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Experts of the Committee against Torture Praise Meeting in Gabon on the Méndez Principles, Raise Questions on Healthcare in Prisons and on Ritualistic Crimes

Meeting Summaries

 

The Committee against Torture this afternoon concluded its review of the second periodic report of Gabon on efforts made to implement the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.  Committee Experts positively noted a meeting in Gabon focused on the implementation of the Méndez Principles, while raising questions on the standard of healthcare in prisons, and on ritualistic crimes and abuse which amounted to cruel and inhumane treatment. 

Abderrazak Rouwane, Committee Expert and Country Rapporteur for Gabon, said the Committee noted positively a national meeting organised in Libreville in February 2026 by the Ministry of Justice, with the objective to implement the Méndez Principles, with a concrete objective of developing a standardised register of deprivation of liberty and a letter of rights for all places of police custody, asking what actions had followed as a result. 

Jorge Contesse, Committee Expert and Country Rapporteur for Gabon, asked what type of medical screening was used to assess a person at the beginning of their detention?  What equipment did health professionals in prisons have to carry out appropriate medical examinations?  What medicines and supplies were available for the treatment of diseases inside prisons? How often were medical examinations carried out for incarcerated people?  Were gender-specific medical services offered?  What measures were in place to ensure HIV testing and treatment, prevent transmission, and prevent AIDS progression? 

Mr. Contesse also said the Committee had received very worrying information regarding the practice of organ harvesting and ritualistic abuse, including against persons with disabilities, and about the torture of children in ritual crimes, the widespread impunity enjoyed by the perpetrators, and the delay in the adoption of relevant laws.  These practices amounted to cruel and inhuman treatment and in many cases may amount to torture.  Could the delegation update this information?   When complaints were filed, who dealt with them?  How did the law account for ritualistic crime involving networks of individuals? 

Presenting the report, Edna Paola Biyogou Minko, Director-General for Human Rights at the Ministry of Justice of Gabon and head of the delegation, paid tribute to the Committee for all its work.  The provisions of article 11 of referendum law no. 002-R / 2024 of 19 September 2024 on the Constitution of the Gabonese Republic enshrined the absolute prohibition of torture and degrading treatment. Gabon had also begun an in-depth study to incorporate the criminalisation and definition of torture into its domestic law.  The adoption and promulgation of law 023/2024 of 21 November 2024 on the reorganisation of the National Human Rights Commission was also a significant step forward for Gabon, allowing the Commission to act as a national preventive mechanism. 

Responding to questions, the delegation said all prisons in Gabon had healthcare units and clinics.  They included imagery systems, laboratories, tuberculosis tests, and tests for HIV/AIDS.  In the Central Prison of Libreville, there was also a care unit to better address healthcare emergencies as they arose.  There was a rotation of doctors as well and other healthcare professionals. The healthcare centre in Libreville had gone from being a five-bed facility to one with 20 beds.  As well as doctors, there were also midwives at the facility who could provide support to births in the detention centre.  Numerous penitentiary security forces had also been trained in healthcare. 

The delegation said police services were looking at how to prosecute cases of ritualistic crimes, and in many cases had been able to apprehend the perpetrators.  Sometimes, mutilated bodies were discovered, but it was difficult to determine if they were the result of a ritualistic crime or another kind of murder.  These crimes were punished under the crime of murder, with the purpose of organ harvesting. 

In concluding remarks, Claude Heller, Committee Chairperson, said the Committee appreciated the delegation’s presence in Geneva and was available for support.

In her concluding remarks, Ms. Biyogou Minko said Gabon was committed to the fight against torture and counted on the ongoing support of the Committee.

The delegation of Gabon consisted of representatives from the Ministry of Justice; the Ministry of the Interior; the Ministry of Institutional Reform; the Human Rights Law Department; Immigration and Documentation; Criminal Affairs; the Court of First Instance of Libreville; Prison Security; and the Permanent Mission of Gabon to the United Nations Office at Geneva.

Documents relating to the Committee’s work, including reports submitted by States parties, are available on the session’s webpage.  Summaries of the public meetings of the Committee can be found here, and webcasts of the public meetings can be found here.

