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Bahrain

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 “harm[ing] an accused person physically or mentally.” Domestic and international human rights organizations, as well as detainees and former detainees, maintained that torture, abuse, and other cruel, inhuman, or degrading treatment or punishment by government security officials continued during the year. Information regarding specific new cases was limited.

Human rights groups reported previous detainee accounts alleging security officials beat them, placed them in stress positions, humiliated them in front of other prisoners, deprived them of sleep and prayers, and insulted them based on their religious beliefs. Human rights organizations also reported authorities denied medical treatment to injured or ill detainees and prisoners. The Ministry of Interior’s Ombudsman’s Office reported they investigated all complaints and made recommendations to the government to address concerns. Detainees reported that security forces committed abuses during searches, arrests at private residences, and during transportation. Detainees reported intimidation, such as threats of violence, took place at the Criminal Investigation Directorate (CID) headquarters facility. Some detainees at the CID reported security officials used physical and psychological mistreatment to extract confessions and statements under duress or to inflict retribution and punishment.

According to Amnesty International, Ali Mohamed Hakeem al-Arab and Ahmad al-Malali were tortured after being transferred to Jaw Prison following their January 31 conviction on charges including “forming and joining a terrorist group.” They were sentenced to death, and Amnesty International reported al-Arab also alleged being tortured into signing a confession.

The Ministry of Interior denied torture and abuse were systemic. The government reported it had equipped all prisons, detention facilities, and interrogation rooms at local police stations and the CID, with closed-circuit televisions cameras monitored at all times. In its 2017-18 annual report, the Ombudsman’s Office detailed four cases of video evidence being used in disciplinary cases against police officers.

Human rights groups reported authorities subjected children, sometimes younger than age 15, to various forms of mistreatment, including beating, slapping, kicking, and verbal abuse. The law considers all persons older than 15 to be adults.

Prison and Detention Center Conditions

Human rights activists reported conditions in prisons and detention centers were harsh and sometimes life threatening, due to overcrowding, physical abuse, and inadequate sanitary conditions and medical care. Detainees and human rights organizations also reported abuse in official pretrial detention centers, as well as in Isa Town Prison, Jaw Prison, and Dry Dock Detention Center.

Physical Conditions: Human rights organizations and prisoners reported gross overcrowding in detention facilities, which placed a strain on prison administration and led to a high prisoner-to-staff ratio. The quasi-governmental Prisoner and Detainees Rights Commission on Prisoner and Detainee Rights (PDRC) reports from 2015 detailed concerns regarding conditions in Jaw Prison, including overcrowding, unsanitary conditions, and lack of access to basic supplies. Previous reports from the Women’s Removal Center and Men’s Removal Center also highlighted some unsanitary conditions.

A number of female inmates staged hunger strikes to protest conditions in the Isa Town Prison, including what they viewed as unwarranted strip searches. Medina Ali began her strike on March 22 to protest allegedly being stripped-searched by authorities after a family visit. She claimed the strip search was retaliation for her political views; she also alleged that prison officials threatened to revoke her family visitation rights and telephone calls to punish her for the strike. On September 30, the National Institute for Human Rights (NIHR) visited the prison, and after a review of video and audio tapes of the alleged incidents, determined the prison guards’ actions were “within the limits of reasonable force.”

Although the government reported potable water was available for all detainees, there were reports of lack of access to water for drinking and washing, lack of shower facilities and soap, and unhygienic toilet facilities. Inmates’ families also reported water was only available for a few hours a day at Jaw Prison. Human rights organizations reported food was adequate for most prisoners; however, those prisoners needing dietary accommodations due to medical conditions had difficulty receiving special dietary provisions.

Authorities held detainees younger than 15 at the Juvenile Care Center, and criminal records are expunged after detainees under 15 are released.

The government housed convicted male inmates between ages 15 and 21 in separate buildings located on the grounds of the Dry Dock facility. The ministry separated prisoners younger than 18 from those between ages 18 and 21. Upon reaching 21, prisoners enter the general population at Jaw Prison.

The ministry reserved one ward in the pretrial detention center for the elderly and special needs detainees. The government reported they offered these detainees special food, health care, and personal services to meet their needs.

The ministry operated a center for rehabilitation and vocational training, including various educational programs, antiaddiction programs, and behavioral programs. Activists said that the programs lacked trained teachers and adequate supplies, and that the government did not allow some inmates to sit for national exams.

Although the ministry reported detention centers were staffed with experienced medical specialists and outfitted with modern equipment, prisoners needing medical attention reported difficulty in alerting guards to their needs, and medical clinics at the facilities were understaffed. Prisoners with chronic medical conditions had difficulty accessing regular medical care, including access to routine medication. Those needing transportation to outside medical facilities reported delays in scheduling offsite treatment, especially those needing follow-up care for complex or chronic conditions. In previous reports the PDRC noted numerous deficiencies with health services at most facilities, and human rights organizations noted some prisoners with chronic medical conditions lacked access to medical care. To address some of these concerns, the government maintained a separate ward for prisoners with infectious diseases.

In July human rights activists alleged on social media that officials had denied prisoners detained at Jaw Prison proper medical care and drinkable water. In the same month, Elias Mullah’s family asserted Mullah, serving a 15-year sentence, was dying from stage three colon cancer in Jaw prison and alleged prison officials had failed to ensure he received adequate medical treatment. They also reported that officials denied Mullah his cancer medication for 21 days.

Administration: The Ministry of Interior reported authorities registered the location of detainees from the moment of arrest. Authorities generally allowed prisoners to file complaints to judicial authorities without censorship, and officials from the Ombudsman’s Office were available to respond to complaints. Human rights groups reportedly sometimes had to file multiple complaints to receive assistance. Prisoners had access to visitors at least once a month, often more frequently, and authorities permitted them 30 minutes of calls each week, although authorities denied prisoners communication with lawyers, family members, or consular officials (in the case of foreign detainees) at times. Authorities generally permitted prisoners to practice their religion, but there were reports authorities sometimes denied prisoners access to religious services and prayer time.

