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Burma

Executive Summary

Burma has a quasi-parliamentary system of government in which the national parliament selects the president and constitutional provisions grant one-quarter of parliamentary seats to active-duty military appointees. The military also has the authority to appoint the ministers of defense, home affairs, and border affairs and one of two vice presidents, as well as to assume power over all branches of the government should the president declare a national state of emergency. In 2015 the country held nationwide parliamentary elections that the public widely accepted as a credible reflection of the will of the people. The National League for Democracy (NLD) party leader Aung San Suu Kyi was the civilian government’s de facto leader and, due to constitutional provisions preventing her from becoming president, remained in the position of state counsellor. During the year parliament selected NLD member Win Myint to replace Htin Kyaw as president, and the country held peaceful and orderly by-elections for 13 state and national offices.

Under the constitution, civilian authorities have no authority over the security forces; the armed forces commander in chief, Senior General Min Aung Hlaing, maintained effective control over the security forces.

Independent investigations undertaken during the year found evidence that corroborated the 2017 ethnic cleansing of Rohingya in Rakhine State and further detailed the military’s killing, rape, and torture of unarmed villagers during a campaign of violence that displaced more than 700,000 Rohingya to neighboring Bangladesh. Some evidence suggested preparatory actions on the part of security forces and other actors prior to the start of violence, including confiscation of knives, tools, iron, and other sharp objects that could be used as weapons in the days preceding attacks by the Arakan Rohingya Salvation Army (ARSA). An additional 13,764 Rohingya fled to Bangladesh between January and September. The government prevented assistance from reaching displaced Rohingya and other vulnerable populations during the year by using access restrictions on the United Nations and other humanitarian agencies. The military also committed human rights abuses in continuing conflicts in Kachin and Shan States.

Human rights issues included reports of unlawful and arbitrary killings by security forces; torture; harsh and sometimes life-threatening prison conditions; political prisoners; arbitrary or unlawful interference with privacy; arbitrary arrest and prosecution of journalists and criminalization of defamation; substantial interference with the rights of peaceful assembly and freedom of association, including arrests of peaceful protesters and restrictions on civil society activity; restrictions on religious freedom; significant restrictions on freedom of movement, in particular for Rohingya; corruption by some officials; unlawful use of child soldiers by the government; trafficking in persons; crimes involving violence or threats targeting members of national, ethnic, and religious minorities; and the use of forced and child labor. Consensual same-sex acts among adults remained criminalized, although those laws were rarely enforced.

Although the government took some limited actions to prosecute or punish officials responsible for abuses, the vast majority of such abuses continued with impunity.

Some nonstate groups committed human rights abuses, including killings, unlawful use of child soldiers, forced labor of adults and children, and failure to protect civilians in conflict zones. These abuses rarely resulted in investigations or prosecutions.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits torture; however, members of security forces reportedly tortured and otherwise abused prisoners, detainees, and other citizens and stateless persons in incidents not related to armed conflict. Such incidents occurred, for example, in Rakhine and Kachin States. The government did not launch any investigation into reports of sexual violence by the military in prior years.

Security forces reportedly subjected detainees to harsh interrogation techniques designed to intimidate and disorient, including severe beatings and deprivation of food, water, and sleep. Human rights groups continued to report incidents of torture in ethnic minority areas. Authorities generally took no action to investigate incidents or punish alleged perpetrators.

At least two contingents of Border Guard Police (BGP) in northern Rakhine State in August 2017 tortured and otherwise abused 25 Rohingya men and boys, according to a report released during the year by Amnesty International. Torture included severe beatings, burnings, and sexual violence lasting several days or even weeks. One Rohingya teenager described being beaten severely while hung from a chain attached to the ceiling, first with a hard plastic stick, and then with gloves filled with nails.

On August 21, Human Rights Watch reported that the BGP apprehended and tortured six Rohingya refugees who fled to Bangladesh in 2017 and had since returned to Rakhine State. Authorities, accusing them of illegal border crossing, tried the refugees in Burmese, which they did not understand, and sentenced them to four years in prison.

Prison and Detention Center Conditions

The Ministry of Home Affairs operates the prison system and continued during the year to significantly restrict access by international organizations–other than the International Committee of the Red Cross (ICRC)–to prison and detention facilities generally. The military also operates detention facilities and did not permit access. There were continued reports that conditions in prisons and labor camps were harsh and sometimes life threatening due to overcrowding, degrading treatment, and inadequate access to medical care and basic needs, including food, shelter, and hygiene, although observers noted some minor improvement in more centrally located prisons.

Physical Conditions: The Department of Corrections under the Ministry of Home Affairs operated an estimated 47 prisons and 48 labor camps, officially called “agriculture and livestock breeding career training centers” and “manufacturing centers,” according to the government. More than 20,000 inmates were serving their sentences in these labor camps across the country. Authorities reportedly sent prisoners whose sentences did not include “hard labor” to labor camps in contravention of the law and rented out prisoners as labor to private companies. In spite of reforms in recent years, conditions at these camps remain life threatening for some, especially at 18 camps where prisoners work as miners.

A prominent human rights group estimated there were more than 90,000 prisoners; women and men were held separately. Overcrowding was reportedly a serious problem in many prisons and labor camps; a human rights group reported that occupancy at the country’s largest prison was more than double capacity. Some prisons held pretrial detainees together with convicted prisoners. Authorities held some political prisoners separately from common criminals, but political prisoners whom authorities arrested for problems related to land rights were generally held together with common criminals.

Medical supplies and bedding were often inadequate. Bedding sometimes consisted of a single mat, wooden platform, or laminated plastic sheet on a concrete floor. Prisoners did not always have access to potable water. In many cases family members had to supplement prisoners’ official rations with medicine and basic necessities. Inmates reportedly paid wardens for necessities, including clean water, prison uniforms, plates, cups, and utensils.

Detainees were unable to access adequate and timely medical care. Prisoners suffered from health problems, including malaria, heart disease, high blood pressure, tuberculosis, skin diseases, and stomach problems, caused or exacerbated by unhygienic conditions and spoiled food. Former prisoners also complained of poorly maintained physical structures that provided no protection from the elements and had rodent, snake, and mold infestation.

There were reports of custodial deaths due to health problems associated with prison conditions and lack of adequate and timely medical care.

Prison conditions in Rakhine State were reportedly among the worst, with hundreds of Rohingya arbitrarily detained in prison and nonprison facilities, denied due process, and subjected to torture and abuse by Rakhine State prison and security officials.

Administration: Some prisons prevented full adherence to religious codes for prisoners, ostensibly due to space restrictions and security concerns. For example, imprisoned monks reported authorities denied them permission to observe Buddhist holy days, wear robes, shave their heads, or eat on a schedule compatible with the monastic code. Citing security considerations, authorities denied permission for Muslim prisoners to pray together as a group, as is the practice for Friday prayers and Ramadan. Prisoners and detainees could sometimes submit complaints to judicial authorities without censorship or negative repercussions. The ICRC followed up with relevant authorities on allegations of inappropriate conditions.

Independent Monitoring: Although the ICRC had unfettered access to prisons, prisoners, and labor camps, it did not have access to military detention sites. The ICRC reported its findings through a strictly confidential bilateral dialogue with prison authorities. These reports were neither public nor shared with any other party.

d. Arbitrary Arrest or Detention

The law does not specifically prohibit arbitrary arrest, and the government continued to use the Unlawful Associations Act to arrest persons, often in ethnic and religious minority areas, on an arbitrary basis.

The law allows authorities to extend sentences after prisoners complete their original sentence. The law allows authorities to order detention without charge or trial of anyone they believe is performing or might perform any act that endangers the sovereignty and security of the state or public peace and tranquility. The civilian government and the military continued to interpret these laws broadly and used them arbitrarily to detain activists, student leaders, farmers, journalists, political staff, and human rights defenders.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Home Affairs is generally responsible for the country’s internal security, with oversight of the Myanmar Police Force (MPF) and the General Administration Department, which has a role in security planning as part of its overall civil administrative responsibilities. The home affairs ministry is led by an active-duty military general who is nominated by the armed forces commander in chief in accordance with the constitution.

In conflict and some cease-fire areas, and in northern Rakhine State, representatives from the Ministry of Border Affairs, also led by an active-duty military general appointed by the commander in chief, have significant roles in security planning, as does the military itself. In these areas, lines of authority for internal security may be blurred. During the operations in northern Rakhine State beginning in August 2017, military commanders assumed primary control over all security arrangements and appeared to wield considerable operational influence over the BGP, which is administratively part of the MPF.

The MPF is a national police force with approximately 80,000 police officers. While the MPF continued to make progress in developing baseline capacity, there were still significant gaps in expertise and resources that posed challenges to building a force that effectively serves the public. The MPF specialized units devoted to counternarcotics, antitrafficking in persons, and other transnational crimes continued to make progress in developing operational and investigative capacity.

There were continued reports during the year of harassment and extortion of Rohingya by the BGP, including through surprise raids of private homes, usually with the involvement of the military, to inspect whether residents present matched official household lists. Such lists were often lost or damaged, and as a result these raids sometimes resulted in arbitrary detentions. The BGP also used excessive force. For example, BGP forces on June 28 shot an 11-year-old Rohingya boy in the leg near the border with Bangladesh without provocation while the boy was gathering firewood.

Civil society groups noted corruption remained a concern and that the MPF’s Special Branch continued to engage in surveillance and monitoring. Security forces continued to intimidate civilians through physical abuse and threats to livelihoods. Legal mechanisms exist to investigate abuses by security forces but were seldom used and generally perceived to be ineffective.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

While the law generally requires warrants for searches and arrests, personnel from the Office of the Chief of Military Security Affairs and police reportedly conducted searches and made arrests at will.

Except in capital cases, the law does not grant detainees the right to consult an attorney or, if indigent, to have one provided by the state. The government amended the legal aid law in May to provide the public access to fair and equal legal aid based on international standards and to ensure legal aid workers could operate independently and with legal protection, but by year’s end the legal aid system was not yet operational.

There is a functioning bail system, but bribery was a common substitute for bail. Bail is commonly offered in criminal cases, but defendants were often required to attend numerous pretrial hearings before bail was granted. In some cases the government held detainees incommunicado and refused detainees the right to consult a lawyer promptly.

There were reports of suspects in custody dying as a result of mistreatment by police. On September 26, Aung Aung, a taxi driver who was arrested September 12 with two men accused of theft, died after allegedly being beaten by police during his detention. The Myanmar National Human Rights Commission opened an investigation in the case.

Arbitrary Arrest: There were reports of arbitrary arrests, including detention by the military in conflict areas.

In May the military in northern Rakhine State rounded up dozens of Rohingya, almost all of them young men, who had previously fled to Bangladesh and returned informally. These Rohingya were processed for illegal entry into Burma and subsequently pardoned, allegedly on condition that they agree to be processed through the government’s official repatriation process.

Pretrial Detention: By law authorities may hold suspects in pretrial detention for two weeks (with a possible two-week extension) before bringing them before a judge or informing them of the charges against them. Lawyers noted police regularly detained suspects for the legally mandated period, failed to lodge a charge, then detained them for a series of two-week periods with trips to the judge in between. Judges and police sometimes colluded to extend detentions. According to lawyers, arbitrary and lengthy pretrial detentions resulted from lengthy legal procedures, large numbers of detainees, judicial inefficiency, widespread corruption, and staff shortages. Periods of detention prior to and during trials sometimes equaled or exceeded the sentence that would result from a guilty conviction.