The Committee will next meet in public on Thursday, 23 April at 3 p.m. to conclude its consideration of the second periodic report of Pakistan (CAT/C/PAK/2). 

Report 

The Committee has before it the second periodic report of Gabon (CAT/C/GAB/2).

Presentation of Report 

EDNA PAOLA BIYOGOU MINKO, Director-General for Human Rights at the Ministry of Justice of Gabon and head of the delegation, said she was presenting the report on behalf of the Minister of Justice, Keeper of the Seals in charge of Human Rights, who was unable to come to Geneva to take part in the dialogue.  Ms. Biyogou Minko paid tribute to the Committee for all its work.  The presence of the Gabonese delegation testified to the country’s commitment to respect fundamental rights, human dignity and the rule of law. 

The provisions of article 11 of referendum law no. 002-R / 2024 of 19 September 2024 on the Constitution of the Gabonese Republic enshrined the absolute prohibition of torture and degrading treatment. Gabon had also begun an in-depth study to incorporate the criminalisation and definition of torture into its domestic law.  A legislative proposal was currently being prepared, which provided for several major advances, including the imprescriptibility of the crime of torture, the unenforceability of any hierarchical order invoked to justify it, and the absolute nullity of confessions obtained under duress, as well as the specific offences of enforced disappearance and smuggling of migrants.  These reforms, undertaken with the support of the United Nations Office on Drugs and Crime, would complete a legal arsenal that already punished these acts by up to 20 years of criminal imprisonment, particularly when committed by a public official. 

The adoption and promulgation of law 023/2024 of 21 November 2024 on the reorganisation of the National Human Rights Commission was also a significant step forward for Gabon, allowing the Commission to act as a national preventive mechanism.  The current legal framework guaranteed all persons in police custody respect for human dignity, in particular the right to notify any person of their choice, the right to a doctor, the right to silence, and the right to be assisted by a lawyer. To address recurring concerns about the first hours of police custody, Gabon was currently deploying a harmonised police custody register as well as a letter of rights.  These tools sought to prevent any secret detentions.

Due to prison overcrowding, the Government had launched a plan to rehabilitate prison infrastructure.  It included several measures, including extending the detention of minors to the Central Libreville Prison; constructing a penitentiary facility for minors; and modernising prison facilities, including through improving food conservation and health centres.  Additionally, the State had introduced mobile courts in several regions to reduce the length of pretrial detention and had established an Administrative Commission of Inquiry on the Prison Population in February 2026, which led to the release of 234 pre-trial detainees out of 513 cases, as well as increasing the use of alternative sentences and the number of social workers responsible for accompanying minors in detention. 

The national preventive mechanism would enter its operational phase in the coming months after the adoption of the draft law, which had slowed down the selection process of commissioners.  In accordance with the Paris Principles, this body had financial and administrative autonomy, and its members had the mandate to access, without notice, places of deprivation of liberty throughout the territory.  During the period under review, 54 male law enforcement officers were criminally prosecuted for torture and ill-treatment, despite challenges associated with the effectiveness of such investigative mechanisms. 

Training actions on human rights and the prevention of illegitimate violence had been increased, and programmes were being implemented to promote a culture of human rights and prevent violations.  These activities involved 300 prison officers in the fields of security and human management techniques for establishments, health and social work.  A project, implemented with the support of the Regional Office of the High Commissioner for Human Rights, had been launched to integrate human rights into the curricula of security and defence force training institutions in Gabon, which had generated significant results.  The certification of 20 national trainers from the police, gendarmerie, armed forces, Republican Guard and prison security had created a critical core of national expertise capable of deploying human rights trainings for new recruits and retraining officers starting 2026.  Initial feedback indicated a better understanding of human rights standards, including the use of force, detention practices, and the protection of civilians.

In closing, Ms. Biyogou Minko said the Gabonese State recognised the persistent challenges and was fully prepared to examine the observations and recommendations of the Committee in a dynamic of continuous improvement of the protection of human rights. 