Independent Monitoring: Authorities permitted access for the quasi-governmental NIHR and the PDRC (see section 5), as well as the Ombudsman’s Office and the Special Investigations Unit (SIU), which is part of the Public Prosecutor’s Office (PPO) in the Ministry for Justice and Islamic Affairs. During the year the Ministry of Interior highlighted the work of the Internal Audit and Investigations Department, which receives and examines complaints against security forces. According to the ombudsman’s Annual Report 2017-2018, it received 334 complaints between April 2017 and March, and it referred 30 of those cases to the SIU for further action and 90 for disciplinary proceedings. The largest number of referred cases (88) came from Jaw Prison, and the CID (15).

The SIU acted as a mechanism for the public to report prisoner mistreatment or poor conditions in prisons and detention facilities. The ombudsman began monitoring prisons and detention centers in 2013, conducting announced and unannounced visits and accepting written and in-person complaints. The ombudsman had complaint boxes at most Ministry of Interior detention facilities and staffed a permanent office at Jaw Prison to receive complaints. The Ombudsman’s Office reported it was able to access evidence preserved by the government after receiving complaints regarding mistreatment.

Amnesty International and other human rights organizations reported that government-affiliated human rights institutions did not fully investigate or follow up on claims of abuse. Furthermore, Amnesty reported that detainees faced reprisals for their or their families’ attempts to engage with the Ombudsman’s Office.

The Ministry of Interior reported that new prison housing facilities were under construction at year’s end that would help to decrease overcrowding by providing room for an additional 1,900 inmates.

Bangladesh

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

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

Although the constitution and law prohibit torture and other cruel, inhuman, or degrading treatment or punishment, local and international human rights organizations and the media reported security forces, including the intelligence services and police, employed torture and cruel, inhuman, or degrading treatment or punishment. Security forces reportedly used torture to gather information from alleged militants and members of political opposition parties. Security forces reportedly used threats, beatings, kneecappings, and electric shock, and sometimes committed rapes and other sexual abuses. Odhikar reported five deaths from torture during the first 10 months of the year.

The law contains provisions allowing a magistrate to place a suspect in interrogative custody, known as remand, during which questioning of the suspect can take place without a lawyer present. Human rights organizations alleged that many instances of torture occurred during remand.

On May 4, the Detective Branch (DB) of the Bangladesh Police detained Ashraf Ali on suspicion of kidnapping. After 35 hours of detention, Ali was taken to DMCH where he died three hours later. An autopsy conducted at DMCH concluded Ali suffered severe bruising on his lower body and sustained intestinal torsion. According to hospital authorities, DB asked the staff physicians at the hospital to issue a death certificate stating Ali died of natural causes. The physicians refused, reportedly due to Ali’s physical condition upon arrival. Ali’s family stated Ali was a hernia patient but was in otherwise good health.

On August 5, photojournalist Shahidul Alam was arrested for making “provocative comments” when reporting on student protests for road safety (see section 2. a.). When Alam was brought to court on August 6, he appeared unable to walk unassisted and showed visible injuries. During his testimony in front of the Chief Metropolitan Magistrate, Alam alleged on the first night of detention, he was blindfolded, a weight was placed on his head, and he was hit on the face. Subsequent medical reports released to the court on August 9, a day after a legally required medical examination at a public hospital, stated Alam had been deemed “physically and mentally sound.” On August 22, Alam’s wife, Rahnuma Ahmed, issued a press release requesting his transfer to a hospital. Ahmed reported during a visit to the jail, her husband claimed he was suffering from breathing difficulties, pain in his gums, and vision problems. Ahmed reported these health issues did not predate his detention. Alam was released on bail on November 20.

According to the United Nations, three allegations of sexual exploitation and abuse against Bangladeshi peacekeepers reported from 2015-17 remained pending. The cases alleged both sexual exploitation (exploitative relationship, transactional sex) and abuse (sexual assault against minors) involving peacekeepers deployed in the UN Stabilization Mission in Haiti and the UN Organization Stabilization Mission in the Democratic Republic of Congo. Two allegations have been substantiated according to UN investigations. The peacekeepers in question were repatriated by the United Nations. The investigations by Bangladesh authorities were pending at the end of the year.

Prison and Detention Center Conditions

Prison conditions remained harsh and at times life threatening due to overcrowding, inadequate facilities, and a lack of proper sanitation. There are currently no private detention facilities. ASK claimed these conditions contributed to custodial deaths, which it claimed totaled 74 from January through December.

Physical Conditions: According to the Department of Prisons, in November more than 95,000 prisoners occupied a system designed to hold approximately 37,000 inmates. Authorities often incarcerated pretrial detainees with convicted prisoners.

According to the Ministry of Home Affairs, as of October, Bangladesh prisons held more than 90,000 prisoners compared to an official capacity of roughly 36,000; prisoners slept in shifts and did not have adequate toilet facilities. In 2016 human rights organizations and the media stated some prisoners did not receive medical care or water, although prison authorities maintained each prisoner had access to water. Water available in prisons was comparable with water available in the rest of the country, which was frequently not potable.

Conditions in prisons, and often within the same prison complex, varied widely. Authorities lodged some prisoners in areas subject to high temperatures, poor ventilation, and overcrowding. The law allows individuals whom prison officials designated as “VIPs” to access “Division A” prison facilities with improved living and food, more frequent family visitation rights, and the provision of another prisoner without VIP status to serve as an aide in the cell.

While the law requires holding juveniles separately from adults, authorities incarcerated many juveniles with adults. Children were sometimes imprisoned (occasionally with their mothers) despite laws and court decisions prohibiting the imprisonment of minors.

