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Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports. Report submitted by Mr. Ambeyi Ligabo, Special Rapporteur on the right to freedom of opinion and expression E/CN.4/2003/67/Add.2 Issues raised: Government support: Non-governmental organizations also complained about the lack of support, in particular financial support, from the Government to carry out their tasks, especially for those running activities with a marked social interest, willing to be the voice of people without voice, like the elderly, youths, women, the girl child, etc. (Paragraph 45) OP ratifications: The Government may wish to proceed further with the ratification of international human rights instruments and their Optional Protocols such as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; the Optional Protocols to the Convention on the Rights of the Child on children in armed conflicts and on child prostitution and child pornography. (Paragraph 66). --------------------- Report of the Working Group on Arbitrary Detention A/HRC/7/4/Add.3 Issues raised: Separation by age: Article 520 of the Criminal Procedure Act provides that the treatment of a prisoner, whether convicted or in pretrial detention, must occasion the least possible suffering for the person in question and for his or her reputation. It also defines possible restrictions on freedoms and communications, and stipulates that prisoners must be separated according to sex, age, education and criminal record. (Paragraph 24). Age of criminal responsiblity: Under the former Spanish Criminal Code of 1963, which is in force in Equatorial Guinea, the minimum age of criminal responsibility is 16 years. Although the Code provides for extenuating circumstances for persons aged between 16 and 18, no specific provisions exist regarding their detention, including pretrial detention. (Paragraph 43). Juvenile court: Decree-Law No. 4/1980 refers to the Tribunal Tutelar de Menores (minors’ court) established by the Spanish law of 11 June 1948. In Spain this court was responsible for trying offences committed by minors aged under 16. However, the Working Group has no evidence that this minors’ court is in operation in Equatorial Guinea. There are no special courts for minors. Minors who commit less serious offences are usually taken to police stations, where they sometimes spend several days or weeks and are then handed back to their families, sometimes on the condition of carrying out community work. Minors who commit serious offences are sent to prisons for adults if they have reached the age of criminal responsibility - 16 years. (Paragraph 44). Migrant detention: The Working Group was able to interview many immigrants in Malabo central police station who were awaiting deportation. Those who have difficulty proving their identity or their nationality, or those who come from distant countries, can remain in detention for an indefinite period while their situation is being clarified or until they can be deported. The Working Group found that the authorities do not provide the minimum conditions of detention as regards food and drinking water, sanitary conditions and hygiene. Detainees have to wait to receive food and medical aid from the city, which is extremely complicated or even impossible for foreigners with no contacts in the population. The Working Group noted the presence in the cells, among adults, of a 12-year-old Nigerian boy. (Paragraph 83). Detention conditions: Unlike Malabo, almost no foreign citizens are being held in Bata police station. This police station has only one detention area: a small room in which, in total darkness and filth, some 40 detainees are crowded together. Not only are there no beds, cots or mattresses, there is not even enough space for all the detainees to lie down at the same time to sleep on the floor. Furthermore, there is no separation between men, women, children or adolescents. The Working Group spoke, in that cell, to a pregnant woman and a 13-year-old girl. (Paragraph 89). Recommendations (m) The possibility of establishing a modern juvenile justice system should be examined and the presence of minors in prisons and detention centres alongside adults should be prohibited. ------------------- Preliminary note of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak* A/HRC/10/44/Add.1 Issues raised: Separation in detention: Women and children are not separated from male adults in prisons or in police and gendarmerie custody and are therefore extremely vulnerable to sexual violence and other forms of abuse. This is a clear violation of international norms. (Paragraph 16). Recommendations Separation in detention: In addition to the foregoing, a number of steps should be taken in the immediate future to address the most urgent human rights concerns (Paragraph 19). (b) Strictly separate women and minors from adult men in all places of detention; -----------------
Please note that the language may have been edited in places for the purpose of clarity.
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9 January 2003
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