Questions by Committee Experts

ABDERRAZAK ROUWANE, Committee Expert and Country Rapporteur for Gabon, said the Committee noted that the midstream evaluation of the recommendations of the Universal Periodic Review in 2025 had confirmed a process of ongoing reforms in Gabon.  The Committee welcomed Gabon's willingness to continue to interact with the United Nations human rights system through the ratification of eight of the nine core international human rights instruments and the submission of treaty body reports.  The Committee also welcomed Gabon's openness to all special procedures mandate holders by extending them a standing invitation, some of whom had visited the country during the period under review, including the Subcommittee on Prevention of Torture.  The last review of Gabon by the Committee was in November 2012, and the response to the list of issues considered as the second report due in 2016 was received in March 2024, which meant the Committee would be considering a period of 14 years.

The Committee noted that Gabon had made efforts to implement the recommendations regarding the definition and criminalisation of torture but remained concerned that the amendments still did not fully address the Committee’s recommendations.  Despite the positive amendments made by the 2020 and 2021 revisions, the provisions of article 224 of the Penal Code did not fully reflect the constituent elements of the definition of torture.  Could the delegation comment on this? What steps would be taken to enable the adoption of more advanced provisions?

The Committee also noted that the Code of Criminal Procedure of Gabon established a framework for police custody and the rights of apprehended persons, and that judicial police officers were placed under the direction of the Public Prosecutor.  According to the Code, the maximum duration of police custody was 48 hours, which could be renewed once by the Public Prosecutor.  Procedural safeguards were also in place, including the right to a lawyer, the right to inform a relative, and the right to be examined by a doctor, among others.  Despite the willingness of the State to continue reforms to improve the legal framework, the Committee was concerned by information received indicating that the lack of respect for these fundamental procedural safeguards in practice remained a major challenge for the prevention of torture, particularly during the first hours of liberty deprivation, when the risks were highest.

Could it be inferred that the right of a person in police custody to consult with an attorney remained limited?  The Committee noted positively a national meeting organised in Libreville in February 2026 by the Ministry of Justice, with the objective to implement the Méndez Principles, with a concrete objective of developing a standardised register of deprivation of liberty and a letter of rights for all places of police custody.  The Committee was informed of the adoption of an ambitious roadmap to integrate these tools into national policies and daily practices.  What were the components of this roadmap and the concrete steps taken to integrate the principles into national legal and procedural frameworks?

What measures had been taken to guarantee any person in police custody the effective right to inform a relative and to be examined without delay by a doctor?  How was it ensured that any person in police custody was immediately informed of their right to a lawyer and was entitled to a confidential interview from the beginning of police custody?  What steps had been taken to establish a standardised police custody register? Did the State party plan to set up the systematic audiovisual recording of all interviews conducted during police custody in police and gendarmerie premises?  What efforts had been made to strengthen the mechanisms for judicial supervision of places of police custody?

The Committee noted that, despite being party to several international instruments, the principle of non-refoulement was still not explicitly incorporated into Gabon’s domestic legislation, which was concerning.  Could Gabon provide updated information on the measures taken in the field of the integration of non-citizens and the regularisation of migration status, including statistics, on the results and effects of these measures?  The Committee was also concerned about reports that asylum seekers did not have access to health services while awaiting a decision on their refugee status. 

How did the authorities interpret the provisions of articles 624 to 635 of the Code of Criminal Procedure, which defined the conditions under which an extradition request may be granted, in compliance with the Convention?  Could examples be provided where courts had made decisions in favour of persons who were subject to deportation during the period under review?

The Committee had been informed of cases that constituted worrying examples concerning respect for the principle of non-refoulement, including of a Cameroonian activist who had resided in Gavon for several years, and was arrested in 2024 and handed over to Cameroonian authorities without any expulsion procedure.  Later that year, when his lawyers met him at the military court, they said his health had seriously declined and that he claimed he had been subject to torture and ill-treatment.  Other cases concerned the detention and deportation of several Turkish nationals and their family members to Türkiye.

These cases raised serious concerns about Gabon's compliance with its obligations under the Convention.  What steps did the State plan to take to explicitly enshrine the principle of non-refoulement in national legislation?  How did it ensure respect for the principle of non-refoulement, ensuring that no person was expelled or extradited to any State when there were substantial grounds for believing that they would be in danger of being subjected to torture or ill-treatment? 

How was it ensured that any expulsion or extradition measure was subject to a thorough individual examination, including an assessment of the risk of torture in the country of destination?  How did Gabon establish standard procedures for the identification and referral of asylum seekers, including unaccompanied or separated children and refugees or asylum seekers who had been trafficked?