Authorities routinely held female prisoners separately from men. Although the law prohibits women in “safe custody” (usually victims of rape, trafficking, and domestic violence) from being housed with criminals, officials did not always provide separate facilities. Authorities must issue permission for these women to leave this “safe custody.”

Although Dhaka’s central jail had facilities for those with mental disabilities, not all detention facilities had such facilities, nor are they required to by law. Judges may reduce punishments for persons with disabilities on humanitarian grounds. Jailors also may make special arrangements, for example, by transferring inmates with disabilities to a prison hospital.

Administration: Prisons had no ombudsmen to whom prisoners could submit complaints. Prison authorities indicated they were constrained by significant staff shortages. The scope for retraining and rehabilitation programs was extremely limited.

Independent Monitoring: The government permitted visits from governmental inspectors and nongovernmental observers who were aligned with the incumbent party. No reports on these inspections were released.

Guyana

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. There were allegations, nonetheless, that prison officials mistreated inmates as well as claims that police tortured suspects and detainees.

In July, Jameek Hakim alleged police tortured him during an interrogation. The government’s investigation of Hakim’s allegations continued as of October.

In January the government charged a police officer for raping a minor in August 2017. The minor was in police custody at the time of the incident. The case against the police officer was in progress as of November.

Prison and Detention Center Conditions

Prison and jail conditions, particularly in police holding cells, were reportedly harsh and potentially life threatening due to overcrowding, physical abuse, and inadequate sanitary conditions.

Physical Conditions: In October the Guyana Prison Service reported there were 2,216 prisoners in eight facilities with a combined design capacity of 1,505. Overcrowding was in large part due to a backlog of pretrial detainees, who constituted approximately 30 percent of the total prison population.

In May the government released the findings of a 2017 independent study funded by the Inter-American Development Bank that found prison officers physically abused prisoners. The government reported the UN Working Group of Experts on People of African Descent found that prison conditions at the Lusignan Prison were appalling and cells were unfit for human habitation. Prisoners reported unsanitary conditions and a lack of potable water, and they also complained of lengthy confinement in their cells with limited opportunities for sunlight.

The adult prison population contained individuals 16 years of age and older. In most cases, however, offenders under the age of 16 were held in a juvenile correctional center that offered primary education, vocational training, and basic medical care.

Administration: Authorities stated they investigated and monitored prison and detention center conditions monthly, and committees prepared reports after each visit. Prisoners often circumvented procedures for submitting complaints of inhuman conditions or mistreatment by passing letters addressed to government officials through family members.

Independent Monitoring: The government permitted outside groups to monitor prison conditions independently. During the year the UN Working Group of Experts on People of African Descent visited the Lusignan Prison.

Iraq

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, neither defines the types of conduct that constitute torture, and the law gives judges full discretion to determine whether a defendant’s confession is admissible. There were numerous reports that government officials employed torture and other cruel, inhuman, or degrading treatment or punishment, and that courts routinely accepted forced confessions as evidence, which was often the only evidence in ISIS-related counterterrorism cases.

As in previous years, there were credible reports that government forces, including Federal Police, NSS, PMF, and Asayish, abused and tortured individuals–particularly Sunni Arabs–during arrest, pretrial detention, and after conviction. Former prisoners, detainees, and international human rights organizations documented cases of torture and other cruel, inhuman, or degrading treatment or punishment in Ministry of Interior-run facilities and to a lesser extent in Ministry of Defense-run detention facilities, as well as in facilities under KRG control.

In an August report, HRW documented details of torture and other cruel, inhuman, or degrading treatment or punishment of detainees in custody in facilities run by the Ministry of Interior in the Mosul area. These included the Mosul police office and the Intelligence and Counter-Terrorism Office’s Faisaliya Prison in east Mosul as well as Qayyarah Prison, which reportedly consisted of a group of three abandoned and dilapidated houses south of Mosul. According to HRW, one interviewee reportedly witnessed or experienced repeated torture during interrogations at Faisaliya Prison from January to May, including: hanging from the hands bound behind the back; beatings with plastic and metal pipes and cables, including on the soles of the feet; burning of the penis and testicles with a hot metal ruler; hanging by a hook and tying a one-quart water bottle to the penis; and kneeling with the hands tied together behind the back. The May report also cited a man who reportedly saw other men returning from interrogations with physical signs of abuse during his year in detention at Qayyarah and Faisaliya Prisons. HRW stated the government’s failure to investigate the reports properly led to a culture of impunity among security forces. In September the government reported it had started an investigation committee to look into the accusations.

Denial of access to medical treatment was also a problem. Local human rights organizations reported that government forces in Basrah Governorate prevented hospitals from treating people injured in protests against the government in September.

In May a video circulated among local human rights civil society organizations (CSOs) in which Rayan al-Kildani, leader of the Iran-aligned Babylon Brigade PMF group, cut off the ear of a handcuffed detainee.

Instances of abusive interrogation also reportedly occurred in some detention facilities of the KRG’s Asayish internal security unit and the intelligence services of the major political parties–the Kurdistan Democratic Party’s (KDP) Parastin, and the Patriotic Union of Kurdistan’s (PUK) Zanyari. According to local and international human rights organizations, mistreatment of prisoners and detainees in the KRG typically occurred before their arrival at official detention facilities.

The Independent Human Rights Commission of the Kurdistan Region (IHRCKR) reported in September that the KRG held 56 boys in an Erbil juvenile detention facility on ISIS-related accusations, of whom 42 were convicted of crimes and 14 were still awaiting trial. Most of the boys alleged both PMF and KRG security forces subjected them to various forms of abuse, including beatings. In August, HRW reported that virtually all of the abuse alleged by these boys occurred between their arrest and their arrival at long-term detention facilities, rather than at the detention facilities themselves.

Prison and Detention Center Conditions

Prison and detention center conditions were harsh and life threatening due to food shortages, gross overcrowding, physical abuse, and inadequate sanitary conditions and medical care.