Amnesty: On April 17, President Win Myint pardoned and the government released 8,541 prisoners, including 36 whom the Assistance Association for Political Prisoners-Burma considered political prisoners. The majority of the pardoned political prisoners were arrested under the Unlawful Associations Act on charges of affiliation with ethnic armed groups. The president also nullified a previous condition of political prisoners’ release under which they could be forced to serve the remaining prison term if convicted of any crime in the future.

Burundi

Executive Summary

The Republic of Burundi is a constitutional, multiparty republic with an elected government. The 2018 constitution, promulgated in June following a May referendum, provides for an executive branch that reports to the president, a bicameral parliament, and an independent judiciary. In 2015 voters re-elected President Pierre Nkurunziza and elected National Assembly (lower house) members in elections boycotted by nearly all independent opposition parties, who claimed Nkurunziza’s election violated legal term limits. International and domestic observers characterized the elections as largely peaceful but deeply flawed and not free, fair, transparent, or credible. There were widespread reports of harassment, intimidation, threatening rhetoric, and some violence leading up to the referendum and reports of compulsion for citizens to register to vote and contribute financially to the management of the elections planned for 2020.

Civilian authorities at times did not maintain control over the security forces.

Human rights issues included unlawful or arbitrary killings by the government; forced disappearances by the government; torture by the government; arbitrary arrest and politicized detention by the government; prolonged pretrial detention; harsh and sometimes life-threatening prison conditions; political prisoners; arbitrary or unlawful interference with privacy; threats against and harassment of journalists, censorship through restrictive legislation, internet site blocking, and criminal libel; substantial interference with the rights of peaceful assembly and freedom of association, such as overly restrictive nongovernmental organization (NGO) laws; restrictions on freedom of movement; restrictions on political participation, including elections that were not found to be genuine, free, or fair; corruption; trafficking in persons; crimes involving violence against women, lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, minority groups, and persons with albinism; criminalization of same-sex sexual conduct; and use of forced or compulsory or worst forms of child labor.

The reluctance of police and public prosecutors to investigate and prosecute and of judges to hear cases of government corruption and human rights abuse in a timely manner resulted in widespread impunity for government and National Council for the Defense of Democracy-Forces for the Defense of Democracy (CNDD-FDD) officials.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and penal code prohibit cruel, inhuman, or degrading treatment or punishment, but there were numerous reports government officials employed these practices. NGOs reported cases of torture committed by security services or members of the Imbonerakure. As of September Ligue Iteka reported 200 such cases, the majority allegedly committed by members of the Imbonerakure. According to HRW some Burundian refugees in other countries testified they had fled the country after they or their family members suffered rape and other sexual violence, torture, and illegal detention by members of the security forces.

In its 2018 report, the UN COI reported that torture and ill-treatment persisted and the methods employed remained consistent, while observing an “evolution in the profile of victims and perpetrators, as well as the goals pursued.” The report stated that since 2017 members of the Imbonerakure were the most frequent perpetrators of acts of torture but reported continued allegations of acts of torture by police officers, agents of the SNR, and Burundian National Defense Forces (BNDF) to a lesser extent. The report described acts of torture as primarily punitive, and aimed particularly at perceived political opponents. According to the UN COI, victims were beaten or kicked or were struck with stones, sticks, rods, metal bars or rifle butts, or were attacked with sharp objects such as machetes or knives. Some victims were burned with heated metal rods, including some who were tied up or handcuffed. In a number of cases, these acts were accompanied by death threats, intimidation, and verbal abuse.

Most such acts of torture and ill-treatment occurred in places of detention, including police or SNR holding cells, the Mpimba central prison in Bujumbura, and unofficial places of detention such as private homes. Several victims described conditions of detention in prisons and police cells that constituted cruel, inhuman or degrading treatment. For example, representatives of the nonrecognized FNL-Rwasa party and the Amizero Y’Abarundi coalition of political independents with which it was associated stated that security service members tortured detained members of the party, including individuals who participated in campaign activities prior to the May constitutional referendum.

Sexual violence remained pervasive and was often used as a means of torture to obtain information or confessions from detainees, although the COI and other observers assessed a trend toward sexual violence by government agents or members of the Imbonerakure being committed in private residences rather than in detention sites. A May report by HRW documented testimonies from Burundian refugees in Uganda and Tanzania that included accounts of acts of sexual violence committed by members of the Imbonerakure against political opponents in 2017 and during the year. Rape was also committed while police officers or members of the Imbonerakure arrested a victim’s spouse or relative accused of belonging to an opposition party.

The country has contributed peacekeepers to the African Union Mission in Somalia since 2008 and to the UN Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) since 2014. As of October there were almost 800 Burundian personnel serving in MINUSCA. The United Nations received three allegations of sexual exploitation and abuse (SEA) against three members of the Burundian military contingent serving with MINUSCA as of September, including one allegation of the rape of a minor. The allegations were pending investigation as of September. Burundian authorities were also investigating other SEA allegations against MINUSCA peacekeepers from Burundi referred to them by the United Nations in 2016 and 2015, in compliance with requirements of the UN Department of Peacekeeping Operations.

Prison and Detention Center Conditions

Prisons were overcrowded, and conditions remained harsh and sometimes life threatening. Conditions in detention centers managed by the SNR and in local “lock-ups” managed by police generally were worse than in prisons, and there were allegations that police and members of the SNR committed acts of torture, beating, and mistreatment of detainees. Prisons did not meet the standards established by the UN Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules).

Physical Conditions: The Office of Penitentiary Affairs reported that, as of September, there were 10,373 inmates, including 4,745 pretrial detainees, in 11 prisons, the majority of which were built before 1965, with the capacity to accommodate 4,194 inmates. Of the 10,373 inmates, 560 were women and 125 were juveniles. As of October authorities held 117 juveniles (most but not all of whom had been convicted; others were awaiting trial) in two juvenile rehabilitation facilities that opened in 2015; they were allowed to participate in recreational activities and received psychosocial support and preparation for eventual return to their families and communities. In addition, there were 82 children living with their incarcerated mothers. The most crowded prisons were Muramvya (30 miles from Bujumbura), where the inmate population was at 721 percent of capacity and Mpimba (in Bujumbura) which was at 513 percent of capacity. No information was available on the number of persons held in detention centers managed by the SNR or in communal jails operated by police. There was a prison for women in Kayanza. Authorities commonly held pretrial detainees with convicted prisoners. No data were available on the number of deaths in detention, reports of abuse by guards, or prisoner-on-prisoner violence. There were reports of physical abuse by government officials, lack of adequate medical treatment, and prolonged solitary confinement.

Prisons did not have adequate sanitation systems (toilets, bathing facilities), drinking water, ventilation, or lighting. Prisons and detention centers did not have facilities for persons with disabilities.

According to government officials and international human rights observers, many prisoners suffered from intestinal illnesses and malaria (which were also pervasive in the country’s general population). An unknown number died from disease. Each inmate received approximately 12 ounces of manioc and 12 ounces of beans daily; rations also included oil and salt on some days. Authorities expected family and friends to provide funds for all other expenses. Each prison was required to employ at least one qualified nurse and received at least one weekly visit by a doctor, but positions were sometimes vacant and prisoners did not always receive prompt access to medical care; inmates with serious medical conditions were sent to local hospitals.

Administration: Prison authorities allowed prisoners to submit complaints to judicial authorities without censorship, but they rarely investigated prisoners’ complaints. There were credible reports of mistreatment of prisoners, but no record that abusers were punished. Visitors were authorized to see prisoners in most cases.

Independent Monitoring: The 2018 UN COI report documented the continued existence of numerous secret, unofficial detention facilities, including one located in the headquarters of the SNR. No independent monitors were allowed to visit these secret facilities. The September 2016 UN Independent Investigation on Burundi (UNIIB) report concluded there were “reasonable grounds to believe” security forces and Imbonerakure had established 13 places of detention that were denied or unacknowledged by the prosecutor general, according to victims UNIIB had interviewed. In its response to the UNIIB report, the government challenged UNIIB’s “reasonable grounds to believe” there were unacknowledged detention centers by asserting there was no tangible evidence to support the allegations.

The government permitted visits requested by the International Committee of the Red Cross (ICRC), the African Union, and the Independent National Commission on Human Rights (CNIDH). Monitors visited known official prisons, communal jails, and SNR detention centers regularly. Monitoring groups had complete and unhindered access to those prisoners held in known detention facilities. Since the government’s 2016 decision to suspend official cooperation with the Office of the UN High Commissioner for Human Rights (OHCHR) local office, the OHCHR was not allowed to conduct prison visits.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, but the government did not observe these prohibitions. The law provides for a fine of 10,000 Burundian francs ($5.65) and imprisonment of 15 days to one year for any member of the security forces found guilty of involvement in arbitrary arrest. Human rights groups reported numerous arbitrary arrests and detentions, including some involving the participation of Imbonerakure members. The UN COI described an ongoing trend of arbitrary arrests and detentions during the period of its mandate, starting in 2015, but it did not provide statistics. As of September Ligue Iteka documented 1,182 cases it deemed to be arbitrary arrests but was not able to document the subsequent disposition of all cases. Although regulations obligated government officials to notify family members of an arrest and allow communication, there were documented cases wherein families of arrested individuals did not receive timely notification or were not allowed contact with detainees.

Among other reasons for arbitrary arrests or detentions, police arrested persons on accusations of “undermining state security, participation in armed banditry, holding illegal meetings, illegal detention of weapons, or simply because they were traveling to or from other provinces or neighboring countries,” according to the OHCHR.

In 2017 there were reportedly 15 cases of children detained for “participation in armed groups, participation in an insurrectional movement, or illegal possession of arms,” all receiving legal assistance through CSOs. Some of those detained were subsequently convicted and sentenced. Those convicted were placed in government-run rehabilitation centers in Ruyigi and Rumonge provinces for children in conflict with the law and received psychosocial support, recreational activities, and preparation for eventual return to their families and communities. As of October, 14 of the 15 children arrested in 2017 were released; one was serving a sentence at the center in Rumonge. There were no further reports of children arrested under these provisions as of October.

NGOs reported numerous cases of individuals arrested without due process and accused of being part of or intending to join the armed opposition. Members of the nonrecognized FNL associated with National Assembly First Vice President Agathon Rwasa (FNL-Rwasa), and his Amizero Y’Abarundi coalition of political independents, stated that security service members arrested party members in retaliation for their political activism and membership in the party, including for political activities during the official campaign period before the May constitutional referendum. Authorities charged some of those identified with the FNL with threats to state security, participation in rebellion, or illegal possession of firearms.

In July 2017 Germain Rukuki, a former employee of the banned NGO Christian Action for the Abolition of Torture-Burundi, was arrested by SNR officials and subsequently transferred to Ngozi Prison. Rukuki was accused of acts against state security and rebellion; international and local human rights organizations criticized the nature of his detention and the charges against him as politically motivated. On April 26, Rukuki was convicted and sentenced to 32 years’ imprisonment, which he appealed. As of November his appeal was in progress. In June Rukuki broke his leg during a volleyball game in prison; he requested and was allowed access to medical treatment at a hospital in Ngozi. During his recovery following his operation, he was returned to prison; Rukuki and his lawyers argued that he needed more time for recovery in hospital. His lawyers applied for a provisional release on humanitarian grounds, but it was not granted.