The Committee noted the adoption of act no. 023/2024 of 21 November 2024 on the reorganisation of the National Human Rights Commission by designating it as the national mechanism for the prevention of torture in accordance with the obligations under the Optional Protocol to the Convention.  What were the reasons behind the delay in this operationalisation?  How was the selection and appointment process of the Human Rights Commission in line with the Paris Principles?  How was its financial independence ensured and that it had sufficient resources? 

What measures were being taken to ensure that the mechanism was able to carry out regular and unannounced visits to all places of deprivation of liberty?  Did the State plan to offer members of the preventive mechanism specialised training on visiting techniques, international standards for the protection of prisoners' rights, and reporting methodology?  How were its functional and financial independence ensured?

JORGE CONTESSE, Committee Expert and Country Rapporteur for Gabon, said the Committee had received reports of disproportionate prison overcrowding, between 400 and 700 per cent, at the Central Libreville Prison.  Could the State party provide data, disaggregated by type of institution, location and gender of prisoners, on the ratio of staff to inmates in each prison? How were the files of persons deprived of liberty managed?  Was there a national or centralised case management system?  Was the current prison case management system managed independently by each prison?  Were the records kept electronically or only on paper?  Were there any plans to modernise the current system to ensure proper case management and the release of people at the end of their sentence?

The State party had informed of a series of measures aimed at dealing with this crisis of prison overcrowding, including the creation of a Jurisdiction for Freedoms and Detention; what was the status of its creation?  What other concrete measures had the State taken to deal with this crisis? 

In February 2026, the Minister of Justice set up an administrative commission of inquiry to examine situations of irregular detention, with the aim of releasing "as soon as possible any person whose continued detention no longer had a legal basis".  Could the delegation provide an update on the status of this committee of inquiry and any results?  What did the Minister mean when he said that some people were detained without legal basis?  How many people were in this situation?

One of the main causes of this critical situation was the systematic and abusive use of pre-trial detention.  In March 2025, the visit of magistrates to the Central Prison of Libreville revealed that more than 77 per cent of the prison population were awaiting trial.  This situation was exacerbated by extremely long pre-trial detention periods, with some detainees awaiting trial for 10 to 12 years.  What was the regime of alternative sentences?  How were they accessed and how many people had benefitted? 

The Gabonese Penal Code provided for community service and other alternative penalties.  Out of the entire prison population, how many people had benefited from these measures?  What was the procedure to follow to benefit from these measures?  What other measures had the State party adopted to reduce prison overcrowding?  How many people had benefited from amnesty and conditional release?  How many foreign detainees were there?  How many visits had been made by the consular authorities?

How many visits had been carried out to prisons during the period under review?  Who had undertaken these visits and what were the results?  Where were the results of these visits recorded? How many complaints of arbitrary detention had been filed against prison officers who keep a person in detention despite a release order?  What was the status of the draft revision of the Penal Code for offences in cases where officials abused their powers and violated the rights of individuals?

The Committee had received information that in prisons, there was a lack of ventilation; unsanitary housing conditions; poor hygiene; insufficient and inadequate meals, drinking water, and access to medical care; and a lack of adequate sanitation facilities.  Deficiencies in this area, combined with overpopulation, led to skin diseases, diarrhoea and vomiting.  What was the current situation of the Central Prison of Libreville, as well as that of penitentiary institutions in general?  What type of medical screening was used to assess a person at the beginning of their detention?  What equipment did health professionals in prisons have to carry out appropriate medical examinations?  What medicines and supplies were available for the treatment of diseases inside prisons?  How often were medical examinations carried out for incarcerated people?  Were gender-specific medical services offered? What measures were in place to ensure HIV testing and treatment and prevent transmission and prevent AIDS progression? 

The Subcommittee on Prevention of Torture had been alarmed by the health status of the establishments visited in 2015, and had been shocked to see inmates emptying septic tanks and removing waste with their bare hands.   One aspect of particular concern was the self-management systems in prisons that led to serious situations of sexual violence.  The Subcommittee had heard consistent testimonies on the practice in the Central Prison of Libreville of allegedly "beating" new arrivals, including women and children, and on the possibility of escaping in exchange for a sum of money, as well as minors brought before "elders" to be raped. 

