on the APTGlobal Forum on the OPCAT and

the Strategic ConsultativeMeeting for Africa, please visit

www.apt.ch

April 201210

Overcrowding in prisons isendemic in Burkina Faso andcan be considered to amountto cruel, inhuman ordegrading treatment orpunishment. In fact, theoccupancy rate in prisons isaround 200% and is evenhigher in male-dominatedmajor buildings. In April2011, the occupancy rate was267.22% at Bobo Dioulassoprison, 260% in FadaN’Gourma and more than311% in the quarter for adultmen in the Ouagadougoucentral prison. Theovercrowding is one of thecauses of appalling prisonconditions, poor sanitaryconditions, shortage of foodsupply and healthcare,which may in some cases befatal. Decreasingovercrowding could helpfight against lack of food,lack of medicine and againstviolence between inmates.The legal system in BurkinaFaso sets out Communityservice (Travaux d’intérêtgénéraux - TIG) as analternative to detention. Itsimplementation is beingexplored to preventovercrowding and all formsof ill-treatment in prisonfacilities.

Community service (TIG)were introduced in the penalsystem in Burkina Faso in

2004 when politiciansrealized that prison as ameans to fight against crimewas a failure. TheCommunity Service is asentence imposed by acorrectional court; theoffender has to performunpaid work to benefit thecommunity instead of goingto jail. Thus, the convictedperson avoids prison, keepshis job and maintains socialrelationships. TIG has threemain goals:

The punishment ofthe offender: TIG is aconstraint bothphysical and moral forthe offender. On theone hand, his freedomis restricted, TIGrequires self-discipline and respectfor others and,secondly, it confinesthe offender tosituations or tasks thatinvolve his free will,his experience and hiscapacities. Theconvicted personworks for free;

It repairs the damagecaused to thecommunity;

It helps with therehabilitation of theoffender.

Facilitating theimplementation ofCommunity service

To prevent torture and illtreatments in prison, theInternational Federation ofACAT (FIACAT), togetherwith ACAT-Burkina and theAssociation for thePrevention of Torture (APT),have been running a threeyear project in Burkina Fasoaiming at improvement ofprison conditions.

Within the framework of thisproject, a preliminary studyon prison conditions wasconducted. It enabled ageneral overview of theprison situation in BurkinaFaso. The concludingobservations of the studyhighlighted that theimprovement of prisonconditions is the directresponsibility of the Ministryof Justice and of allinstitutions, which operate inthe penal procedure chain.Given the lack of fundingand the weak capacity of theprison administration, civilsociety organizations, withthe support of technical andfinancial partners, are themain actors that support theimplementation ofmechanisms which couldimprove prison conditions inBurkina Faso. It is in this

PREVENTING TORTURE IN BURKINA FASO:USE OF COMMUNITY SERVICE, AS AN

ALTERNATIVE TO PRISON

April 2012 11

context that FIACAT andACAT-Burkina Faso decidedto work more specifically onCommunity Services asalternatives to detention forfighting against theovercrowding. In 2010, theyorganized several publicawareness raisingworkshops on TIG and otherrelevant themes includingcitizenship, the rights ofdetainees and alternativesentences to imprisonment.These workshops targetedjudges, members of civilsociety, the security forcesand wardens on CommunityServices. The twoorganizations also set up aDay of Solidarity withdetainees held inKoudougou, third largestcity of the country, on 18December 2010.

The project is arousing agreat deal of interest on thepart of legal and politicalbodies in Burkina Faso.Following the three

workshops organized onCommunity Service in 2010,several judges havecommitted themselves toimplement the alternativepunishments to custody;state prosecutors want toaccompany theimplementation ofCommunity Services forindividuals who havecommitted minor offences,who are young and non-recidivists. Prosecutors ofBobo-Dioulasso, Gaoua,Koudougou and to a lesserextent Ouagadougou, beganto implement the legislationon community service.However the results arecurrently difficult to evaluateand events that occurred inBurkina Faso from Februaryto June 2011 and the arreststhat followed did not helpthe decongestion of prisons.

ConclusionThe Community Service as asentence has many benefits.It helps fight against prison

overcrowding, reduces themaintenance costs of inmatesand thereby improve theconditions of detention. Italso provides cost effectiveworkforce to local authoritiesand state administrations. Italso helps to limit contactsbetween those convicted forminor offences anddangerous criminals,reducing subsequently therisk of recidivism. Lastly,TIG helps with thereintegration of prisoners.

