Rights Watch that “as a rule suspects are only handcuffed depending on the gravity of crime they are accused of and in the instance of violent dispensation and during transportation.”104 Several detainees held in isolation cells in Chalama Bet described being handcuffed for prolonged periods of time, not only in transit and during interrogations but also while in their cells.105 L.V., who was handcuffed for five months in Chalama Bet, explained the difficulty he faced as a result: My hands were chained behind my back. When I wanted to stand up it was hard: I had to use my head, legs, and the walls to stand up. I was still chained when I was eating. They would chain my hands in front of me while I ate and then chain them behind me again afterwards. It was also very difficult to remove my trousers when I went to the toilet.106
Solitary Confinement Prolonged solitary confinement is ill-treatment and may amount to torture, and facilitates abuse.107 While the Minister of Federal Affairs rejected claims regarding the use of solitary confinment in Maekelawi, some detainees told Human Rights Watch they were held in isolation during the initial phase of their investigation in Chalama Bet and in Tawla Bet. Former detainees interviewed by Human Rights Watch said that they had been held from a few days to up five months in solitary confinement. Some only saw guards or police investigators during this period.108 Several high-profile individuals held under the
E.S.C. res. 663C, 24 U.N. ESCOR Supp. (No. 1) at 11, U.N. Doc. E/3048 (1957), amended E.S.C. res. 2076, 62 U.N. ESCOR Supp. (No. 1) at 35, U.N. Doc. E/5988 (1977), para. 33. 104
See Annex IV.
105
Human Rights Watch interview with H.H., Nairobi, July 3, 2013; A.A., Nairobi, June 27, 2013; F.H., location withheld, June 27, 2013; and H.J., Nairobi, July 9, 2013. 106
Human Rights Watch telephone interview with L.V., July 18, 2013.
107
According to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, “Depending on the specific reason for its application, conditions, length, effects and other circumstances, solitary confinement can amount to a breach” of the prohibition against torture and other illtreatment under the ICCPR and the Convention against Torture. “In addition, the use of solitary confinement increases the risk that acts of torture and other cruel, inhuman or degrading treatment or punishment will go undetected and unchallenged.” UN General Assembly, Interim report of the Special Rapporteur of the Human Rights Council on torture and other cruel, inhuman or degrading treatment or punishment, August 5, 2011, A/66/268, para. 80. 108
Human Rights Watch interview with H.H., Nairobi, July 3, 2013; A.A., Nairobi, June 27, 2013; and S.J., Nairobi, September 13, 2012.
“THEY WANT A CONFESSION”
32