In October 2012, the death of a 20-year-old inmate due to intensive sodomisation was reported by the media and sparked controversy.  What information could the delegation provide regarding these serious allegations? What measures was the State taking to prevent the sexual violence that the Subcommittee observed more than 10 years ago in certain prisons housing many people deprived of their liberty? How many women were currently incarcerated in the Libreville Women's Prison? 

How had the construction and renovation work on the juvenile detention centre and school at the Central Prison of Libreville and the penitentiaries of Lambaréné, Makokou and Oyem helped to address these issues?  These were important steps which the Committee hailed. 

The Committee had received reports that in many cases children were deprived of their liberty in places intended for adult detainees, particularly in rural parts of the country.  Could the delegation provide detailed information on the measures taken to ensure the separation of minors and adults; and, likewise, of the accused and the convicted?  How many unannounced visits had been carried out by the Public Prosecutor's Office, the National Human Rights Commission, and the Inspectorate of Judicial Services to prevent violence in prisons?  What had been their results?  How many cases of ill-treatment had been detected? 

How had the national preventive mechanism implemented the right to have the competent authorities carry out an immediate and impartial investigation whenever there were reasonable grounds to believe that an act of torture had been committed?  How many such complaints were filed during the reporting period and what follow-up had been given?  Could the victim contest decisions taken by the Prosecutor?  How many disciplinary proceedings had been brought against law enforcement officers up to 2021 and 2022?  What had been the outcome of these procedures?  To ensure the prevention of torture, any statement obtained by coercive means must be expressly declared inadmissible.  What measures had the State party taken to implement this requirement of the Convention? 

The Committee had received very worrying information regarding the practice of organ harvesting and ritualistic abuse, including against persons with disabilities, as highlighted in 2015 by the Committee on the Rights of Persons with Disabilities.  Similarly, in 2016, the Committee on the Rights of the Child expressed deep concern about the torture of children in ritual crimes, the widespread impunity enjoyed by the perpetrators, and the delay in the adoption of relevant laws.  These practices amounted to cruel and inhuman treatment and in many cases may amount to torture.  There had been two recent cases in 2025 of a teenage boy and a five-year-old girl who were both found dead with signs of ritualistic mutilation.  Could the delegation update this information?  When complaints were filed, who dealt with them?  How did the law account for ritualistic crime involving networks of individuals? 

What kind of campaigns had been adopted to combat corporal punishment, how often were they carried out, and what mechanisms were used to evaluate their effectiveness?  The Committee on the Elimination of Discrimination against Women had expressed concern about the extent of violence against women, the absence of national strategy and legislation in this regard, and lack of assistance for victims.  Could the delegation provide detailed information on each of these aspects concerning measures to prevent, investigate and punish violence against women?  Could information be provided on the status of early marriages, whether they still took place, how many cases had been prosecuted, and what were their results?  How many proceedings had been initiated against persons accused of female genital mutilation and what had been the results of these investigations? Was the practice of female genital mutilation classified as an offence and was it considered aggravated?  What was the legal situation of abortion in Gabon?

A Committee Expert said the Istanbul Protocol had not been used in any training mentioned by the State party. Information had been received from other sources indicating that training received by judges and penitentiary staff was insufficient, fragmented and not institutionalised.  There was also no assessment mechanism for training. Could the State party provide information on measures being taken to draft and implement a national strategy for the security forces, judges, penitentiary staff and medical staff, including the training of relevant actors on the prevention of torture?  Had there been any training regarding mock interviews, using proper techniques, among others?  Were there assessments to allow the Committee to understand the impact of such training?

Another Expert congratulated Gabon for accelerating its economic development and social progress.  The State party attached significance to international cooperation which was positive.  Could the State party elaborate on international cooperation programmes and initiatives?  Were camera recordings set up in all interview rooms?  Were forensic examination centres established?  Did the State party streamline reporting channels of torture for victims and the public? 