In November 2017 Nestor Nibitanga, a human rights monitor and former representative of the banned NGO Burundian Association for the Protection of Human Rights and Detainees was arrested in Gitega and accused of acts against state security. On January 3–he was denied bail and on August 13–Nibitanga was convicted of the charges against him and sentenced to five years in prison; his lawyer stated that Nibitanga would appeal.

In June 2017 Emmanuel Nshimirimana, Aime Constant Gatore, and Marius Nizigiyimana, all employees of the NGO Speech and Action for the Raising of Consciousness and the Evolution of Mentalities (PARCEM) in Muramvya province were arrested and similarly charged with acts against state security. In March they were convicted and sentenced to 10 years in prison. Their lawyers appealed the conviction; a hearing scheduled in July was postponed and had not been held by year’s end.

Numerous reports from human rights activists continued to detail instances in which persons arrested allegedly had to pay bribes to be released. The amount demanded typically ranged from 5,280 to 52,800 Burundian francs ($3 to $30). A September 2017 Amnesty International report recounted instances wherein persons arrested by security forces or detained by members of the Imbonerakure were subjected to extortion and asked to pay between 200,000 and two million Burundian francs ($115 to $1,150). The 2017 UN COI report stated that members of the SNR, police, judiciary, and Imbonerakure often demanded large sums of money for the release of detainees or for their transfer to official prisons.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Police, which is under the Ministry of Public Security’s authority, is responsible for law enforcement and maintenance of order. The armed forces, which are under the Ministry of Defense’s authority, are responsible for external security but also have some domestic security responsibilities. The SNR, which reports directly to the president, has arrest and detention authority. Members of the Imbonerakure, who have no official arrest authority, were involved in or responsible for numerous detentions and abductions, according to reporting by multiple human rights organizations, and the Imbonerakure regularly took over the role of state security agents. In such cases Imbonerakure members often turned over arrested individuals to members of the official security services, but in some cases harassed or committed acts of violence against detained individuals without subsequently turning them over. The September report of the UN COI stated that the SNR and police continued to be the principal perpetrators of human rights violations but highlighted the increasing role played by members of the Imbonerakure. The UN COI found that impunity for these crimes was widespread and perpetuated by the lack of an independent judiciary.

The 2005 constitution provides for equal numbers of Hutu and Tutsi in the military, police, and the SNR to prevent either of these ethnic groups from having disproportionate power that might be used against the other. The SNR, however, did not achieve equilibrium between Hutu and Tutsi members, as a large majority remained Hutu; a slight majority of the police were Hutu. The May constitutional referendum removed the SNR from the security services subject to ethnic quotas but maintained the quotas for other institutions; it also maintained a clause providing for a review of the quotas by the Senate at a future date. The composition of the BNDF remained close to the quota requirement.

Police were often poorly trained, underequipped, underpaid, and unprofessional. Local citizens widely perceived them as corrupt, often demanding bribes and engaging in criminal activity. The Anticorruption Brigade, which reports to the minister in Charge of Good Governance in the Office of the President, is responsible for investigating police corruption but was widely perceived to be ineffective.

A significant proportion of police were former rebels. Approximately 85 percent of police received minimal entry-level training but had no refresher training in the past five years, while 15 percent received no training. Wages were low and petty corruption widespread.

Police were heavily politicized and responsive to the CNDD-FDD. Police officials complained that members of the Imbonerakure had infiltrated their ranks. CSOs claimed the weaponry carried by some supposed police officers was not in the official arsenal. Some police officers prevented citizens from exercising their civil rights and were implicated in or responsible for summary executions, arbitrary arrests and detentions, enforced disappearances, acts of torture and cruel, inhuman, and degrading treatment and sexual violence. The September UN COI report stated that the Antiriot Brigade and the Protection of Institutions unit continued to be significant perpetrators of grave violations of human rights since 2015. The government rarely investigated and prosecuted these cases, which resulted in widespread police impunity and politicization.

In its response to the 2017 UN COI report, the government admitted that, “certain elements of the security forces have overstepped the framework of their competencies.” The government stated they had been held accountable by the justice system but provided no supporting documentation.

Mixed security committees, whose members came from local government, regular security services, and the citizenry, operated in towns and villages throughout the country. Local government authorities designed the committees to play an advisory role for local policymakers and to flag threats and incidents of criminality for local administration. Members of the Imbonerakure frequently occupied positions on the mixed security committees that were reserved for local citizenry, giving them a strong role in local policing, which permitted the ruling party to harass and intimidate opposition members and those perceived to favor the opposition on the local level. Government officials and a spokesperson for the CNDD-FDD confirmed that Imbonerakure members participated in mixed security committees. The mixed security committees remained controversial because lines of authority increasingly blurred between Imbonerakure members and police. Imbonerakure members reportedly detained individuals for political or personal reasons, despite having no legal powers of arrest; beat, extorted, tortured, and killed persons with impunity; and often handed individuals over to the SNR or police, indicating evidence that authorities knew of and failed to punish their conduct. According to reports by multiple human rights groups, Imbonerakure members set up roadblocks in many provinces, sometimes detaining and beating passersby and extorting money or stealing their possessions.

Independent observers generally regarded the BNDF as professional and politically neutral. The 2017 UN COI report, however, reported that military personnel were implicated in summary executions, arbitrary arrests, and torture; although the most recent COI report clarified the responsibility of BNDF members for torture in particular as “of a lesser measure.” Among the units involved in grave violations of human rights, the commission identified the Special Brigade for the Protection of Institutions, the Combat Engineer Battalion (Camp Muzinda), and the Support Battalion of the First Military Region (Camp Muha) in Bujumbura. The commission and other organizations reported that major decisions, including those that have given rise to gross violations of human rights, were allegedly made through parallel chains of command reporting to senior government and ruling party leadership.

The SNR’s mandate is to provide both external and internal security. It often investigated certain opposition political party leaders and their supporters. Many citizens perceived the SNR as heavily politicized and responsive to the CNDD-FDD. The UN COI and NGOs asserted SNR officials committed acts of torture, extrajudicial killings, enforced disappearance, and arbitrary arrest and detention.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Arrests require warrants issued by a presiding magistrate, although police may arrest a person without a warrant by notifying a police supervisor in advance. Police have seven days to finish their investigation and transfer suspects to appear before a magistrate but may request a seven-day extension if they require additional investigation time. Police rarely respected these provisions and routinely violated the requirement that detainees be charged and appear before a magistrate within seven days of arrest.

A magistrate must either order the release of suspects or confirm the charges and continue detention, initially for 14 days, and for an additional seven days if necessary to prepare the case for trial. Magistrates routinely failed to convene preliminary hearings, often citing their heavy case backlog or improper documentation by police. The CNIDH identified some cases of prisoners held in detention without a preliminary hearing or in excess of the statutory limits for preventive detention in previous years but did not report publicly on the issue during the year. Officials acknowledged that the legal system struggled to process cases in a timely fashion and that lengthy pretrial detentions were common. A UN human rights team that visited SNR facilities in Bujumbura in 2016 reported that 25 of the 67 detainees they saw had been kept in custody beyond the prescribed maximum time. Due to suspension of the OHCHR’s memorandum of understanding in October 2016, it has been unable to verify conditions since then. There were reportedly instances in which police did not comply with magistrates’ orders to release suspects in detention, even when there was insufficient evidence to merit charges.

Lack of transportation for suspects, police, and magistrates was a frequently cited reason for the failure to convene preliminary hearings. This was a particular problem in the six provinces without prisons, where lack of transport prevented the transfer of suspects from the site of detention to the provincial court with jurisdiction over the case.

Judges have authority to release suspects on bail but rarely used it. They may also release suspects on their own recognizance and often did so. Suspects may hire lawyers at their own expense in criminal cases, but the law does not require legal representation, and the government did not provide attorneys for those unable to afford one. Prisons have solitary confinement facilities, and detainees were sometimes held in solitary confinement for long periods. Authorities on occasion denied family members prompt access to detainees, particularly those detainees accused of opposing the government.

The law provides for prisoners to have access to medical care and legal assistance. The SNR denied to lawyers access to detainees held at its headquarters in Bujumbura. The ICRC continued to have access to official prisons and detention centers. Several credible organizations, however, reported that the SNR, police, senior officials of the government, and other security organizations maintained clandestine holding cells to which no independent monitors, including the ICRC, were granted access. The September report of the UN COI documented continued cases of torture and mistreatment that occurred in secret, unofficial detention centers where national and international observers had no access.

Arbitrary Arrest: The law provides for a fine of 10,000 Burundian francs ($6) and imprisonment of 15 days to one year for security force members found guilty of arbitrary arrest. There was no evidence that this law had ever been applied. NGOs reported numerous instances of alleged arbitrary arrests wherein no underlying offense in law existed; Ligue Iteka alleged 1,182 such cases as of September. Comprehensive data were not available on the subsequent handling of the cases. Authorities released many within a day or two of their detention.

Pretrial Detention: Prolonged pretrial detention remained a serious problem. The law specifies authorities may not hold a person longer than 14 days without charge. As of September, according to the director of prison administration, 47 percent of inmates in prisons and detention centers were pretrial detainees. The average time in pretrial detention was approximately one year, according to the Office of Penitentiary Affairs, and authorities held some without charge. Some persons reportedly remained in pretrial detention for nearly five years. In some cases the length of detention equaled or exceeded the sentence for the alleged crime. Inefficiency and corruption among police, prosecutors, and judicial officials contributed to the problem. For example, authorities deprived many persons of their legal right to be released on their own recognizance, because public prosecutors failed to open case files or files were lost. Others remained incarcerated without proper arrest warrants, either because police failed to complete the initial investigation and transfer the case to the appropriate magistrate or because the magistrate failed to convene the required hearing to rule on the charges.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons arrested or detained, regardless of whether on criminal or other grounds, are entitled to challenge in court the legal basis or arbitrary nature of their detention and obtain prompt release if found to have been unlawfully detained. There was no record that any person was able to challenge their arrest on these grounds during the year.

Amnesty: On January 31, a presidential decree announced an amnesty of prisoners who were serving sentences of less than five years and halving the sentences of others. The government announced the amnesty would affect approximately 2,000 prisoners; as of October, the government stated that 2,611 had been released under the decree. Some of those released, including members of opposition political parties, were reported to have been subsequently rearrested. The decree specifically excluded those imprisoned for the crimes of genocide, crimes against humanity, war crimes, armed robbery, illegal possession of firearms, threatening the internal or external security of the state, voluntary homicide, being a mercenary, cannibalism, and all other crimes committed in association with organized gangs. In September civil society organizations raised concerns with Ombudsman Edouard Nduwimana that a number of persons who received presidential pardons or who finished their sentences remained in prison. Human rights activists claimed that there were delays in the release of some prisoners eligible under the decree, and members of the banned MSD party stated that more than 100 members of their party who met the degree criteria had not been released as of October.

Cabo Verde

Executive Summary

The Republic of Cabo Verde is a parliamentary representative democratic republic, largely modeled on the Portuguese system. Constitutional powers are shared between the head of state, President Jorge Carlos Fonseca, and head of government, Prime Minister Ulisses Correia e Silva. The Supreme Court, the National Electoral Commission, and international observers declared the 2016 nationwide legislative, presidential, and municipal elections generally free and fair.

Civilian authorities generally maintained effective control over security forces.

Human rights issues included harsh and potentially life-threatening prison conditions; and failure to protect children from violence and work in precarious conditions.