Physical Conditions: Overcrowding in government-run prisons was a systemic problem exacerbated by an increase in the number of alleged ISIS members detained during the year. In addition three of the 24 correctional facilities managed by the Iraqi Corrections Service, the government entity with legal authority to hold persons after conviction, were not operational due to the security situation.

Al-Nasiriyah Central Prison, also known as al-Hoot Prison, in Dhi Qar Governorate, was designed to hold 2,400 prisoners, but Iraq High Commission for Human Rights (IHCHR) observers reported in July that the prison held approximately 9,000 prisoners.

Overcrowding exacerbated corruption among some police officers and prison administrators, who reportedly took bribes to reduce or drop charges, cut sentences, or release prisoners early.

Authorities separated detainees from convicts in most cases. Prisoners facing terrorism charges were isolated from the general detainee population and were more likely to remain in Ministry of Interior or Ministry of Defense detention for longer periods.

Although the government held most juvenile pretrial detainees and convicts in facilities operated by the Ministry of Labor and Social Affairs, there were reports that Ministry of Justice-administered prisons, Ministry of Interior police stations, and other Ministry of Interior detention facilities held some juveniles in separate facilities or mixed with adult prisoners.

The Ministry of Justice reported there were no accommodations for inmates with disabilities, and a previously announced ministry initiative to establish facilities for such detainees was not fully implemented as of August.

Inmates in government-run prisons and detention centers often lacked adequate food, potable water, sanitation, ventilation, lighting, and medical care. Some detention facilities did not have an onsite pharmacy or infirmary, and authorities reported that even when they existed, pharmacies were often undersupplied and government officers reportedly withheld medication or medical care from prisoners and detainees. Women’s prisons often lacked adequate child-care facilities for inmates’ children, whom the law permits to remain with their mothers until age four. Limited and aging infrastructure worsened sanitation, limited access to potable water, and led to preparation of poor-quality food in many prison facilities. Authorities reportedly kept prisoners confined in their cells for long periods without an opportunity for exercise or use of showers or sanitary facilities.

HRW reported in July that NSS admitted detaining more than 400 individuals (many unlawfully) in a secret detention facility in east Mosul. The facility was a two-story house next to the NSS office in al-Shurta neighborhood. There appeared to be no legal mandate for this facility, and its existence previously was denied. After being detained there in April, Faisel Jeber told HRW that he was one of almost 80 detainees in a room 13 feet by 16 and a half feet with one window and a small ventilator. According to Jeber, half the prisoners were standing and the other half sitting because there was not enough room for everyone to sit at the same time. Jeber said that on his first night, someone died from torture and another had an epileptic seizure but received no medical attention. Some bribed guards to communicate with their families indirectly, but reportedly no one was allowed a family visit even after two years in detention. HRW reported conditions in al-Shurta were similar to facilities in Qayyarah and Hammam al-Alil, facilities HRW visited in 2017.

According to UNAMI the KRG’s newer detention facilities in major cities were well maintained, although conditions remained poor in many smaller detention centers operated by the KRG Ministry of Interior. In some KRG Asayish detention centers and police-run jails, KRG authorities occasionally held juveniles in the same cells as adults. An IHRCKR report stated that authorities housed more than 40 minors, with ages ranging from six months to 12 years, in Erbil prisons with their convicted mothers, as of November. UNICEF funded a separate annex to the prison for these minors, but they continued to lack access to education. After reports of poor quality food in prisons, the mayor of Erbil replaced the companies contracted to provide food services in Erbil prisons and ensured new contracts included strict quality standards.

Administration: The central government reported it took steps to address allegations of mistreatment in central government facilities, but the extent of these steps was not known. Several human rights organizations stated that the country’s judges frequently failed to investigate credible allegations that security forces tortured terrorism suspects and often convicted defendants based (often solely) on allegedly coerced confessions.

Prison and detention center authorities reportedly sometimes delayed the release of exonerated detainees or inmates due to lack of prisoner registration or other bureaucratic issues, or they extorted bribes from prisoners for release at the end of their sentence. International and local human rights groups reported that authorities in numerous instances denied family visits to detainees and convicts. Guards allegedly often demanded bribes or beat detainees when detainees asked to call their relatives or legal counsel. A Ninewa Governorate official said PMF released arrestees and detainees suspected of having ISIS ties after they paid bribes.

The KRG had no uniform policy for addressing allegations of abuse by KRG Ministry of Interior officers or the Asayish. In a March report on prison conditions across the IKR, the IHRCKR stated some prisons failed to maintain basic standards and to safeguard the human rights of prisoners. The report emphasized the need for new buildings and for laws to protect the rights and safety of inmates, such as separating drug dealers and drug users. In May, seven inmates were killed and 18 injured in a fire set during a riot inside Zarka Prison in Duhok Governorate.

Independent Monitoring: Iraqi Corrections Service prisons allowed regular visits by independent nongovernmental observers. The International Committee of the Red Cross (ICRC) reported the Ministries of Justice, Interior, Defense, and Labor and Social Affairs largely permitted them access to prisons and detention facilities. Authorities also granted UNAMI access to Ministry of Justice prisons and detention facilities in Baghdad. There were reports of some institutional interference in prison visits, and in some cases institutions required advance notification to wardens and prison officials for outside monitor visits. The government denied the existence of some secret detention centers but admitted the existence of an NSS detention center in al-Shurta, east Mosul, despite previous denials, and permitted monitoring of a replacement facility.