This experience oncommunity service inBurkina Faso could be seenas a good practice that shouldbe promoted and replicatedin other countries as a meansfor preventing torture and ill-treatment as well asimproving conditions ofdetention.

Guillaume Collin

Program Officer, FIACAT

April 201212

The fight against torture andother forms of ill-treatment inAfrica was given newimpetus in October 2002,when the AfricanCommission on Human andPeoples Rights (the AfricanCommission), at its 32nd

Ordinary Session, adoptedthe Guidelines and Measuresfor the Prohibition andPrevention of Torture, Cruel,Inhuman or DegradingTreatment or Punishment inAfrica, commonly known asthe Robben IslandGuidelines. TheseGuidelines were developedfrom an expert workshoporganized by the AfricanCommission in collaborationwith the Association for thePrevention of Torture (APT),and other stakeholders, inRobben Island, South Africa,and are a product of thecollective endeavor ofAfricans whose mainobjective was to deal with thephenomena of torture andother forms of ill-treatment onthe continent. The adoption ofthe RIG underscores theefforts of the AfricanCommission towardsaddressing the prevalent

THE 10TH ANNIVERSARY OF THE ROBBEN ISLANDGUIDELINES: A TIME TO TAKE STOCK

problem of torture and ill-treatment in Africa.

The Robben IslandGuidelines (RIG) are a set ofprinciples and measures onthe prevention of torturecomprising fifty articles,divided into three parts. Thefirst part outlines a range ofmeasures that States mustadopt to give effect to theabsolute prohibition oftorture; the second part setsout a range of preventivemeasures covering thedifferent stages of criminalprocedure and the third partoutlines ways of respondingto the needs of torturevictims. The RIG is a uniquetool which aims, on the onehand, at providing AfricanStates with specific guidanceon how to fulfill theirnational, regional andinternational obligations, andon the other hand, atproviding civil society andother relevant actors with atool for challenging States totake action to eradicatetorture and ill-treatment. TheAfrican Commission hassince established theCommittee for the

Prevention of Torture inAfrica (formerly known asthe Follow-up Committee onthe Implementation of theRobben Island Guidelines),as its special mechanismmandated to promote andfacilitate the effectiveimplementation of theseGuidelines in States Parties.

The year, 2012, marks 10years after the historicRobben Island workshopwhich led to the drafting andadoption of the RobbenIsland Guidelines. Ten yearsafter the adoption of the RIG,it is time to take stock of whathas been done so far, shareand collect existing goodpractices in relation tonational implementation ofthe RIG and identify gapsthat need to be filled. In thisregard, the AfricanCommission, the APT aswell as other partners,envisage holding a regionalexpert meeting that wouldgather selected actors fromdifferent sectors anddifferent African countrieswhich have managed toachieve concrete goals in theprevention of torture. This

April 2012 13

stock taking would aim atstimulating renewedimpetus towards furthersteps on torture preventionon the continent. Themeeting would also providea platform to strengthen theprofile and the role of theCPTA as a regional catalystfor a better implementationof the Robben IslandGuidelines.

The expert meeting which isexpected to take place inSouth Africa, the birth placeof the RIG, during the lastweek of August 2012, willrun for two days and willbring together actors fromcountries which have madesome progress in theimplementation of the RIGsuch as Uganda,Madagascar, Senegal, Togo,

Ghana, Benin, Cameroon,and Mauritania. Participantswill also includerepresentatives from theAfrican Commission and theCPTA, African NationalPreventive Mechanisms,African National HumanRights Institutions, lawenforcement officials, theJudiciary, Parliamentarians,civil society organizations,Government ministries aswell as African andinternational expertsincluding UN mechanismsand some of the drafters ofthe RIG.

It is hoped that, the expertmeeting will providesignificant impetus to theprevention of torture inAfrica by providing Africantorture prevention actors

with additional tools andmotivation for furtherinitiatives towards theeffective implementation ofregional and internationalnorms on the prohibition andprevention of torture. Inparticular, best practices onnational implementation ofthe RIG will be shared andused to outline key elementswhich will allow the CPTA todevelop institutional papersaimed at providingauthoritative guidance onsome of the major themes ofthe RIG; thus its role andcapacity to influence otheractors to effectivelyimplement the RIG will bereinforced

April 201214

STATUS OF RATIFICATION OF THE CONVENTION AGAINSTTORTURE AND OTHER CRUEL, INHUMAN OR DEGRADINGTREATMENT OR PUNISHMENT (CAT) AND ITS OPTIONAL