Responses by the Delegation

The delegation said Gabon had ratified the Convention and to this day was working to ensure that the provisions of the State’s Criminal Code aligned with the provisions laid out in the Convention. Protection from reprisals from superior officers for reporting torture was included in the draft law.  The State was working on amending the Criminal Code, with provisions which covered the protection of witnesses, and the admissibility of evidence obtained under coercion or torture.  Once the text was adopted, a mechanism would be put in place to publish those who had committed torture. 

The current Criminal Procedural Code stated that should there be a request for extradition, the person must appear before a court in Libreville.  The case mentioned by the Committee had skirted the regular extradition procedure. A service was available in the immigration sector which addressed those who were victims.  A law was in force for individuals which enabled them to have the right to be examined by a doctor and have their family members informed, although the State acknowledged that there were difficulties in upholding the right to be examined by a doctor at times.  Of the 143 people recently held in Libreville, no one had been held for more than 48 hours. 

Police services were looking at how to prosecute cases of ritualistic crimes, and in many cases had been able to apprehend the perpetrators.  Sometimes, mutilated bodies were discovered, but it was difficult to determine if they were the result of a ritualistic crime or another kind of murder.  These crimes were punished under the crime of murder, with the purpose of organ harvesting. 

Previously, doctors and attorneys were not permitted to be candidates of the National Human Rights Commission.  The State had tried to allow these categories to have a part-time mandate and not become permanent members.  This would allow them to pursue their professional activities while being a member, strictly respecting the prevention of a conflict of interest and abstaining from participation if this was the case.  It was hoped that within a reasonable timeframe, the National Human Rights Commission would become operational in Gabon. 

There were more than 6,000 inmates in prisons throughout the country, including 213 foreign nationals.  Out of the more than 3,000 inmates in the Central Libreville Prison, 120 were women and four were foreigners.  An application was being developed to be used in all prisons, as part of the digitisation process being undertaken by the State.  The application would be linked to the various courts and jurisdictions and there would be a warning system for detention and custody. A roadmap and draft-harmonised register had been developed, as well as draft texts, including a draft decree for the register.  It was awaiting signatories from ministers, including the Minister of Justice. 

Several awareness raising campaigns were in place, including at all centres of deprivation of liberty.  All parties were involved in these campaigns, including healthcare professionals.  Training documents had been prepared but were awaiting ministerial approval.  The five training modules developed with the Office of the High Commissioner were already quite relevant.  The defence and security forces had been trained in torture prevention, which was a significant step forward. 

In 2024, Gabon developed a national strategy for combatting trafficking and had created a national commission in this regard, which would soon also cover vulnerable migrants. 

In 2021, the Gabonese Criminal Code was reviewed and amended to include the concept of conjugal rate.  Soon, there would be meetings held to address the issues of violence and rape.  Around 300 cases of rape were awaiting judgement across the country.  Medical staff were available at all times to support victims.  The text on abortion was reviewed in 2021.  There were specific cases when abortion was allowed, including in cases of rape, disease or when the mother was at risk. 

Regarding situations of people held in detention without proper reasons, this had been addressed and detainees had been released. A parliamentary session had been held regarding people who had attempted a coup d’état and had been sentenced to imprisonment.  A pardon came in 2025 through an ordinance.  There were alternative sentences available, including labour and a reparations sanction.  Labour was harder to impose, as the State needed to appoint a person who would determine when this alternative system could be used.  However, it was believed that in the near future, these measures would be used.   

Responses by the Delegation

The delegation said the process of establishing the National Human Rights Commission would take place shortly, after the adoption of the draft law.  Since 2012, the National Commission which was currently operational had staff and facilities and had seen its budget increase over the past few years. 

The Government had been committed to wide, sweeping reforms of the prison system since 2021, and was moving to create facilities in line with United Nations standards.  This month, there had been the inauguration of “arrest centres” in Port-Gentil, and one for women would also be built.  Another prison facility was also being constructed.  Beyond the issue of separating detainees by gender, this would address the issue of separating those who were awaiting their sentence, with those already serving sentences.

There was no prostitution of foreign minors in detention.  The practice of shaving a person’s head had been prohibited for around 20 years. However, if a detainee had a skin problem, this could lead to heads being shaved.  The State took note of reports of rape of minors entering the prison system by adults, but was sceptical in this regard, as minors and adults were kept separate within the prison system.  Such reports or allegations had not been recorded but the concern was noted.   