The KRG generally allowed international human rights NGOs and intergovernmental organizations to visit convicted prisoners and pretrial detainees, but occasionally authorities delayed or denied access to some individuals, usually in cases involving terrorism. The United Nations and the ICRC had regular access to IKR prisons and detention facilities. Local CSO Kurdistan Human Rights Watch (KHRW) reported that, although they were previously able to access any IKR prison without notice, they increasingly had to request permission in advance to gain access. They usually received permission, but typically at a higher rate and more quickly at Ministry of Social Affairs prisons than those run by the Asayish. KHRW also stated the Asayish sometimes denied holding prisoners to avoid granting independent organizations access to them. KHRW stated in July they had evidence that two Kurdish youth arrested in March on suspicion of drug trafficking remained in Asayish custody without trial, but Asayish authorities denied any knowledge of their cases.

Kuwait

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 torture and other cruel, inhuman, or degrading treatment or punishment, but there continued to be reports of torture and mistreatment by police and security forces against detained members of minority groups and noncitizens.

Several persons claimed police or Kuwait State Security (KSS) force members beat them at police checkpoints or in detention. Six foreign nationals held at the detention center managed by the Drug Enforcement General Department (DEGD) reported credible cases of mistreatment during interrogation. Detainees reported being bound by the hands and feet and suspended by a rope while an interrogator beat their legs and feet with a wooden stick to coerce confessions or encourage them to give up information. Under the law when meeting with a public prosecutor, prisoners should be afforded an opportunity to file a claim of abuse to be referred to a designated physician for a medical exam and to document and treat their injuries. Two of these prisoners claimed that this opportunity was not provided to them; others may not have been aware they had this right under the country’s laws. The DEGD investigated and found no evidence of the torture of the six foreign nationals.

The government stated it investigated complaints against police officers and that disciplinary action was taken when warranted. Disciplinary actions in the past included fines, detention, and occasionally removal from their positions or termination. The government did not make public the findings of its investigations or punishments it imposed. In one publicized case in March, the Appeals Court upheld a ruling against a police officer who was terminated from his job and sentenced to five years in prison on charges of creating false documentation and blackmail in a drug related case. Although government investigations do not lead to compensation for victims of abuse, the victim can utilize government reports and results of internal disciplinary actions to seek compensation via civil courts.

Prison and Detention Center Conditions

According to the Human Rights Committee at the National Assembly, the prisons lacked the minimum standards of cleanliness and sanitation, were overcrowded, and suffered from widespread corruption in management, leading to drug abuse and prisoner safety issues. International observers who visited the Central Prison corroborated some of the reports. In February a group of defendants alleged there was a severe bacterial meningitis outbreak in the general prison population and requested authorities to take immediate action to resolve the problem. The defendants included members of the opposition in parliament as well as known political activists. The Ministry of Interior’s decision to transfer the prison hospital back to Ministry of Health management in accordance with international regulations and standards was commended by the International Committee of the Red Cross.

Physical Conditions: Prison overcrowding continued to be a significant problem. The three prisons in the country’s Central Prison Complex were designed to accommodate 2,500 prisoners, but the population had reached more than 6,000 inmates during the year. Prisoners share large dormitory cells that were designed to accommodate 20 to 30 inmates. During interviews with foreign diplomatic representatives, prisoners at the facilities reported it was common for double or triple that number of prisoners to be held in one cell. Inmates incarcerated at the central prison said the prison cells have become so overcrowded that they were forced to sleep on the floor in their cells, on mattresses in the hallway outside their cells, or share beds with other inmates.

In January the Ministry of Interior and the Public Prosecutor’s office agreed to form a special committee tasked with addressing the problem of overcrowding in the prison system. In February the emir ordered the payment of debts for citizens and foreign residents in prison, paving the way for release or extradition of detainees. In April the government issued a pardon commuting the sentences of nearly 2,300 inmates.

A nursery complex was provided for female inmates with young children. Officials stated the prison was not designed to accommodate prisoners with disabilities, adding that there had not been any convict with a significant disability held in the Central Prison.

The number of inmates at the Talha Deportation Center often went significantly beyond the 500 detainees it was designed to accommodate for brief periods. Detainees housed there faced some of the worst conditions in the prison system. Noncitizen women pending deportation were held at the Women’s Prison in the Central Prison Complex due to lack of segregated facilities at the deportation center. Resident representatives from various foreign missions reported that detainees complained of discrimination according to national origin and citizenship status.

Administration: There were some reports of corruption and lack of supervision by the administration of the prison and detention center system. While inmates lodged complaints against prison officials and other inmates, no information was available on the resolution of these complaints.

Independent Monitoring: The Ministry of Interior permitted independent monitoring of prison conditions by some nongovernmental observers and international human rights groups and required written approval for visits by local NGOs. Authorities permitted staff from the ICRC and the UN High Commission for Refugees (UNHCR) to visit the prisons and detention centers. The Kuwait Society for Human Rights and the Kuwait Association for the Basic Evaluation of Human Rights were allowed to visit prisons during the year. A government official stated that local and international NGOs visited prisons approximately 75 times during the year.

Lebanon

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

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

The penal code prohibits using acts of violence to obtain a confession or information about a crime, but the judiciary rarely investigated or prosecuted allegations of such acts. In September 2017 parliament approved a revised law against torture designed to align the country’s antitorture legislation better with the UN Convention Against Torture. The law prohibits all forms of torture or cruel, inhuman, or degrading punishment. Some nongovernmental organizations (NGOs) alleged that security officials mistreated detainees.

Human rights organizations reported that incidents of abuse occurred in certain police stations. The government denied the systematic use of torture, although authorities acknowledged violent abuse sometimes occurred during preliminary investigations at police stations or military installations where officials interrogated suspects without an attorney present.