The government took steps to investigate and prosecute officials who committed human rights abuses. Impunity occurred in a few cases.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. Media, however, reported instances of physical violence. The most common types of abuses were excessive force and aggression against persons arrested and detained by police and against prisoners by prison agents. In most cases the National Police Council took action against abusers. The National Commission for Human Rights and Citizenship (CNDHC) followed up with the National Police when it received information about abuses perpetrated by police agents. In the first quarter of 2017, 23 cases of abuse were registered, a significant increase over the first eight months of 2016.

Prisoners complained of cruel, inhuman, or degrading treatment or punishment. In all prisons authorities isolated newcomers in small, cramped cells for up to 30 days. This isolation was intended to allow new inmates time to adjust and to determine if they had communicable diseases. Inmates in isolation had limited access to visitors and prison activities. The isolation cells were small, dark, not well ventilated, unfurnished, and crowded. Similar cells were used for punishment. Additionally, prisoners complained of dehumanizing conditions resulting from poor infrastructure, in particular lack of sanitation.

Prison and Detention Center Conditions

Prison conditions were harsh and potentially life threatening due to gross overcrowding, inadequate housing, and health and sanitation conditions.

Physical Conditions: There were five prisons in the country; three of the five had populations that substantially exceeded capacity (indicated in parentheses). The Central Prison of Praia (CCP) had 1,054 inmates (880), the Central Prison of Sao Vicente 263 (180), and the regional prisons of Santo Antao 26 (50), Sal 143 (250), and Fogo 63 (50). The Orlando Pantera Center housed juvenile detainees who were under age 16 at time of sentencing. The regional prison on Fogo did not have external walls, although the Directorate General for Prison Systems began a large-scale infrastructure project on the Fogo prison to include external walls. External walls were added to the prison on Sal during the year. Several of the prisons did not have reliable electricity. The regional prison on Sal had no access to an electric grid or piped water; it ran a generator at night, and water was brought in trucks. The kitchen at the prison was completed during the year, but the armed forces continued to prepare and deliver food for prisoners. Isolation cells in the older prisons, specifically those on Fogo and Santo Antao, were cramped, crowded, unfurnished, lacked sanitary facilities (toilets, sinks, and showers, and adequate drainage) and had no natural light because their windows were blocked with bricks. In September the minister of justice and labor suspended the practice of putting all new arrivals at the prisons into solitary cells for a 30-day adjustment period because the practice was not consistent with the law’s assumption of innocence until proven guilty.

From January through August 2017, there were three deaths reported in prison.

Prisoners also complained of inadequate sanitation, ventilation, lighting, and heating. Not all prisoners had mattresses and beds; some slept on thin blankets on concrete floors. Shower and toilet facilities were inadequate and unsanitary; however, prison directors provided personal hygiene kits and prioritized improvements to the showers and toilets. There was standing water in the toilet and shower areas. Conditions in general were inadequate for inmates with mental disabilities or substance addictions. There were too few corrections officers to deal with the growing number of such prisoners. Conditions were markedly better for female prisoners, who generally had significantly more space and better sanitary conditions than male prisoners.

At the CCP and the central prison on Sao Vicente, inmates were separated by trial status, sex, and age, but in regional prisons lack of facilities prevented authorities from separating inmates. In the Fogo regional prison, all 11 cells and the isolation cells housed youths and adults together. In the Santo Antao regional prison, inmates were separated according to status and crime.

Most prisoners received adequate food and clean water three times per day, although prisoners in the CCP complained that the new director restricted food from outside that had been brought in to supplement prison food.

Administration: There were no prison ombudsmen to respond to complaints, but prisoners’ complaints did reach the CNDHC via regular visits by the CNDHC to the prisons, written communication from the prisoners, social media, and phone calls from prisoners to the CNDHC. Prisoners’ relatives also reported complaints to the CNDHC, and corrections officials stated all had been investigated and either disproven or corrected. To date, the CNDHC has received three complaints. Prison agents were insufficient in number and did not receive appropriate support to do their jobs. Some complained of a need for psychological support because of the emotional and physical stress of their jobs.

Prison directors at Fogo and CCP stated religious activities were permitted for all religious groups. The CCP director stated that during the year regular religious visits for Muslims were scheduled. In the regional prison on Sao Vicente, the director stated Muslim religious services sometimes fall outside of regular prison working hours for much of the staff, complicating the prison’s ability to accommodate them.

Independent Monitoring: The government permitted formal visits by international human rights monitors to the prisons and individual prisoners. Local nongovernmental organizations and members of the press made frequent visits to prisons to record conditions.

Improvements: Access to education within the prison system improved, resulting in a 100 percent graduation rate from elementary school (equivalent) in the prison of Praia and strong results in other prisons. Prison services promoted this social integration policy in conjunction with the Ministry of Education.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge in court the lawfulness of his or her arrest or detention, and the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Police, under the control of the Ministry of Internal Affairs, is responsible for law enforcement. The Judiciary Police, under the Ministry of Justice, is responsible for major investigations. The armed forces, under the Ministry of Defense, are responsible for protecting the national territory and sovereignty of the country. Logistical constraints, including a shortage of vehicles and communications equipment, and poor forensic capacity limited police effectiveness.

Civilian authorities maintained effective control over the armed forces and police (including the Coast Guard, National Guard, National Police, and Judiciary Police), and the government had somewhat effective mechanisms to investigate and punish abuse and corruption.

There were no reports of impunity involving the security forces during the year.

Authorities investigated abuses by police, and most investigations resulted in legal action against those responsible or in the case being dismissed. In the first quarter of 2017, the National Police Council received 23 reports of police violence; most cases concerned physical abuse. The National Police Disciplinary Board reviewed the cases.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The National Police may not make arrests without a warrant issued by the Attorney General’s Office, unless police apprehend the person in the act of committing a felony. Neither the National Police nor Judiciary Police have the authority to conduct investigations unless mandated by the Attorney General’s Office. Even if there is incriminating evidence, suspected criminals are not arrested until a decision is made by the Attorney General’s Office. The law stipulates a suspect must be brought before a judge within 48 hours of arrest. In most cases, however, detainees waited longer. The CNDHC reported that detainees remanded to preventive detention on islands without prisons waited in police holding cells until they could be transferred to islands with prisons. In at least one case, a detainee in preventive detention waited four months in a holding cell on Boa Vista for transportation (ticket and escort availability). The law provides a detainee the right to prompt judicial determination of the legality of the detention, and authorities respected this right. Attorneys inform detainees of the charges against them. There is a functioning bail system. Authorities allowed detainees prompt access to family members and to a lawyer of the detainee’s choice if the detainee could afford it. For a detainee or family unable to pay, the Cabo Verdean Bar Association appoints a lawyer.

The judicial system was overburdened and understaffed, and criminal cases frequently ended when charges were dropped before a determination of guilt or innocence was made.

Pretrial Detention: The director of the CCP noted that if detainees remained six months in prison without any judicial progress, they would be released according to the law. As of September 30, there were 491 persons in preventive detention.

Cambodia

Executive Summary

Cambodia is a constitutional monarchy with an elected parliamentary government. The ruling Cambodian People’s Party (CPP) won all 125 National Assembly seats in the July 29 national election, having banned the chief opposition party in November 2017. Prior to the victory, Prime Minister Hun Sen had already served for 33 years. International observers, including foreign governments and international nongovernmental organizations (NGOs), and domestic NGOs criticized the election as neither free nor fair and not representative of the will of the Cambodian people.

Civilian authorities maintained effective control over the security forces, which often threatened force against those who opposed Prime Minister Hun Sen and were generally perceived as an armed wing of the ruling CPP.

Human rights issues included unlawful or arbitrary killings carried out by the government or on its behalf; forced disappearance carried out by the government; torture by the government; arbitrary arrests by the government; political prisoners; arbitrary interference in the private lives of citizens, including pervasive electronic media surveillance; censorship and selectively enforced criminal libel laws; interference with the rights to peaceful assembly and freedom of association; restrictions on political participation; pervasive corruption, including in the judiciary; and use of forced or compulsory child labor.

The government did not provide evidence of having prosecuted any officials for abuses, including corruption. A pervasive culture of impunity continued.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits such practices; however, beatings and other forms of physical mistreatment of police detainees and prison inmates reportedly continued during the year.

There were credible reports military and police officials used physical and psychological abuse and occasionally severely beat criminal detainees, particularly during interrogation. As of July a local NGO observed physical assaults against detainees and prisoners in nine cases. Journalist Kim Sok told local media following his release from detention that prison guards beat him whenever he disobeyed an order or opened books. Other detainees reported authorities forced them to walk for up to an hour with a bucket of water on their heads, or forced them to stand in the hot sun for several hours.

As of July a local NGO reported nine physical assaults against civilians not in detention by local authorities, government agents, or the private bodyguards of government officials.

Prison and Detention Center Conditions

Prison conditions remained harsh and in many cases life threatening. In February the International Labor Organization (ILO) requested the government to defend its practice of compulsory labor for detainees and urged the government to amend several laws to ensure they did not lead to incarceration involving forced labor.

Physical Conditions: Overcrowding was a problem. According to the Ministry of Interior’s General Department of Prisons (GDP), in July 2017 authorities held more than 26,000 prisoners and detainees in 29 prisons designed to hold a maximum 11,000 prisoners. GDP officials reported the government’s “war on drugs” had exacerbated overcrowding. The GDP declined to release updated figures.

In most prisons there was no separation of adult and juvenile prisoners; of male and female prisoners; or of persons convicted of serious crimes, minor offenses, or in pretrial detention. According to the GDP, in 2016 approximately 34 percent of detainees were in pretrial detention and 29 percent had received a final verdict, approximately 8 percent of prisoners were women, and 4 percent were minors. A local NGO indicated it witnessed pregnant women in prison as well as children living with incarcerated mothers. The same NGO reported that the number of infants and toddlers living with their mothers in prison had increased sharply since 2016 due to the government’s campaign against drugs. According to one local NGO, the number of infants in prison rose from 30 in 2015 to 149 as of March.

During the year to October, the GDP did not report how many prisoners died in prison. In 2016, the most recent year on record, 76 died. Local NGOs maintained that allowances for food and other necessities were inadequate in many cases. Observers continued to report that authorities misappropriated allowances for prisoners’ food, exacerbating malnutrition and disease. Authorities did not provide updated figures on the number of prisons in which inmates had access to clean water, although as of 2016, 18 of 29 prisons provided clean water. Prisons did not have adequate facilities for persons with mental or physical disabilities. NGOs also alleged prison authorities gave preferential treatment, including increased access to visitors, transfer to better cells, and the opportunity to leave cells during the day, to prisoners whose families could pay bribes. According to a local NGO, “prisoner self-management committees,” groups of inmates organized and directed by prison guards, sometimes violently attacked other prisoners. NGOs reported significant drug use by prisoners, made possible by bribing guards.

The country has seven government and three private drug rehabilitation centers. Most observers agreed the majority of detainees in such facilities were there involuntarily, committed by police or family members without due process. According to the National Authority for Combating Drugs, no detainee was younger than age 18. Observers noted employees at the centers frequently controlled detainees with physical restraints and subjected them to intense exercise.

Administration: There were no legal provisions establishing prison ombudspersons. Prisoners could submit uncensored complaints about alleged abuse to judicial authorities through lawyers, but a large number of prisoners and detainees could not afford legal representation. The government stated it investigated complaints and monitors prison and detention center conditions through the GDP, which reportedly produced biannual reports on prison management. The GDP, however, did not release the reports despite frequent requests by civil society organizations.