Violence between detainees existed, but the State had not noted any examples of this which led to deaths.  There were measures taken domestically when there was violence among inmates, including disciplinary measures.  Should this happen among minors, they could be moved to another cell in the criminal detention facility. 

All prisons in Gabon had healthcare units and clinics.  They included imagery systems, laboratories, tuberculosis tests, and tests for HIV/AIDS. In the Central Prison of Libreville, there was also a care unit to better address healthcare emergencies as they arose.  There was a rotation of doctors as well and other healthcare professionals.  The healthcare centre in Libreville had grown from a five-bed facility to one with 20 beds.  As well as doctors, there were also midwives at the facility who could provide support to births in the detention centre.  Numerous penitentiary security forces had also been trained in healthcare. 

Gabon had adopted a law in 2021 aimed at combatting violence against women.  Some 291 cases of rape were being investigated throughout the country and would be brought before judges.  Circulars were regularly issued to improve legal safeguards.

In the last few years, Gabon had received just two requests for extradition; from Rwanda and Burkina Faso.  Files were kept regarding foreign prisoners.  Once a request was submitted, the consulates could follow the case of their citizen in an ongoing manner. 

Two pilot projects had been launched to address the defence and security forces and increase willingness to identify acts of torture as well as prosecute the perpetrators.  Images captured by video surveillance systems were accessed daily in the police department, by those tasked with preventing torture. 

There was a framework for trafficking in Gabon’s Criminal Code, but there were legal gaps regarding its definition.  Efforts had been deployed by the Government through a draft law, which sought to modify the Criminal Code to bring it in line with the Palermo Protocol.  It had established a fine for the trafficking of migrants.  A Commission had been established to prevent and combat human trafficking, which represented a clear step forward for the country.   Manuals had also been drafted on how to care for victims of trafficking and vulnerable migrants. 

Cooperation between the Government and international agencies was being improved.  Gabon ensured access to health services for asylum seekers, just as it did for nationals. These groups had access to existing health infrastructure and could benefit from emergency care without discrimination.  Of the 268 refugees in the country, 24 benefitted from health insurance. 

Questions by Committee Experts

ABDERRAZAK ROUWANE, Committee Expert and Country Rapporteur for Gabon, said he appreciated the open dialogue, which showed the State’s willingness to take the Committee’s recommendations on board. The General Office of Military Security was endowed with certain prerogatives, allowing it to carry out investigations.  The Committee had received information indicating that some detentions took place which violated fundamental legal guarantees.  Several witness statements and accounts by those detained said they were held without an arrest warrant or formal notification of grounds for the arrest. Had these allegations been investigated by an independent inquiry? 

Was there information for any follow-up to recommendations for United Nations mechanisms seeking to improve the institutional framework?  Had any measures been taken to strengthen the mechanisms and procedures to identify, protect and assist victims of human trafficking?  What were the legal proceedings and sentences against perpetrators of human trafficking?  How was the effectiveness of measures to combat trafficking assessed? 

Had Gabon adopted a national action plan to reduce and eliminate statelessness, focusing on identification and the protection of migrants?  Was statelessness considered in the housing census?  Had any consultations been carried out with the Subcommittee on Prevention of Torture to benefit from their expertise and advice on the issue of doctors and medical professionals not being able to be full-time members of the National Human Rights Commission?

JORGE CONTESSE, Committee Expert and Country Rapporteur for Gabon, said 

the dialogue between the delegation and the Committee was positive.  The State party had improved access to the mechanism for reparations; however, information had been received that effective reparation measures had not been implemented.  There had been cases of alleged torture by officials where investigations had not even begun. 

The Committee had also received information on cases in so-called “B2” centres, including a member of the navy who had died after being violently apprehended in the centre.  Members of the army were held under custody, and an investigation was opened up under acts of torture leading to death.  Another case pertained to a Gabonese human rights activist who was kidnapped and experienced torture while being detained at one of these centres. Could the delegation comment on these centres of detention?  What was their mandate?  What were the legal guarantees in these centres?  How were these incidents being investigated? 

There was a 10-week limit for abortion.  However, most women only realised they were pregnant around six or seven weeks.  Legislation around rape and minors in regard to interrupting the pregnancy were unclear. Could the delegation clarify this? Which organizations were working in prisons and could they pay visits to penitentiary centres?