In a July 15 report released by the NGO Human Rights Watch (HRW), local actor Ziad Itani alleged that officers from the General Directorate of State Security (GDSS) detained him incommunicado for six days in November 2017 and subjected him to torture until he confessed to collaborating with an Israeli agent. According to the report, Itani claimed that GDSS officers held him in a room designed for torture in an unknown location where they repeatedly beat and kicked him, hung him in a stress position, and used electrical cables to beat him, including on his exposed genitals. GDSS officers also allegedly threatened Itani and his family with rape and physical violence. The report claimed that Itani reported the torture to the Military Court during his first hearing in December 2017, but the judge failed to investigate the allegations as required by law. On May 29, the presiding judge dismissed the case against Itani after concluding the evidence against him appeared to be fabricated. Authorities subsequently charged a high-ranking police official for conspiring to fabricate evidence against Itani. After his release Itani visited Prime Minister Hariri who declared his arrest was based on “wrong information.” There were no reports that officials launched an investigation of the GDSS officers involved.

Although human rights and LGBTI organizations acknowledged some improvements in detainee treatment during the year, these organizations and former detainees continued to report that Internal Security Forces (ISF) officers mistreated drug users, persons involved in prostitution, and LGBTI individuals in custody, particularly through forced HIV testing, threats of prolonged detention, and threats to expose their status to family or friends.

One civilian employee of the UN Interim Force in Lebanon (UNIFIL) was accused of sexual exploitation in March 2017. The incident was alleged to have taken place in 2014 or 2015. According to the United Nations, the accused individual resigned after being placed on administrative leave without pay. An Office of Internal Oversight Services investigation substantiated the allegation in late 2017, and the United Nations placed a note of the outcome in the subject’s Official Status File.

Prison and Detention Center Conditions

Prison and detention center conditions were often overcrowded, and prisoners sometimes lacked access to basic sanitation. As was true for most buildings in the country, prison facilities were inadequately equipped for persons with disabilities.

Physical Conditions: As of October there were approximately 9,000 prisoners and detainees, including pretrial detainees and remanded prisoners, in facilities built to hold 3,500 inmates. Roumieh Prison, with a designed capacity of 1,500, held approximately 3,250 persons. Authorities often held pretrial detainees together with convicted prisoners. ISF statistics indicated that the prisons incarcerated more than 1,000 minors and approximately 300 women. The ISF incarcerated women at four dedicated women’s prisons (Baabda, Beirut, Zahle, and Tripoli).

Conditions in overcrowded prisons were poor. According to a government official, most prisons lacked adequate sanitation, ventilation, and lighting, and authorities did not regulate temperatures consistently. Prisoners lacked consistent access to potable water. Roumieh prisoners often slept 10 in a room originally built to accommodate two prisoners. Although better medical equipment and training were available at Roumieh, basic medical care suffered from inadequate staffing, poor working conditions, and extremely overcrowded medical facilities. Some NGOs complained of authorities’ negligence and failure to provide appropriate medical care to prisoners, which may have contributed to some deaths. The ISF reported that none died of police abuse, and there were no cases of rape in prisons during the year. During the year 12 prisoners died of natural causes and one prisoner died of a drug overdose.

There were reports that some prison officials engaged in sexual exploitation of female prisoners in which authorities exchanged favorable treatment such as improved handling of cases, improved cell conditions, or small luxuries like cigarettes or additional food to women willing to have sex with officials.

Administration: The ISF’s Committee to Monitor Against the Use of Torture and Other Inhuman Practices in Prisons and Detention Centers conducted 110 prison visits as of October. Parliament’s Human Rights Committee was responsible for monitoring the Ministry of Defense detention center. The minister of interior assigned a general-rank official as the commander of the inspection unit and a major-rank official as the commander of the human rights unit. The minister instructed the units to investigate every complaint. After completing an investigation, authorities transferred the case to the inspector general for action in the case of a disciplinary act or to a military investigative judge for additional investigation. If investigators found physical abuse, the military investigator assigned a medical team to confirm the abuse and the judge ruled at the conclusion of the review. As of October there were no complaints reported to the ISF committee. According to the ISF Human Rights Unit, in the course of its own investigations, the ISF took disciplinary action against officers it found responsible for abuse or mistreatment, including dismissals, but it did not publicize this action.

During the year authorities arrested an ISF prison officer on charges of sexual abuse against an inmate. The case was ongoing as of October.

Families of prisoners normally contacted the Ministry of Interior to report complaints, although prison directors could also initiate investigations. According to a government official, prison directors often protected officers under investigation. Prisoners and detainees also have the ability to report abuse directly to the ISF Human Rights Unit.

Independent Monitoring: The government permitted independent monitoring of prison and detention conditions by local and international human rights groups and the International Committee of the Red Cross (ICRC), and such monitoring took place. The ICRC regularly visited 23 prisons and detention centers.

Nongovernmental entities, such as the FTO Hizballah and Palestinian nonstate militias, also reportedly operated unofficial detention facilities. On August 19, local media published leaked photos purportedly showing entrances to several secret, Hizballah-run prisons in Beirut’s southern suburbs where Hizballah allegedly held, interrogated, and tortured detainees.

Improvements: ISF training and corrections staff continued to institutionalize best practices to protect human rights through developing and implementing standard operating procedures, and modifying hiring practices and training programs to improve professionalization among new officers.

On June 25, the country’s State Prosecutor ordered judges to cease prosecution of drug users before providing them the opportunity to participate in a treatment program; NGOs and international organizations cited the prosecution of drug users as a factor contributing to extended pretrial detention and overcrowding in prisons and detention centers.

Niger

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; however, there were reports security forces beat and abused civilians, especially in the context of the fight against terrorism in Diffa and Tillabery Regions. Security forces were also accused of rape and sexual abuse, which the government claimed to investigate. For example, the government reported that the state prosecutor was investigating three rapes attributed to agents of local security forces in the Diffa Region.

There were indications that security officials were sometimes involved in abusing or harming detainees, especially members of the Fulani minority or those accused of affiliation with Boko Haram or other extremist groups. There were allegations that security forces and local leaders in the Diffa Region would harass or detain citizens they accused of collusion with Boko Haram, forcing the citizens to pay a “ransom” to end the harassment.