Authorities routinely allowed prisoners and detainees access to visitors, although rights organizations confirmed families sometimes had to bribe prison officials to visit prisoners or provide food and other necessities. There were credible reports officials demanded bribes before allowing prisoners to attend trials or appeal hearings, before releasing inmates who had served their full term of imprisonment, or before allowing inmates to exit their cells. Kung Raiya, a student who served one year in prison for a politically sensitive Facebook posting, said he had to bribe prison guards approximately one dollar each time he met with imprisoned politicians or human rights activists.

Independent Monitoring: The government allowed, subject to preconditions and restrictions, international and domestic human rights groups, including the International Committee of the Red Cross (ICRC) and OHCHR, to visit prisons or provide human rights training to prison guards. Some NGOs reported limited cooperation from local authorities, but it was difficult to gain access to pretrial detainees. This was particularly true in high-profile cases such as that of opposition leader Kem Sokha, released on September 10 after a year in pretrial detention while authorities permitted visits only by his wife and defense lawyers. Despite the family’s requests for visits by the ICRC, the terms under which the government would allow such visits–including no direct access to the detainee–were unacceptable to the family.

The Ministry of Interior required lawyers, human rights monitors, and other visitors to obtain permission prior to visiting prisoners–often from multiple government agencies depending on the individual case–and sometimes the government required NGOs to sign a formal memorandum of understanding delineating their “roles” during prison visits.

Although some local independent monitoring groups were able to meet privately with prisoners, others were not. A local human rights NGO that provides medical care to prisoners reported the government periodically refused requests to visit convicted prisoners who were members of a political opposition party. Another NGO reported the government accused it of harboring political bias and using its visits to embolden political prisoners. OHCHR representatives reported they were usually able to visit prisons and hold private meetings when interviewing a particular prisoner of interest.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention; however, the government did not respect these prohibitions, notably with the arbitrary detention of five Cambodian Human Rights and Development Association (ADHOC) staffers for 427 days on politically motivated charges. ADHOC is one of the country’s oldest and most prominent human rights NGOs. Authorities released the ADHOC staffers on bail in July 2017; in September 2018 hearings on their case reconvened.

The government’s pursuit of criminal defamation cases also led to a number of arrests. Provincial labor leader Sam Sokha, for example, was tried and found guilty in absentia in January of defaming Hun Sen after she was filmed throwing a shoe at his photograph. Although the UN High Commissioner for Refugees (UNHCR) gave her refugee status in Thailand, the Thai government repatriated her involuntarily at the Cambodian government’s request in February, and she was serving a two-year prison sentence.

In February the government adopted a new “lese-majeste” (royal insult) law, which had led to the arrest of at least three citizens.

ROLE OF THE POLICE AND SECURITY APPARATUS

The General Commissariat of the National Police, under Ministry of Interior supervision, manages all civilian police units. Police forces are organized into those with authority to make arrests, those without such authority, and judicial police, whose authority only extends to enforcing court warrants. The government permitted military police to arrest civilians if the officers met the training and experience requirements to serve as civilian police, if civilians were on military property, or when authorized by local governments. The military police, however, sometimes engaged in civilian law enforcement activities under the authority and direction of provincial or local governments, often in support of civilian police unable to exercise effective crowd control.

There were credible reports that police officials committed abuses with impunity, and in most cases, the government took little or no action. Government officials and their family members were generally immune to prosecution.

From January to July, one local human rights organization tracked nine instances of impunity affecting 10 victims. The NGO claimed the number of instances might be far higher, but victims feared filing reports ahead of the politically sensitive election. The Ministry of Interior is responsible for evaluating security force killings, and the law requires police, prosecutors, and judges to investigate all complaints, including those of police abuse. Judges and prosecutors, however, rarely conducted independent investigations. If abuse cases came to trial, presiding judges usually passed down verdicts based only on written reports from police and witness testimony. In general police received little professional training on protecting or respecting human rights.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires police to obtain a warrant from an investigating judge prior to making an arrest, unless police apprehend a suspect while in the act of committing a crime. Authorities frequently cited this exception when arresting opposition political figures, even if the alleged offenses occurred years before. Critics accused the government of employing this practice to circumvent laws providing lawmakers with parliamentary immunity. The law allows police to take a person into custody and conduct an investigation for 48 hours, excluding weekends and government holidays, before police must file charges or release a suspect. In felony cases of exceptional circumstances prescribed by law, police may detain a suspect for an additional 24 hours with the approval of a prosecutor. Nevertheless, authorities routinely held persons for extended periods before charging them.

There was a bail system, but many prisoners, especially those without legal representation, had no opportunity to seek release on bail. Authorities routinely denied bail for cases considered politically motivated.

Under the law police may arrest and detain accused persons for a maximum of 24 hours before allowing them access to legal counsel, but authorities routinely held prisoners incommunicado for several days before granting them access to a lawyer or family members. According to government officials, such prolonged detention was frequently the result of the limited capacity of the court system. The government did not provide free access to lawyers for indigent detainees.

Arbitrary Arrest: As of July, one local human rights NGO reported at least six new cases of arbitrary arrest. The actual number of arbitrary arrests and detentions was likely higher, since many victims in rural areas did not file complaints due to the difficulty of traveling to human rights NGO offices or due to concern for their family’s security. Authorities took no legal or disciplinary action against persons responsible for the illegal detentions.

As of July authorities at the crowded Prey Speu social affairs center reported 585 persons still in detention following the Phnom Penh city government’s 2017 roundup of 1,727 homeless persons, beggars, persons with mental disabilities, and persons engaged in prostitution. Authorities initially placed 1,560 detainees, including 262 children, in Prey Speu without adequate medical treatment or food. The facility, operated by the Ministry of Social Affairs, Veterans, and Youth, was notorious for abuses that led to the death of two detainees in 2015. According to Prey Speu authorities, 585 detainees remained in the facility following reintegration into the community of 1,100 of the original detainees.

Pretrial Detention: The law allows for a maximum pretrial detention of six months for misdemeanors and 18 months for felonies. Authorities occasionally held pretrial detainees without legal representation. NGOs reported that authorities held many accused of minor crimes in pretrial detention for longer than six months.

Detainees’ Ability to Challenge Lawfulness of Detention before a Court: A backlog of court cases and long delays in obtaining judicial rulings interfered with a person’s right to challenge in court the legal basis or arbitrary nature of his or her detention.

Amnesty: The government traditionally offers a number of royal pardons during important national festivals. As of September the government had not timed any pardons to coincide with national festivals; however, the government offered several royal pardons to political prisoners following the July national elections. In August the government pardoned 14 opposition party leaders and four land activists. The government made clear through public pronouncements and allegedly through private harassment, however, that all of those pardoned could face rearrest if they engaged in activities the government deemed problematic.

Cameroon

Executive Summary

Cameroon is a republic dominated by a strong presidency.  The country has a multiparty system of government, but the Cameroon People’s Democratic Movement (CPDM) has remained in power since its creation in 1985.  In practice the president retains the power to control legislation.  On October 7, citizens reelected CPDM leader Paul Biya president, a position he has held since 1982.  The election was marked by irregularities, including intimidation of voters and representatives of candidates at polling sites, late posting of polling sites and voter lists, ballot stuffing, voters with multiple registrations, and alleged polling results manipulation.  On March 25, the country conducted the second senate elections in its history.  They were peaceful and considered generally free and fair.  In 2013 simultaneous legislative and municipal elections were held, and most observers considered them free and fair.  New legislative and municipal elections were expected to take place during the year; however, in consultation with the parliament and the constitutional council, President Biya extended the terms of office of parliamentarians and municipal councilors for 12 months, and general elections were expected to take place in fall 2019 or early 2020.

Civilian authorities at times did not maintain effective control over the security forces, including police and gendarmerie.

The sociopolitical crisis that began in the Northwest and Southwest Regions in late 2016 over perceived marginalization developed into an armed conflict between government forces and separatist groups.  The conflict resulted in serious human rights violations and abuses by government forces and Anglophone separatists.

Human rights issues included arbitrary and unlawful killings by security forces as well as armed Anglophone separatists; forced disappearances by security forces, Boko Haram, and separatists; torture by security forces and Anglophone separatists; prolonged arbitrary detentions including of suspected Anglophone separatists by security forces; harsh and life-threatening prison conditions; arbitrary or unlawful interference with privacy; violence and harassment targeting journalists by government agents; periodic government restrictions on access to the internet; laws authorizing criminal libel; substantial interference with the right of peaceful assembly; refoulement of refugees and asylum seekers by the government; restrictions on political participation; violence against women, in part due to government inaction; unlawful recruitment or use of child soldiers by Anglophone separatists, government-supported vigilance committees, and Boko Haram; violence or threats of violence targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, and criminalization of consensual same-sex relations; child labor, including forced child labor; and violations of workers’ rights.

Although the government took some steps to identify, investigate, prosecute, or punish officials who committed human rights abuses in the security forces and in the public service, it did not often make public these proceedings, and some offenders, including serial offenders, continued to act with impunity.

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 such practices, there were reports that security force members beat, harassed, or otherwise abused citizens, including separatist fighters.  Amnesty International and Human Rights Watch documented several cases in which security forces severely mistreated suspected separatists and detainees.

Amnesty International reported in July 2017 on the cases of 101 individuals whom security forces allegedly tortured between March 2013 and March 2017 in detention facilities run by the Rapid Intervention Battalion (BIR) and the General Directorate of Counter Intelligence (DGRE).  While most of the cases documented involved persons arrested in 2014 and 2015 and allegedly tortured between 2014 and 2016, Amnesty International asserted that the practice continued into 2017.  It stated that torture took place at 20 sites, including four military bases, two intelligence centers, a private residence, and a school.  Specific sites named in the report included the BIR bases in Salak, Kousseri, and Kolofata in the Far North Region, and DGRE facilities in Yaounde.  As of October the government had not shared results of its internal investigations but claimed it had investigated some, if not all, of the allegations.

Human Rights Watch documented the case of 22-year-old Fredoline Afoni, a thirdyear student at the Technical University of Bambili whom security forces beat to death on January 29.  Witnesses told Human Rights Watch that Fredoline was home near Kumbo in the Northwest Region when he received a telephone call requesting that he pick up luggage at a nearby junction.  Once at the location, persons dressed in civilian clothes forcefully took him away by truck.  A truck belonging to the gendarmerie subsequently drove through the same junction with Fredoline sitting in the back, naked and handcuffed, with signs of having been badly beaten.  Individuals reportedly appeared at a relative’s home and collected Fredoline’s laptop and cell phone.  Fredoline’s uncle subsequently discovered that he was in gendarmerie custody.  The uncle reportedly told Human Rights Watch that he discovered the victim’s naked and decaying corpse outside the local mortuary three days later.  After a postmortem examination, the medical professional who examined the body told Human Rights Watch that Fredoline died as a result of his beatings.

Social media diffused a video in June showing security force members at the

Cameroon Protestant College of Bali in the Northwest Region forcing two girls to crawl through the mud while referring to them as Ambazonian spies.  Media reports indicated that the gendarmes were arrested and placed in detention and were awaiting trial by the military tribunal, but there was no further information on the case.

