The National Human Rights Commission (NHRC) in its 2024 report on human rights, has urged the Ministry of Interior (MOI) to collaborate with the Ministry of Justice (MOJ) to develop training manuals for law enforcement officers on the Prevention and Prohibition of Torture as stated in the Torture Act of 2023.
The enactment of the Prevention and Prohibition of Torture Act 2023 establishes the legal framework for the prohibition of torture and all other forms of inhuman and degrading treatment.
As part of its mandate to monitor, receive, investigate and consider complaints of human rights violations in the Gambia, including violations by private persons and entities, the commission said it received four (4) complaints of alleged torture, cruel, inhuman or degrading treatment by security officials, during its reporting year.
“Two of the complaints were against officers of the Gambia Police Force – alleged forceful arrest and assault by two Police Officers on 25th July, 2024, and alleged assault and battery by a PIU Officer during a clash between the PIU and youths of Wellingara over a disputed land on 16th August, 2024,” it said.
The third complaint was an allegation of assault by an Immigration Officer, which incident took place on 27th August, 2024. The complainant alleged that he reported the incident at the Sanyang Police Station, which, instead of investigating the matter, redirected him to complain to the Immigration Department.
“Investigations by the Commission established that the civilian was assaulted by the Immigration Officer and recommended that the Police handle the complaint as a criminal matter. The case was subsequently referred to the Immigration Department, and disciplinary action has been taken against the officer,” the commission stated.
It further reminded the government of the General Assembly Resolution 55/89, which obligates States to promptly and effectively document and investigate all complaints and reports of torture, other cruel, inhuman or degrading treatment or punishment, including in cases where an express complaint is not yet made. Still, there are other indications that torture or ill treatment might have occurred.
“The NHRC commends the State for ratifying and domesticating the Convention Against Torture (CAT). However, the Commission urges the State to also ratify the Optional Protocol to the Convention Against Torture (OPCAT). The OPCAT, adopted by the UN General Assembly in 2002, supplements the CAT and aims to prevent torture and ill-treatment through regular visits to places of detention by the National Preventive Mechanism,” it said, noting that the ratification of OPCAT will ensure that the State establishes the National Preventive Mechanism. This independent national body will have the responsibility of conducting regular visits to places of detention and proposing recommendations for improvement.
Recommendations
1. The Ministry of Interior is to work with the Ministry of Justice and the National Assembly to expedite the ratification and domestication of the OPCAT.
2. The Ministry of Justice is to take necessary steps to coordinate the submission of the Initial report on the OPCAT.
3. The Ministry of Interior is to take appropriate steps to promptly investigate allegations of torture and other cruel or degrading treatment or punishment by State agents.
4. The Ministry of Interior, in collaboration with the Ministry of Justice, is to develop training manuals on the Prevention and Prohibition of Torture Act, 2023, for law enforcement officers.
5. The Ministry of Interior to continue training of Law enforcement officers on the Prevention and Prohibition of Torture Act 2023.
