Torture and other cruel, inhuman or degrading treatment: their impact on human rights enforcement in Kenya
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Date
2011-08
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Kampala International University; School of Law
Abstract
Torture and other cruel, inhuman, or degrading treatment. The constitution prohibits such practices; however, security forces continue to use torture and physical violence during interrogation and to punish both pre-trial detainees and convicted prisoners. Although authorities periodically issue directives against the use of torture by police, the problem persists and remains a serious problem. The Government has not provided information on the number of cases of torture that occur yearly. Human rights organizations, churches, and the press highlights and criticizes numerous cases of torture and several cases of indiscriminate beatings of groups of persons by police every year. Common methods of torture practiced by police include hanging persons upside down for long periods, genital mutilation, electric shocks, and deprivation of air by submersion of the head in water. Prison conditions are harsh and life threatening. Prisoners are subjected to severe overcrowding, deficient health care, and unsanitary conditions, and receive inadequate water, diet, and bedding. Police and prison guards subject prisoners to torture and in human treatment. Rape of both male and female inmates, primarily by fellow inmates, is a serious problem, as is the increasing incidence of HIV/AIDS. Disease in prisons is widespread, and the death rate is high. Prisoners sometimes are kept in solitary confinement far longer than the maximum 90 days allowed by law. Prisoners and detainees frequently are denied the right to contact relatives or lawyers. Family members visiting prisoners face numerous bureaucratic and physical obstacles, each requiring a bribe. Taking effective legislative, administrative, judicial and criminalization of acts of torture and improvement of the prison conditions will go a long way in alleviating torture and other cruel or inhuman and degrading treatment.
Description
A dissertation submitted to the Faculty of Law in partial fulfillment of the requirements for the Award of a Bachelor's Degree of Law of Kampala International University
Keywords
Torture, Degrading Treatment, Human rights enforcement, Kenya