As of October the CNDH, to the extent that resources allowed, was investigating allegations that security forces or agents of the government had committed extrajudicial killings, abuse, and disappearances. The government and military reportedly also investigated these accusations, although no information was available on their conclusions.

Prison and Detention Center Conditions

Conditions in the prisons were harsh and life threatening due to food shortages, overcrowding, and inadequate sanitary conditions and medical care.

Physical Conditions: The government reported in October there were 39 prisons designed to hold 10,005 persons. According to the government, prisons held 9,570 inmates; however, human rights observers stated that overcrowding remained a widespread problem. For example, in Kollo Prison, prisoners slept outside in the courtyard due to lack of space inside the wards. Prison officials held female inmates in separate quarters that were less crowded and relatively cleaner than men’s quarters. They generally held juveniles separately in special rehabilitation centers or in judicially supervised homes, although they held some juvenile prisoners with adult prisoners. The prison system made no provision for special services for detainees with disabilities. Authorities held pretrial detainees with convicted prisoners.

Prison deaths occurred regularly, some from malaria, meningitis, and tuberculosis, but no statistics were available.

Nutrition, sanitation, potable water, and medical care were poor, although officials allowed inmates to receive supplemental food, medicine, and other items from their families. Basic health care was available, and authorities referred patients with serious illness to public health-care centers.

Administration: Judicial authorities and the CNDH investigated and monitored prison and detention center conditions and followed up on credible allegations of inhuman conditions. Prison management generally permitted prisoners and detainees to submit complaints to judicial authorities without censorship.

Independent Monitoring: Authorities generally granted the International Committee of the Red Cross (ICRC), the CNDH, and human rights groups access to most prisons and detention centers, including police station jails, and these groups conducted monitoring visits during the year.

Improvements: The Ministry of Justice stated that access to fresh water had improved in some prisons. The government built two new detention centers in the Maradi Region.

The ICRC worked with local prison administration to facilitate family visits for those detained in connection with the conflict in Tillabery and Diffa Regions and imprisoned far from their families in Niamey.

Nigeria

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 torture and other cruel, inhuman, or degrading treatment. In December 2017, the president signed the Anti-Torture Act, which defines and specifically criminalizes torture. The Act prescribes offences and penalties for any person, including law enforcement officers, who commits torture or aids, abets, or by act or omission is an accessory to torture. It also provides a basis for victims of torture to seek civil damages. The Administration of Criminal Justice Act (ACJA), passed in 2015, prohibits torture and cruel, inhuman, or degrading treatment of arrestees; however, it fails to prescribe penalties for violators. Each state must also individually adopt the ACJA for the legislation to apply beyond the FCT and federal agencies. As of November the states of Akwa Ibom, Anambra, Cross Rivers, Delta, Ekiti, Enugu, Kaduna, Lagos, Ogun, Ondo, Oyo, and Rivers had adopted ACJA-compliant legislation.

The Ministry of Justice previously established a National Committee Against Torture (NCAT). Lack of legal and operational independence and lack of funding, however, prevented NCAT from carrying out its work effectively.

The law prohibits the introduction into trials of evidence and confessions obtained through torture. Authorities did not respect this prohibition, however, and, according to credible international organizations, the Special Antirobbery Squad (SARS) often used torture to extract confessions later used to try suspects. Police also repeatedly mistreated civilians to extort money.

In 2016 AI reported police officers in the SARS regularly tortured detainees in custody as a means of extracting confessions and bribes. In response to AI’s findings, the inspector general of police reportedly admonished SARS commanders and announced broad reforms to correct SARS units’ failures to follow due process and their use of excessive force. Allegations of widespread abuse by SARS officers, however, continued throughout the year. In late 2017 citizens began a social media campaign (#EndSARS) to document physical abuse and extortion by SARS officers and demand SARS units be disbanded. In December 2017 the inspector general of police announced plans to reorganize SARS units, but complaints of abuse continued. Several SARS officers were dismissed from the force and, in some instances, prosecuted, and the National Police Force (NPF) sought technical assistance for investigations of SARS officers. The vast majority of misconduct cases, however, went uninvestigated and unpunished. In August then-acting President Yemi Osinbajo ordered the inspector general of police to overhaul the management and activities of SARS, and ordered the NHRC to set up a “Special Panel” with public hearings on SARS abuses. The panel’s work was ongoing at the end of the year and it had not yet issued a report.

Local nongovernmental organizations (NGOs) and international human rights groups accused the security services of illegal detention, inhuman treatment, and torture of criminal suspects, militants, detainees, and prisoners. Military and police reportedly used a range of torture methods including beatings while bound, rape and other forms of sexual violence. According to reports, security services committed rape and other forms of violence against women and girls, often with impunity. As of December the government had not held any responsible officials to account for reported incidents of torture in detention facilities in the Northeast, including Giwa Barracks.

Police used a technique commonly referred to as “parading” of arrestees, which involved walking arrestees through public spaces and subjecting them to public ridicule and abuse. Bystanders often taunted and hurled food and other objects at arrestees.

The sharia courts in 12 northern states may prescribe punishments such as caning, amputation, and death by stoning. The sharia criminal procedure code allows defendants 30 days to appeal sentences involving mutilation or death to a higher sharia court. Statutory law mandates state governors treat all court decisions equally, including amputation or death sentences, regardless of whether issued by a sharia or a nonsharia court. Authorities, however, often did not carry out caning, amputation, and stoning sentences passed by sharia courts because defendants frequently appealed, a process that could be lengthy. Federal appellate courts had not ruled on whether such punishments violate the constitution because no relevant cases reached the federal level. Although sharia appellate courts consistently overturned stoning and amputation sentences on procedural or evidentiary grounds, there were no challenges on constitutional grounds.

There were no reports of canings during the year. Defendants generally did not challenge caning sentences in court as a violation of statutory law. In the past sharia courts usually carried out caning immediately. In some cases convicted individuals paid fines or went to prison in lieu of caning.