Press reporting indicated there were cases of rape and sexual abuse by persons associated with the government and separatists in Anglophone regions.  For example, there were credible reports that on July 3, during security operations in Bamenda, Northwest Region, first-class soldier Mbita Arthur allegedly raped a female victim he called aside for a routine national identity check.  The soldier was arrested, although there was no further information on the case.

During the year the United Nations reported that it received five allegations of sexual exploitation and abuse against peacekeepers from Cameroon deployed in the UN Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA).  Three cases alleged sexual exploitation (exploitative relationship, transactional sex), and three cases sexual abuse (rape), one of which involved minors.  Several allegations each referred to more than one alleged perpetrator, more than one victim, or both.  Investigations both by the United Nations and the government were pending.  Interim action by the United Nations was taken in one case.  Nine allegations reported previously were pending.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening.

Physical Conditions:  Overcrowding remained a significant problem in most prisons, especially in major urban centers.  Officials held prisoners in dilapidated, colonial-era prisons, where the number of inmates was as much as five times the intended capacity.  Prisons generally had separate wards for men, women, and children.  Authorities often held detainees in pretrial detention and convicted prisoners together.  In many prisons toilets were nothing more than common pits.  In some cases women benefitted from better living conditions, including improved toilet facilities and less crowded living quarters.  Authorities claimed to hold sick persons separately from the general prison population, but this was often not the case.

According to prison administration officials, the country had 79 operational prisons, with an intended capacity of 17,915 but which held close to 30,000 inmates as of June.  For example, the central prison in Ngaoundere, Adamawa Region, was initially designed to accommodate 150 inmates.  Successive expansions raised the capacity to 500 inmates.  As of June 19, the prison held 1,600 inmates, more than two-thirds of whom had not been convicted of any crime.  A third of the inmates were awaiting trial, hearings had begun for another third, and one-third had been convicted.

The quality of food, access to potable water, sanitation, heating, ventilation, lighting, and medical care were inadequate.  As a result illness was widespread.  Malnutrition, tuberculosis, bronchitis, malaria, hepatitis, scabies, and numerous other untreated conditions, including infections, parasites, dehydration, and diarrhea, were rampant.  The number of deaths associated with detention conditions or actions of staff members or other authorities was unknown.

Physical abuse by prison guards and prisoner-on-prisoner violence were problems.  Corruption among prison personnel was reportedly widespread.  Visitors were at times forced to bribe wardens to be granted access to inmates.  Prisoners bribed wardens for special favors or treatment, including temporary freedom, cell phones, beds, and transfers to less crowded areas of the prisons.  Due to their inability to pay fines, some prisoners remained incarcerated after completing their sentences or after they had received court orders of release.

Administration:  Independent authorities often investigated credible allegations of mistreatment.  Visitors needed formal authorization from the state counsel; without authorization, they had to bribe prison staff to communicate with inmates.  In addition visits to Boko Haram suspects were highly restricted.  Some detainees were held far from their families, reducing the possibility of visits.  Authorities allowed prisoners and detainees to observe their religions without interference.

As in 2017, authorities allowed NGOs to conduct formal education and other literacy programs in prisons.  At the principal prison in Edea, Littoral Region, the NGO Christian Action for the Abolition of Torture sponsored a Literacy and Social Reintegration Center that provided primary and lower secondary education to inmates.  Because of the sociopolitical unrest in the Southwest Region, Human IS Right, a Buea-based civil society organization, and the NGO Operation Total Impact discontinued their formal education and reformation education program in the principal prisons in Buea and Kumba.  The central prison in Garoua, North Region, continued to run a full-cycle primary school.

Independent Monitoring:  Unlike in the previous year, the government restricted international humanitarian organizations’ access to prisoners in official prisons.

For example, as of June authorities had not allowed the ICRC access to its target prisons and detention centers.  On July 3, however, the ICRC was able to visit the 47 Anglophone separatists repatriated from Nigeria, and some of the detainees delivered messages through the organization to their families.  The National Commission on Human Rights and Freedoms (NCHRF) and the Commissions for Justice and Peace of the Catholic archdioceses also conducted prison visits but were denied access to some detention centers.  In January NCHRF members visited prisons in Monatele in the Center Region; Bertoua, Doume, and AbongMbang in the East Region; and Maroua in the Far North Region.  The NCHRF reported that it did not have access to some prisons in Yaounde, including those hosting the 47 suspected separatists repatriated from Nigeria.  The NCHRF also alleged authorities did not grant access to a victim who was shot and admitted at the Yaounde Emergency Center.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide the right to challenge the lawfulness in court of an arrest or detention.  The law states that, except in the case of an individual discovered in the act of committing a felony or misdemeanor, the officials making the arrest shall disclose their identity and inform the person arrested of the reason.  The law also provides that persons arrested on a warrant shall be brought immediately before the examining magistrate or the president of the trial court who issued the warrant, and that the accused persons shall be given reasonable access to contact their family, obtain legal advice, and arrange for their defense.  The law provides that any person who has been illegally detained by the police, the state counsel, or the examining magistrate may receive compensation.  On several occasions the government did not respect these provisions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The national police, DGRE, Ministry of Defense, Ministry of Territorial Administration, and, to a lesser extent, presidential guard are responsible for internal security.  The Ministry of Defense–which includes the gendarmerie, army, and the army’s military security unit–reports to the Office of the Presidency, resulting in strong presidential control of security forces.  The army is responsible for external security, while the national police and gendarmerie have primary responsibility for law enforcement.  Historically the gendarmerie has responsibility in rural areas.  Increasingly in the Anglophone regions, responsibility for security in the rural areas is left to another security force, the BIR.  The BIR falls outside the purview of conventional forces.  The national police–which includes public security, judicial, territorial security, and frontier police–reports to the General Delegation of National Security (DGSN), which is under the direct authority of the presidency.  The government took some steps to hold police accountable for abuses of power.  Police remained ineffective, poorly trained, and corrupt.  Impunity continued to be a problem.

Civilian authorities maintained some control over the police and gendarmerie, and the government had some mechanisms in place to investigate and punish abuse and corruption.  The DGSN and gendarmerie investigated reports of abuse and forwarded cases to the courts.  Lesser sanctions were handled internally.  The DGSN, Ministry of Defense, and Ministry of Justice stated that members of security forces were sanctioned during the year for committing abuses, but few details were known about investigations or any subsequent accountability.

The national gendarmerie and the army have special offices to investigate abuse.  The secretary of state for defense and the minister delegate at the presidency are in charge of prosecuting abusers.  The minister delegate of defense refers cases involving aggravated theft, criminal complicity, murder, and other major offenses to the military courts for trial.

In March authorities opened an investigation into the case of taxi driver Jean Nga Mvondo, who died a few hours after the Ngousso gendarmerie brigade in Yaounde released him from detention.  Pending the outcome of the investigation, on March 23, the secretary of state in charge of the National Gendarmerie (SED) relieved the brigade commander of his duties.

As reported above, on July 24, the minister delegate for defense announced that the gendarmerie in Bamenda, Northwest Region, arrested first class soldier Mbita Arthur and referred him to the office of the Bamenda military court prosecutor.  The minister also promised to take disciplinary action against the soldier in accordance with the law.  Mbita Arthur allegedly raped a female victim on July 23.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires police to obtain a warrant before making an arrest, except when a person is caught in the act of committing a crime, but police often did not respect this requirement.  The law provides that detainees be brought promptly before a magistrate, although this often did not occur.  Police may legally detain a person in connection with a common crime for up to 48 hours, renewable once.  This period may, with the written approval of the state counsel, be exceptionally extended twice before charges are brought.  Nevertheless, police and gendarmes reportedly often exceeded these detention periods.  The law also permits detention without charge for renewable periods of 15 days by administrative authorities such as governors and civilian government officials serving in territorial command.  The law provides for access to legal counsel and family members, although police frequently denied detainees access to both.  Contrary to the wide-reaching antiterror law, civilian law prohibits incommunicado detention, but it occurred, especially in connection with the sociopolitical unrest in the two Anglophone regions.  The law permits bail, allows citizens the right to appeal, and provides the right to sue for unlawful arrest, but these rights were seldom respected.  On August 8, Supreme Court Chief Judge Daniel Mekobe Sone commissioned the first members of the Compensation Commission for Illegal Detention, a body created to provide citizens with recourse if they believe they were wrongfully detained.

Arbitrary Arrest:  Police, gendarmes, BIR soldiers, and government authorities reportedly continued to arrest and detain persons arbitrarily, often holding them for prolonged periods without charge or trial and at times incommunicado.  “Friday arrests,” a practice whereby individuals arrested on a Friday typically remained in detention until at least Monday unless they paid a bribe, continued.  There were several reports by media and NGOs that police or gendarmes arrested persons without warrants on circumstantial evidence alone, often following instructions from influential persons to settle personal scores.  There were also credible reports that police or gendarmes arbitrarily arrested persons during neighborhood sweeps for criminals and stolen goods or arrested persons lacking national identification cards, especially in connection with the Anglophone crisis and the fight against Boko Haram.

There were credible reports that authorities held some suspects in the Anglophone crisis for long periods without notifying them of the charges.  For example, authorities detained Sisiku Ayuk Tabe, the president of the Anglophone separatist movement, and 46 others incommunicado and without official charge for close to six months.  The suspects were arrested in Nigeria on January 5 and extradited to Cameroon on January 25.  Defense lawyers considered the arrest and extradition illegal and filed an application for immediate release with the Mfoundi High Court in Yaounde.  On August 30, the judge dismissed the application on procedural grounds.  The court eventually heard the case on November 1 and delivered a verdict denying the release of Sisiku Ayuk Tabe and the nine other leaders of the Anglophone separatist movement on November 15.

Pretrial Detention:  The law provides for a maximum of 18 months’ detention before trial, but many detainees waited years to appear in court.  No comprehensive statistics were available on pretrial detainees.  According to prison authorities, as of June the central prison in Ngaoundere, Adamawa Region, housed approximately 1,600 inmates, two-thirds of whom were pretrial detainees and appellants.  Some pretrial detainees had been awaiting trial for more than two years.  The increase in pretrial prison populations was due in large part to mass arrests of Anglophone activists and persons accused of supporting Boko Haram, staff shortages, lengthy legal procedures, lost files, administrative and judicial bottlenecks, including procedural trial delays, corruption, negligence, and court fees.

The NGO Human IS Right documented the case of 24-year-old Beng Pascal Ngong, who was detained without judgement at the Buea Central Prison for more than 26 months.  Police arrested Beng in 2015 for allegedly not possessing a national identity card, an offense punishable with imprisonment from three to 12 months, a fine of 50,000 to 100,000 CFA francs ($85 to $170), or both.  Following a habeas corpus request filed by the NGO Human IS Right, judicial authorities ultimately released Beng on March 21, after more than double the duration of the sentence he would have served had he been prosecuted and convicted.  Until his release Beng Pascal had never appeared before a judge.

Canada

Executive Summary

Canada is a constitutional monarchy with a federal parliamentary government. In a free and fair multiparty federal election held in 2015, the Liberal Party, led by Justin Trudeau, won a majority of seats in the federal parliament, and Trudeau formed a government at the request of the governor general.

Civilian authorities maintained effective control over the security forces.

Human rights issues included reports of deadly violence against women, especially indigenous women, which authorities investigated and prosecuted.

