Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although the constitution and law prohibit torture and other cruel, inhuman, or degrading punishment, human rights observers stated government officials continued to employ such practices with impunity. In 2016 the legislature promulgated a new criminal code that reconciles national law with international conventions on torture.
Abuse of inmates in prisons and in judicial police and gendarme detention centers continued at previous levels. Gendarmes and police designated as “judicial police officers” (OPJs) routinely abused detainees to coerce confessions. Human rights activists noted the most egregious abuses occurred during arrest or in gendarme detention centers. Human rights associations indicated the complainants often presented evidence of abuse and prison wardens did not investigate these complaints. According to nongovernmental organizations (NGOs), guards abused detainees, including children, and coerced some women into exchanging sex for better treatment.
In 2012 two civil society NGOs submitted a complaint on behalf of 16 individuals for arbitrary detention and torture committed in 2010 at the Gendarmerie of Hamdallaye. The trial finally started in April. The accused included, among others, a former chief of staff of the army and a former governor of Conakry. They were charged with arresting and torturing approximately 17 persons in 2010.
Prison and Detention Center Conditions
Conditions in civilian prisons, which are under the supervision of the Ministry of Justice, remained harsh and life threatening. Abuse, poor sanitation, malnutrition, disease, and lack of medical attention were pervasive throughout the prison system, and worse in gendarme and police detention facilities.
Physical Conditions: Overcrowding remained a problem in all prisons. An EU-financed survey revealed that prison management and operations remained deficient. Government-funded rehabilitation programs were nonexistent, and NGOs performed the work. A Spanish government program to build a new central prison was sidelined as the contractor was convicted of embezzlement of project funds in Spain.
Authorities held minors in a separate sections at prisons and detention facilities, where they slept on iron bunk beds with no mattresses or on the floor because it was too hot on the upper bunks below the building’s metal roof. Prison officials did not separate pretrial detainees from convicted prisoners, and the prison system often was unable to track pretrial detainees after arrest.
In the two main prisons outside of Conakry and in gendarmerie detention centers, men and women were intermingled. There was no juvenile detention system, and officials generally held juveniles with adults in prisons outside the capital. Men, women, and children were intermingled at gendarmerie detention centers, sometimes with women sleeping in hallways outside the prison cells. Violence and the need to bribe guards for miscellaneous services continued to be problems.
Lack of health-care personnel and medicine in prisons, combined with malnutrition and dehydration, made infection or illness life threatening; cases of beriberi were recorded, and the deaths of prisoners were seldom investigated. Only two of the 31 prisons had a full-time doctor and medical staff, but they lacked adequate medicine and funds. The Conakry Central Prison (CCP) had a sick ward where approximately 30 patients were crowded into a room 15 by 30 feet. Prisoners relied on family members, charities, or NGOs to bring medication, but visitors often had to pay bribes to provide the medicine to prisoners. There were reports of detainees’ deaths. As of September at least nine prisoners had died at the CCP. The circumstances around their deaths remained unclear. Mismanagement, neglect, and lack of resources were prevalent. Toilets did not function, and prisoners slept and ate in the same space used for sanitation purposes. Access to drinking and bathing water was inadequate. Many prisons were former warehouses with little ventilation. Temperatures were stifling, and electricity was insufficient.
NGOs reported endemic malnutrition throughout the prison system. Authorities provided food at the CCP, but most prison directors relied on charities, the International Committee of the Red Cross (ICRC), and NGOs to provide food for inmates. The CCP claimed it began providing two meals a day to all inmates in 2011; however, NGOs reported prisoners in Conakry and elsewhere still received only one meal per day and that many relied on food from their families or other outside sources. Relatives often abandoned prisoners due to the difficulty and cost of travel to prisons and because guards often demanded bribes for delivering food, which they then frequently confiscated.
In May the Ministry of Health and the Ministry of Justice agreed to create a national prison health strategy as part of the national public health system.
The UN Office of the High Commissioner for Human Rights in Guinea and NGOs noted that conditions at gendarmerie detention centers, intended to hold detainees for not more than two days while they awaited court processing, were much worse than in prisons. Such “temporary” detention could last from a few days to several months, and facilities had no established system to provide meals or medical treatment. As in the case of prisons, gendarmerie facilities were dank and fetid. The government routinely suspended habeas corpus.
Although the Ministry of Justice administered civilian prisons, at times prisoners controlled cell assignments and provided better conditions to prisoners who were able to pay. In addition prison administrators and gendarmes at the detention centers reported receiving directives from their military or gendarme superiors, even when they directly conflicted with orders from the Ministry of Justice. Rumors persisted that guards ignored court orders to free prisoners until bribes were paid.
Administration: Prison authorities did not investigate credible allegations of abuse or inhuman prison conditions. An inspector general of prisons in the Ministry of Justice had responsibility for handling complaints, but this rarely occurred. Prisoners and detainees have the right to submit complaints but seldom did so due to possible reprisals from prison guards or gendarmes. Prisoners must use a lawyer to file a complaint, but lawyers were scarce and expensive. The local NGO Equal Rights for All (MDT) stated religious practice was restricted at prisons other than the CCP.
Independent Monitoring: The government permitted prison visits by local humanitarian and religious organizations that offered medical care and food to those in severe need. Local NGOs–such as MDT and the Association for the Support of Refugees, Displaced Persons, and Detainees–as well as volunteers and religious groups received regular and unimpeded access to the CCP. The ICRC had regular access to all civilian prisons and detention facilities and continued partnership programs with prison and other security authorities to improve civilian prison conditions. The government also allowed international organizations and NGOs access to detention centers operated by the gendarmerie.
Conditions in military prisons, which were under the Ministry of Defense, could not be verified since the government denied access to prison advocacy groups and international organizations. Although military authorities claimed they did not hold civilians at military prisons, previous cases contradicted this assertion. Reports indicated a prison continued to exist at a military camp on Kassa Island, but authorities refused to permit independent monitoring.
According to the United Nations, an allegation of sexual exploitation and abuse against a police peacekeeper from Guinea reported in 2017 was pending. The Ministry of Security reported that the individual had been disciplined. The case alleges sexual exploitation (transactional sex) involving a police officer deployed in the UN Organization Stabilization Mission in the Democratic Republic of the Congo. UN payment was suspended; investigations by the United Nations and the government of Guinea were pending.