PRTOCOL (OPCAT), THE CRIMINAILZATION OF TORTURE ANDAPPLICABLE PENALTIES IN AFRICAN COUNTRIES

CAT

OPCAT

s/n

Country

Signed

Ratified/ acceded

Signed

Ratified/ acceded

Criminalization

of torture

Penalty

1 Algeria 26/11/85

12/09/89

x x Art 263 bis Criminal

Code

5-10 years imprisonment

2 Angola x x x x x x 3 Benin 12/03/92 20/09/06 pending x 4 Botswana 08/09/00 08/09/00 x x x x 5 Burkina Faso x 0a4/01/96 x 07/07/10

x x

6 Burundi x 18/02/93 x x Art 196, 197, 200 – 209 Law n°1/05 of

22/04/2009on the modification of the

penal code

10-15 years imprisonment. 20 years or life imprisonment depending on

aggravating circumstances

7 Cameroon x 19/12/86 15/12/09 x Art 132 bis Penal Code Life imprisonment or terms of imprisonment and a fine depending

on aggravating circumstances or effects of the torture on the victim.

8 Cape Verde x 04/06/92 x x x x 9 Central

African Republic

x x x x x x

10 Chad x 09/06/95 x x x x 11 Comoros 22/09/00 12 Cote d’Ivoire 18/12/95 13 Democratic

Republic of Congo

x 18/03/96

x 23/09/10

Bill passed by

Parliament

???

14 Republic of the Congo

x 30/07/03 29/09/09 x X X

15 Djibouti x 03/11/02 x x X x 16 Egypt x 25/06/86 x x Art 126 Penal Code 3-10 years imprisonment 17 Equatorial

Guinea x 08/10/02 x x Art 3 Act No. 6/2006 on

the Prevention of and Disciplinary

Measures against Torture

Prison terms between six months and six years, a fine of 300.000 CFA and a

ban from holding public office for twice the

period of imprisonment 18 Eritrea x x x x x x 19 Ethiopia x 14/03/84 x x x x 20 Gabon 21/01/86 08/09/00 x 22/09/10 x x 21 Gambia 23/10/85 x x x x x 22 Ghana 07/09/00 07/09/00 06/11/06 x x x

April 2012 15

23 Guinea 30/05/86 10/10/89 16/09/05 x x x 24 Guinea

Bissau 12/09/00 x x x X x

25 Kenya x 21/02/97 x x Pending x 26 Lesotho x 12/11/01 x x x 27 Liberia x 22/09/04 x 22/09/04 Pending x 28 Libya x 16/05/89 x X x 29 Madagascar 03/12/05 13/01/06 24/09/03 x Art 2, 10-12 Law

n°08/2008 of 25 June 2008 on torture and

other cruel, inhuman and degrading

treatment

2-5 years imprisonment. From 5 years to life imprisonment

depending on aggravating circumstances

30 Malawi x 11/06/96 x x x x 31 Mali 09/12/99 x 12/05/05 x x 32 Mauritania 17/11/04 17/12/04 27/09/11 x x x 33 Mauritius x 09/12/92 x 21/06/05 Art 78 Criminal Code 5 years imprisonment 34 Morocco 08/01/86 21/06/93 x x X x 35 Mozambique 14/09/99 x x X x 36 Namibia 28/11/94 x x Pending

x

37 Niger 05/10/98 x x X x 38 Nigeria 28/07/88 28/06/01 x 22/07/09 Pending x 39 Rwanda 15/12/09 x x X x 40 Soa Tome and

Principe 06/09/00 x x x X x

41 Senegal 04/02/85 21/08/86 x 18/10/06 Art 296-1 Penal Code ? 42 Seychelles 05/05/92 x x 42 Sierra Leone 18/03/85 25/04/01 26/09/03 x x

44 Somalia 24/01/90 x x 45 South Africa 29/01/93 10/12/98 20/09/06 x x 46 Sudan 04/06/86 x x x 47 Swaziland 26/03/04 x x x 48 Tanzania x x x

49 Togo 25/03/87 18/11/87 x 20/07/10 Pending x 50 Tunisia 26/08/87 23/09/88 x 01/06/11 Art 101 Penal Code 8 years imprisonment 51 Uganda x 03/11/86 x Pending 52 Western

Sahara Territory

x x x x X

53 Zambia x 07/10/98 27/09/10 x x 54 Zimbabwe X x X x x

April 201216