There was no impunity for officials who committed violations, and the government took steps to identify, investigate, prosecute, and punish them.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns cited in prisons and detention centers regarding physical conditions. Adults and juveniles were held separately, although minors were held with their parents in immigration detention centers as an alternative to splitting families.

Civil society groups challenged federal and some provinces’ use of solitary confinement in the court system. The cases limited solitary confinement of the mentally ill and recommended caps on the length of time an inmate can be placed in solitary confinement. In May 2017 the federal correctional investigator or ombudsman for federally sentenced offenders reported an estimated 400 federal inmates were in solitary confinement on any given day and reported the average length of stay for men at 22 days (down from 35 days in previous years), and for women an average of 10 days. The average time inmates spent in solitary confinement also fell in part due to assignment of high-needs inmates to treatment programs and specialized units for mental care, drug addiction, or other factors as an alternative to segregation.

In July an Ottawa man filed suit against the Ontario government for a mental health breakdown he alleged occurred after spending 18 months in solitary confinement while on remand awaiting trial.

On January 5, the Royal Canadian Mounted Police (RCMP) indicted two correctional officers for manslaughter and criminal negligence causing the in-custody death of Matthew Hines, who died from asphyxiation in 2015 after being repeatedly pepper sprayed. On April 25, both defendants pleaded not guilty, and their cases were pending trial as of October 1.

Administration: Independent authorities investigated credible allegations of inhumane behavior and documented the results of such investigations in a publicly accessible manner.

Independent Monitoring: The government permitted visits by independent nongovernmental human rights observers.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court; the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

National, provincial, and municipal police forces maintain internal security. The armed forces are responsible for external security but in exceptional cases may exercise some domestic security responsibility at the formal request of civilian provincial authorities. The RCMP reports to the Department of Public Safety, and the armed forces report to the Department of National Defense. Provincial and municipal police report to their respective provincial authorities. The Canada Border Services Agency reports to the Department of Public Safety and Emergency Preparedness and is responsible for enforcing immigration law. Civilian authorities maintained effective control over the RCMP and provincial and municipal police forces, and the government has effective mechanisms to investigate and punish abuse. There were no reports of impunity involving the security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Authorities generally relied upon warrants in the apprehension of persons. A judge can issue a warrant if satisfied a criminal offense might have been committed. A person arrested for a criminal offense has the right to a prompt, independent judicial determination of the legality of the detention. Authorities respected this right. Authorities provided detainees with timely information on the reason for the arrest and provided prompt access to a lawyer of the detainee’s choice, or, if the detainee was indigent, a lawyer provided by the state without restriction. Bail generally was available. Authorities may hold persons under preventive detention for up to seven days, subject to periodic judicial review. Suspects were not detained incommunicado or held under house arrest.

Central African Republic

Executive Summary

The Central African Republic (CAR) is a presidential republic. Voters elected Faustin-Archange Touadera president in a February 2016 run-off. Despite reports of irregularities, international observers reported the February 2016 presidential and legislative elections were free and fair. The 2016 constitution established a bicameral parliament, with a directly elected National Assembly and an indirectly elected Senate. The National Assembly convened in May 2016. Elections for the Senate had not taken place by year’s end.

Civilian authorities’ control over the security forces continued to improve, but remained weak. State authority beyond the capital improved over the last year with the deployment of prefects and security services, in particular, in the western part of the country; armed groups, however, still controlled significant swaths of territory throughout the country and acted as de facto governing institutions, taxing local populations, providing security services, and appointing armed group members to leadership roles.

Human rights issues included arbitrary and unlawful killings, forced disappearance, and sexual violence, including rape by ex-Seleka, Anti-balaka, and other armed groups;[1] arbitrary detention; delays in holding criminal sessions in the judicial system, resulting in prolonged pretrial detention; harsh and life-threatening prison conditions, particularly in cities not controlled by the government and in illegal detention facilities not operated by the government; seizure and destruction of property and use of excessive and indiscriminate force in internal armed conflict by armed groups; restrictions on freedom of movement; widespread corruption; lack of prosecution and accountability in cases of violence against women and children, including sexual violence and rape; criminalization of same-sex conduct; forced labor, including forced child labor; and use of child soldiers by armed groups.

The government started to take steps to investigate and prosecute officials in the security forces and in the government for alleged human rights violations. A climate of impunity, however, and a lack of access to legal services remained. There were allegations that United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) peacekeepers sexually abused children and sexually exploited adults. The United Nations investigated alleged perpetrators and the number of reported incidents decreased over previous years (see section 1.c.).

Intercommunal violence and targeted attacks on civilians by armed groups escalated during the year. Armed groups perpetrated serious abuses of human rights and international humanitarian law during the internal conflicts. Both ex-Seleka and the Anti-balaka committed unlawful killings, torture and other mistreatment, abductions, sexual assaults, looting, and destruction of property.

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 law prohibits torture and specifies punishment for those found guilty of physical abuse, there were reports from NGOs that soldiers of the Central African Armed Forces (FACA), gendarmes, and police were responsible for torture.

In February the Central Office for the Repression of Banditry (OCRB) in Damala assaulted a 40-year-old woman after she came to plead for the release of her son who had been arrested following the theft of a motorcycle. A medical report documented the woman’s injuries.

There were reports of impunity for inhuman treatment, including torture, according to credible NGO sources, and abuse and rape of civilians, that resulted in deaths by forces from the ex-Seleka, Anti-balaka, LRA, and other armed groups (see section 1.g.).

The United Nations reported that it received eight allegations between January and August of sexual exploitation and abuse by UN peacekeepers that were deployed to MINUSCA. These allegations involved peacekeepers from Cameroon, Morocco, Niger, and Burundi. Of the eight allegations, seven involved minors and all were pending investigations by the United Nations or the troop contributing country.

According to the United Nations, three allegations of sexual exploitation and abuse against MINUSCA peacekeepers from Mauritania reported in 2017 were pending. Two cases alleged sexual abuse (sexual assault or rape), involving minors. In both cases the United Nations repatriated the peacekeepers in question. The other case alleged sexual exploitation (exploitative relationship). Investigations by the Mauritanian government were pending.

Prison and Detention Center Conditions

According to the Office of the UN High Commissioner for Refugees (UNHCR) independent expert and international NGOs, detention conditions in prisons did not generally meet international norms and were often inhuman.

MINUSCA detained and transferred to government custody several medium and high-level armed group members.

Physical Conditions: The government operated three prisons in or near Bangui: Ngaragba Central Prison, its high-security Camp de Roux annex for men, and the Bimbo Women’s Prison. A combination of international peacekeepers, FACA, prison officers trained by MINUSCA and the Ministry of Justice, and judicial police guarded both men’s and women’s prisons. Six prisons were operational outside the Bangui area: Bouar, Berberati, Bimbo, Bossangoa, Bambari, and Mbaiki. In other locations including Bossembele and Boda, police or gendarmes kept prisoners in custody. Most prisons were extremely overcrowded. Necessities, such as food, clothing, and medicine, were inadequate and were often confiscated by prison officials. Prisons lacked basic sanitation and ventilation, electricity, basic and emergency medical care, and sufficient access to potable water. Diseases were pervasive in all prisons. Official statistics regarding the number of deaths in prison were not available. Conditions were life threatening and substantially below international standards. The national budget did not include adequate funds for food for prison inmates.

Authorities sometimes held pretrial detainees with convicted prisoners, juveniles with adults, and failed to separate prisoners by gender. In Bangui, however, prisoners were separated by gender. Smaller prisons in cities such as Bouar, Mbaiki, Berberati, and Bossangoa segregated male from female prisoners, but conditions were substantially below international standards. Female prisoners were placed in facilities without ventilation or electricity. All detainees, including pregnant women, slept on thin straw mats on concrete floors.

There were no detention centers or separate cells in adult prisons for juvenile offenders. The Ngaragba Prison reported 32 juveniles held there. The accusations ranged from murder to witchcraft and petty crimes. Police and gendarmes held individuals beyond the statutory limits for detention before imposing formal charges.

Administration: MINUSCA is extensively involved in the administration of prisons. MINUSCA personnel staffed the prisons in Bangui, Boura, and Bambari. Prison detainees have the right to submit complaints of mistreatment, but victims rarely exercised this option due to the lack of a functioning formal complaint mechanism and fear of retaliation from prison officials. Authorities seldom initiated investigations of abuse in prisons.

Prisons were consistently underfunded with insufficient operating resources for the care of prisoners. There were reports that complainants paid police or gendarmes fees for their complaints to be heard. Additionally, prison guards and administrators were accused of charging prisoners, prisoners’ family members, and other visitors unofficial fees.

Independent Monitoring: In January, February, and July, the government permitted monitoring by UNHCR independent experts and international donors. The government also permitted monitoring by the UN Office of the High Commission for Human Rights and the UN Human Rights Council Independent Expert on Human Rights in the CAR.

Improvements: In April the government and agencies of the United Nations launched a nationwide recruitment of 300 new prison officers.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government sometimes observed these requirements.

The judicial system had gradually expanded its presence beyond Bangui to other cities, notably Bouar, Berberati, Bossangoa, and Mbaiki. There were, however, reports of arbitrary detention and lengthy pretrial detention. Ongoing challenges included a lack of affordable legal representation and an unresponsive judiciary system.

ROLE OF THE POLICE AND SECURITY APPARATUS

Police and gendarmes have responsibility for enforcing law and maintaining order. Prior to the conflict, police and gendarmes maintained limited or no presence in many areas. During the violence that commenced in 2013, police and gendarmes were targeted by Seleka forces, prompting their withdrawal from the interior. Since 2014 the police and gendarmerie have gradually increased their presence in several previously vacated towns. Deployed officers, however, remained poorly trained, under resourced and supplied with poorly functioning arms and insufficient ammunition for their tasks. Local commanding officers purchased necessities and office supplies with their own funds.

Impunity remained persistent throughout the country. Contributing factors included poorly trained officials, inadequate staffing, and insufficient resources. Additionally, claims of corruption among top government officials, delayed receipt of salaries for law enforcement and judiciary employees, and threats from local armed groups if officials arrested or investigated members persisted.

MINUSCA’s uniformed force of 11,846 military personnel, police officers, and military observers were tasked to protect the civilian population from physical violence within its capabilities and areas of deployment. MINUSCA’s 1,896 police officers were authorized to make arrests and transfer persons to national authorities.

In March the CAR internal security forces launched their first training program since 2009 for new police and gendarme recruits. The program had 250 police recruits, 60 of whom were women, and 250 gendarmes, 56 of whom were women.

The Mixed Unit for Rapid Intervention and Repression of Sexual Violence against Women and Children (UMIRR) arrested three police officers from the OCRB for torturing a woman (see section 1.c.).

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Judicial warrants are not required for arrest. The law, however, stipulates that authorities must inform detainees of their charges and present them before a magistrate within 72 hours. This period is renewable once, for a total of 144 hours. The only exceptions are suspects involving national security. Authorities often did not respect these deadlines, in part due to poor recordkeeping, inefficient and slow judicial procedures, and insufficient number of judges.

Authorities sometimes followed legal procedures in cases managed by gendarmes or local police. Many detainees could not afford a lawyer. Although the law provides that a lawyer be provided for those unable to pay in felony cases where a sentence of 10 years or more could be imposed, lawyers are not provided for nonfelony cases. Remuneration for state-provided attorneys was 5,000 CFA francs ($8.85) per case, which deterred many lawyers from taking such cases. Led by the CAR bar association, defense lawyers protested and went on strike for higher remuneration, and the government negotiated an increased rate. For individuals detained by ex-Seleka and Anti-balaka and placed in illegal detention centers, legal procedures were not followed and access to lawyers was not provided.

