E/CN.4/2000/9/Add.4 page 4 had advised the Government that he was receiving information, supported by a high number of individual cases, according to which the use of torture by the police to obtain “confessions” was almost systematic. Torture was also reportedly inflicted to intimidate detainees, to dissuade them from engaging in political activities and to extract bribes. Officers of the Directorate of Security Intelligence (DSI or “Special Branch” - since disbanded), the Criminal Intelligence Department (CID), members of the so-called “flying squad”, an elite force created in 1995 responsible for investigating armed robbery and carjackings, officers of the Kenya Wildlife Service (KWS) and of the local administrative police and members of the Kenya African National Union (KANU) Youth Wing, the youth division of the ruling party, were also said to carry out torture (see annex). The methods of torture were said to include: beatings, especially with wooden or plastic sticks; whippings on different parts of the body, especially the feet; beatings to the soles of the feet while suspended upside down on a stick passed behind the knees and in front of the elbows; rape and other genital abuses, such as inserting objects into the vagina and pulling of the penis or pricking it with pins. 7. Although detainees accused of offences for which the death penalty is not applicable are legally permitted to be held incommunicado for no more than 24 hours, in practice such detainees were reportedly often held incommunicado well beyond this limit. It was alleged that in order to maintain a state of incommunicado detention, officers often moved detainees from one police station to another upon arrest. It is during these periods that most torture and ill-treatment allegedly occurs. 8. Persons wishing to file a complaint against the police for ill-treatment were said to be discouraged or refused permission by the police to fill out the required form, the “Medical Examination Report”, known as the P3 form. Even when such forms were completed, they were said to be frequently lost or removed from case files. Many victims reportedly did not complain because prior to their release they might have been subjected to police threats of rearrest or other adverse consequences if they did so. 9. The Special Rapporteur had also transmitted to the Government information according to which courts rarely investigate complaints of torture, examine medical evidence, question the lack of medical treatment of a prisoner who alleges that he or she had been tortured, or declare evidence or confessions of guilt inadmissible when extracted by torture. Lawyers defending prisoners alleged to have been tortured have reportedly been threatened. The denial of medical care to prisoners was alleged to be prevalent. Private doctors were said to be frequently denied access to prisoners or to have to overcome such obstacles as obtaining a court order in order to gain such access. Doctors who were able to examine prisoners allegedly faced intimidation from warders. According to the information received, detainees were often refused access to hospitals or when taken to hospital were sometimes removed before treatment had been completed. 10. Finally, the Special Rapporteur had advised the Government that he was receiving information according to which prison conditions were extremely harsh and life-threatening. Prisoners were reportedly subjected to severe overcrowding, inadequate potable water, poor diet, sub-standard bedding and deficient health care. Furthermore, sick prisoners were said to be transported in the back of lorries, rather than ambulances, and reportedly often died while being transported to hospital. It was also alleged that some sick prisoners were not transported at all

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