During the period under review, 54 men were criminally prosecuted for acts of torture and ill-treatment.  Among these cases, how many led to a sentence and what were they?

There were many issues within the legal system, including the high cost to obtain legal representation, strikes by legal professionals, and failure due to delay.  Could the State party comment on these issues? 

A Committee Expert asked what concrete measures were in place to ensure that all those deprived of liberty who were citizens of another country could have their State informed of their arrest?  Were these measures documented and made clear in the penitentiary institution?  Were regulations against detainees subject to an independent oversight mechanism?  In the minimum level of treatment for detainees, States were called upon to provide recreational and cultural activities for the prison population.  What were the options to implement these activities on a regular basis and how was their access ensured? 

Another Committee Expert asked for information about redress and compensation measures, including the means of rehabilitation ordered by the courts and provided to victims and their families? 

Responses by the Delegation

The delegation said the State party had requested details from Rwanda regarding extradition but had not heard back from them. Gabon worked with neighbouring countries to combat human trafficking. 

When the issue of the restriction of candidates for the National Human Rights Commission for doctors had arisen, the State had contacted the Subcommittee on Prevention of Torture for advice and best practices from other countries.  This was how they had reached the agreement for part-time mandates. 

Work was undertaken between the State and civil society organizations to ensure that the fundamental legal guarantees of prisoners were upheld and to carry out awareness-raising campaigns.

Activities were rolled out in all prisons to mitigate issues of inactivity and boredom.  There were classes on how to become a barber, how to sew, and how to make clothes.  For the past five years, workshops were held which enabled Gabonese citizens to visit prisons and have their hair cut and their clothes altered. 

Statelessness was a priority for Gabon.  With the support of United Nations organizations, the State party was aiming to create a bill on this topic and had begun a draft to set up a National Commission on Statelessness.  Since 2004, there had been a project between Togo and Gabon to put a stop to the illicit smuggling of persons between these two countries.  This was done with the support of the United Nations Children’s Fund, as well as friendly communities.  A project on social cohesion also aimed to address issues of statelessness.

When Gabon had refused an extradition to Rwanda, it offered to make the file available so the individual could be tried, but it was still waiting for a reaction from the Rwandan authorities.  A workshop was held in Gabon in January 2026 on consular visits and the obligations of judges and prosecutors. 

A circular was issued to the different prosecutors which did not provide precise information on the dates of visits. Sometimes on weekends, things fell through the cracks and there had been directives to step up the visits and to present a report after each visit.  The case mentioned by the Committee had shaken the country.  Around eight individuals were currently being prosecuted. 

Questions by a Committee Expert

JORGE CONTESSE, Committee Expert and Country Rapporteur for Gabon, asked what the reasons were for not publishing the most recent report of the Subcommittee on Prevention of Torture?  Regarding the investigations underway, had there been convictions handed down?  Could the civil society organizations which the State party cooperated with visit penitentiary facilities?  What was the situation regarding the interrogation of minors?  Could the delegation comment on the situation of Indian migrants in a certain region of the country, which had been compared to slavery?  What was the situation of human rights defenders?  What was the status of the draft law on their protection? 

Responses by the Delegation

The delegation said Gabon would be publishing the Subcommittee’s report from 2024.  It had not yet been published as the State needed to respond to numerous items within the report.  In Gabon, no child could be questioned without a lawyer, parent or social worker present.  A law adopted in 2022 protected the rights of human rights defenders.  Places of deprivation of liberty were places where there were challenges.  The role of the Government was to protect the individuals deprived of their liberty. So far, there had not been cases leading to convictions, but proceedings were underway.  The State would send the Committee information once they had results. 

Closing Remarks

CLAUDE HELLER, Committee Chairperson, said the Committee appreciated the delegation’s presence in Geneva and was available for support.

EDNA PAOLA BIYOGOU MINKO, Director-General for Human Rights at the Ministry of Justice of Gabon and head of the delegation, thanked the Committee for the dialogue.  Gabon was committed to the fight against torture and counted on the ongoing support of the Committee to implement the recommendations and help the State continue to respect its obligations under the Convention. 

 

 

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