Prosecution of persons subject to sanctions by the UN Sanctions Committee seldom occurred.

Arbitrary Arrest: The constitution prohibits arbitrary arrest and detention. Arbitrary arrest was a serious problem, however, and some ex-Seleka and Anti-balaka groups arbitrarily targeted and detained individuals.

Pretrial Detention: Prolonged pretrial detention was a serious problem; specific reliable data was not available.

Although recordkeeping of arrests and detentions was poor, the slow investigation and processing of a case was the primary cause of pretrial detention. The judicial police force charged with investigating cases was poorly trained, understaffed, and had few resources, resulting in poorly processed cases with little physical evidence. The court system did not hold the constitutionally mandated two criminal sessions per year. The judges resisted holding sessions out of security concerns and insisted on receiving stipends beyond their salaries.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Although the law provides detainees the right to challenge the lawfulness of their detention in court, in practice, many detainees were not able to exercise this right due to a lack of affordable legal services and an unresponsive justice system.

Chad

Executive Summary

Chad is a centralized republic in which the executive branch dominates the legislature and judiciary. In 2016 President Idriss Deby Itno, leader of the Patriotic Salvation Movement (MPS), was elected to a fifth term in an election that was neither free nor fair. During the 2011 legislative elections, the ruling MPS won 118 of the National Assembly’s 188 seats. International observers deemed that election legitimate and credible. Since 2011 legislative elections have been repeatedly postponed for lack of financing or planning.

Civilian authorities at times did not maintain effective control of the security forces.

Human rights issues included arbitrary killings by the government or its agents; torture by security forces; arbitrary and incommunicado detention by the government; harsh and potentially life-threatening prison conditions; denial of fair public trial; political prisoners; censorship of the press and restrictions on access to social network sites by the government; arrest and detention of persons for defamation by the government; substantial interference with the rights of peaceful assembly and freedom of association; significant restrictions on freedom of movement; restrictions on political participation; corruption; violence against women, including rape and female genital mutilation/cutting (FGM/C), with government negligence a factor; criminalization of same-sex sexual conduct; and child labor including forced and other worst forms; and trafficking in persons, particularly children.

There was only one occasion on which the government took steps to prosecute or punish officials who committed abuses, whether in the security services or elsewhere in the government, and impunity remained a problem.

Members of Boko Haram, the Nigerian militant terrorist group, killed numerous persons in the country, often using suicide bombers. Officials and local newspapers reported four attacks by Boko Haram between April and September. Those attacks resulted in the deaths of 34 persons, including civilians and military troops.

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 prohibits such practices, there was anecdotal evidence that the government continued to employ them.

General Mahamat Abdoulkader Oumar, aka Baba Ladehe, a former Chadian rebel arrested in 2014 by UN forces in the Central African Republic (CAR) and turned over to Chadian authorities, remained imprisoned in Koro-Toro pending hearings. According to his lawyers, he was denied access to medical treatment while his health deteriorated. In August, Radio France Internationale (RFI) reported the representative of the International Federation of Human Rights (FIDH) was concerned about Baba Ladehe’s health and questioned Ladehe’s continued detention after an order of President Deby amnestied all rebels on the proclamation of the Fourth Republic. Baba Ladehe was accused of armed robbery, illegal possession of weapons, assassination, rebellion, and criminal conspiracy. He had spent more than four years in prison without trial.

In April Amnesty International decried authorities’ use of torture, describing a case in which ruling party authorities beat journalist and activist “Mahadine” and subjected him to electric shocks while he was in detention.

On October 3, the Chadian Convention for the Defense of Human Rights (CTDDH) denounced the acts of General Mahamat Saleh Brahim, commander of the Chadian National Nomadic Guard operating in Ngouri, Lake Chad region. According to the secretary general of the CTDDH, General Saleh Brahim arrested 15 village chiefs because they refused to sign a document to renounce their right of land ownership. General Brahim had previously put the village chiefs in the sun for more than four hours before sending them to prison, subjecting them to humiliating and degrading treatment.

Security forces used excessive force against demonstrators.

On September 17, former government employees demonstrated in front of the public treasury in N’Djamena, claiming salary arrears. National police dispersed them with tear gas. Witnesses and local newspapers reported that police arrested and wounded several protesters.

According to the United Nations, two allegations of sexual exploitation and abuse against peacekeepers from Chad reported prior to 2018 were pending. The cases alleged sexual exploitation (exploitative relation) and sexual assault (against a child) involving peacekeepers deployed in the UN Stabilization Mission in Haiti (MINUSTAH). Investigations by both the United Nations and Chad were pending.

Prison and Detention Center Conditions

Conditions in the country’s 41 prisons remained harsh and potentially life threatening due to food shortages, gross overcrowding, physical abuse, and inadequate sanitary conditions and medical care.

Physical Conditions: According to a Justice Ministry official, there were approximately 8,700 inmates. They were vulnerable to diseases such as HIV, tuberculosis, and malaria. Prison overcrowding remained a serious problem. Despite the near doubling of the prison population since 2012, no new facilities had been constructed. Authorities did not separate juveniles from adult male prisoners, and sometimes held children with their inmate mothers. Authorities did not always separate male and female prisoners, and held pretrial detainees with convicted prisoners. Regional prisons were crumbling, overcrowded, and without adequate protection for women and youth. They reportedly received insufficient funding to feed inmates.

Local nongovernmental organizations (NGOs) reported food, potable water, sanitation, and health services were inadequate. Prison guards, who were not regularly paid, sometimes released prisoners if bribed. Provisions for heating, ventilation, and lighting were inadequate or nonexistent. The law stipulates a doctor must visit each prison three times a week, but authorities lacked resources to comply. The few prisons that had doctors lacked medical supplies. Family members of detainees frequently provided them with food, soap, medicine, and other supplies. NGOs reported that government officials forced prisoners to work on their private enterprises as a source of free labor.

No estimate of deaths in prisons or detention centers was available.

After a 2017 visit, President Deby stated that he had observed alarming conditions at Amsinene prison. In a press conference, he stated the prison was seriously overcrowded and the situation had deteriorated. The director of the penitentiary reported the prison held 2,027 inmates, including 92 underage detainees and 49 women. He said poor conditions contributed to the physical and mental deterioration of most detainees, which was compounded by socioeconomic and cultural factors that impacted an inmate’s chance to receive food or medicine from a family or tribal network.

Administration: There was no functioning mechanism by which prisoners could submit complaints about prison conditions to judicial authorities. Although NGOs denounced prison conditions, they did not file a case against the government, and there is no formal complaint process outside of the courts. There was no data available on prisoner access to the requirements of religious observance or practice.

Independent Monitoring: The government permitted the International Committee of the Red Cross (ICRC) to visit prisons, and the ICRC conducted such visits during the year. At the maximum-security Koro-Toro prison, where few families visited due to its distance from N’Djamena, the ICRC visited every four to six weeks.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, but the government did not always observe these prohibitions. The law does not provide for the right of persons to challenge the lawfulness of their arrest or detention in court, or to obtain prompt release and compensation if found to have been unlawfully detained. In its Freedom in the World 2018 report, Freedom House stated security forces “routinely ignore” constitutional protections regarding detention. Police and gendarmes also detained individuals for civil matters, contrary to law. There were reports that officials held detainees in police cells or in secret detention facilities.

The director of Air Inter One, a private airline company, Mathias Tsarsi, had been detained since September 2017. He was charged with financing terrorism, money laundering, forgery, and the use of forgery. Tsarsi was also accused of using an A-340 Airbus aircraft registered in Chad for arms trafficking between Syria, Kazakhstan, and the United States. According to his lawyers, the alleged Airbus A-340 did not belong to Air Inter One.

ROLE OF THE POLICE AND SECURITY APPARATUS

The military (ANT), gendarmerie, national police, the Chadian National Nomadic Guard (GNNT), and National Security Agency (ANS) are responsible for internal security. A specialized gendarmerie unit, the Detachment for the Protection of Humanitarian Workers and Refugees (DPHR), is responsible for security in refugee camps for both refugees and humanitarian workers. The ANT reports to the Ministry of Defense. The national police, GNNT, and DPHR are part of the Ministry of Public Security and Immigration. The ANS reports directly to the president.

Security forces were corrupt and involved in extortion. According to media reports, police also were involved in violence and arms trafficking. Impunity was a problem. Local media and civil society organizations reported that members of the judicial police, an office within the national police with arrest authority, did not always enforce domestic court orders against military personnel or members of their own ethnic groups. There were isolated reports of former soldiers posing as active-duty soldiers and committing crimes with government-issued weapons.

On May 22, following an ordinance for release of three detainees against whom no charges were made, a commander of gendarmes carried out an assassination attempt on a lawyer and his clients, allegedly under the instruction of the governor of Doba, who believed the court mismanaged the case, RFI reported. After Governor of Doba Adam Nouky Charfadine was sentenced to five years’ imprisonment in July, the Appeals Court delivered its verdict. Adam Nouky Charfadine was convicted of infringement of freedom, encroaching on justice and discrediting a court decision. He was sentenced to two years’ suspended prison time and a fine of 500,000 CFA francs ($850). His codefendants were sentenced to the same suspended prison time penalty and fined 250,000 CFA francs ($425) each.

Two gendarmerie entities, the National Judiciary Investigations Section and the Special Intervention Squad of the Gendarmerie, investigate all gendarmerie, GNNT, and army killings to determine whether they occurred in the line of duty or were otherwise justifiable. The Judicial Police investigate police killings.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Although the law requires a judge to sign and issue arrest warrants before arrests may take place, this did not always occur, according to local media. By law detainees must be charged within 48 hours or released, unless the procurer (investigating magistrate) authorizes an extension of detention for investigative purposes. Nevertheless, authorities often did not make judicial determinations promptly. According to justice representatives, at least 20 to 25 percent of inmates were in long-term pretrial detention. The law allows for bail and access to counsel, but there were cases in which authorities provided neither. In some cases authorities denied detainees visits from doctors. While the law provides for legal counsel for indigent defendants and prompt access to family members, this rarely occurred, according to justice representatives. Authorities occasionally held detainees incommunicado.

Arbitrary Arrest: Security forces arbitrarily arrested journalists, demonstrators, critics of the government, and other individuals, according to local media.

Le Visionaire newspaper reported that on August 4, police arrested the director of Radio FM Nada, Beinde Bessande Sylver; the CEO of the English Learning Center, Bendiguim Eric; and the director of the Poly Handicraft Institute of Chad, Mbaihoremem Joachim. They reportedly trained 1,000 young persons in digital technology, reproductive health, and entrepreneurship, which led to their arrest. The prefect of Moundou accused the men of usurping the title of journalist, saying, “They are not allowed to train young people, it is illegal.” All three were released on September 7, following the decision of the public prosecutor of the court of Moundou.

Pretrial Detention: Lengthy pretrial detention remained a problem, despite government efforts to address it. Authorities sometimes held pretrial detainees without charge for years, particularly for felonies allegedly committed in the provinces, because the court system only had the capacity to try criminal cases in the capital, according to a Ministry of Justice official. The length of detention sometimes equaled or exceeded the sentence for conviction of the alleged crime. Lengthy pretrial detention was exacerbated by an overworked and underresourced judiciary susceptible to corruption.

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