The United Nations reported that it had received four allegations of sexual exploitation and abuse against peacekeepers from Nigeria deployed to the United Nations Mission in Liberia. The cases involve both sexual exploitation (three allegations) and abuse (one allegation). Investigations both by the United Nations and Nigeria were pending. Three allegations were reported in 2017.

Prison and Detention Center Conditions

Prison and detention center conditions remained harsh and life threatening. Prisoners and detainees reportedly were subjected to torture, gross overcrowding, inadequate medical care, food and water shortages, and other abuses; some of these conditions resulted in deaths. The government often detained suspected militants outside the formal prison system (see section 1.g.).

Physical Conditions: Overcrowding was a significant problem. Although the total designed capacity of the country’s prisons was 50,153 inmates, as of July they held 73,631 prisoners. Approximately 68 percent of inmates were in pretrial detention or remanded. As of July there were 1,475 female inmates. Authorities sometimes held female and male prisoners together, especially in rural areas. Prison authorities often held juvenile suspects with adults.

Prisoners and detainees were reportedly subjected to torture, gross overcrowding, food and water shortages, inadequate medical treatment, deliberate and incidental exposure to heat and sun, and infrastructure deficiencies that led to wholly inadequate sanitary conditions that could result in death. Guards and prison officials reportedly extorted inmates or levied fees on them to pay for food, prison maintenance, transport to routine court appointments, and release from prison. Female inmates in some cases faced the threat of rape.

Most of the 240 prisons were 70 to 80 years old and lacked basic facilities. Lack of potable water, inadequate sewage facilities, and severe overcrowding resulted in dangerous and unsanitary conditions. For example, according to press reports from December 2017, Agodi Minimum Security Prison, in Oyo State, had 1,104 inmates despite a maximum capacity of 390. Port Harcourt Prison, designed to hold 800 inmates, held approximately 5,000, while Kirikiri Maximum Security Prison in Lagos, with a capacity of 956 inmates, held approximately 2,600.

Disease remained pervasive in cramped, poorly ventilated prison facilities, which had chronic shortages of medical supplies. Inadequate medical treatment caused many prisoners to die from treatable illnesses, such as HIV/AIDS, malaria, and tuberculosis. In April 2017 the Lagos State Controller of Prisons stated that 32 inmates died in 2016 in a single Lagos prison due to lack of access to medical care. The House of Representatives confirmed more than 900 inmates died in prisons across the country in 2016 due to severe lack of drugs and health care. Although authorities attempted to isolate persons with communicable diseases, facilities often lacked adequate space, and inmates with these illnesses lived with the general prison population. There were no reliable statistics on the total number of prison deaths during the year.

Only prisoners with money or support from their families had sufficient food. Prison officials routinely stole money provided for prisoners’ food. Poor inmates often relied on handouts from others to survive. Prison officials, police, and other security force personnel often denied inmates food and medical treatment to punish them or extort money.

In general prisons had no facilities to care for pregnant women or nursing mothers. Although the law prohibits the imprisonment of children, minors–many of whom were born in prison–lived in the prisons. The NGO Citizens United for the Rehabilitation of Errants (CURE)-Nigeria reported children in some cases remained with their inmate mothers up to at least age six. While the total number of children living in prison with their mothers was unknown, CURE-Nigeria’s April 2017 survey of 198 of the country’s women inmates found more than 30 women with children in just three prisons. Approximately 10 percent of survey respondents reported they were pregnant. Results of surveys of women and children in prisons conducted by CURE-Nigeria revealed many children in custody did not receive routine immunizations, and authorities made few provisions to accommodate their physical needs, to include hygiene items, proper bedding, proper food, and recreation areas. According to its 2016 report, female inmates largely relied on charitable organizations to obtain hygiene items.

Generally prisons made few efforts to provide mental health services or other accommodations to prisoners with mental disabilities (see section 6).

Several unofficial military prisons continued to operate, including the Giwa Barracks facility in Maiduguri, Borno State. Although conditions in the Giwa Barracks detention facility reportedly marginally improved, detainees were denied due process and subjected to arbitrary and indefinite detention in conditions that remained harsh and life threatening (see section 1.g.). An AI report released in May documented multiple cases where women determined their husbands had died in custody in previous years. The same report also documented the arbitrary detention of women and children at Giwa Barracks. AI reported that citizens were generally not able to access any information about the fate or welfare of family members in military detention, or whether they were in fact detained. There were no reports of accountability for past reported deaths in custody, nor for earlier reports from AI alleging that an estimated 20,000 persons in the region were arbitrarily detained between 2009-15 with as many as 7,000 dying of thirst, starvation, suffocation, disease due to overcrowding, lack of medical attention, the use of fumigation chemicals in unventilated cells, torture, or extrajudicial execution.

After multiple releases during the year (see Improvements sub-subsection), it was unclear how many children or adults remained in detention at Giwa Barracks or other unofficial detention facilities. According to press and NGO reporting, the military continued to arrest and remand to military detention facilities, including Giwa Barracks, additional persons suspected of association with Boko Haram or ISIS-WA.

The government continued to arrest and, in some cases, inappropriately detain for prolonged periods, women and children removed from or allegedly associated with Boko Haram and ISIS-WA. They included women and girls who had been forcibly married to or sexually enslaved by the insurgents. The government reportedly detained them for screening and their perceived intelligence value. A credible international organization, however, reported the typical length of time spent in detention shortened during the year. Separately, an AI report from May documented severe restrictions on freedom of movement for IDPs held in satellite camps in many parts of Borno State. According to the report, restrictions on entry and exit confined IDPs, in some instances, to conditions constituting de facto detention for prolonged periods.

Administration: While prison authorities allowed visitors within a scheduled timeframe, few visits occurred, largely due to lack of family resources and travel distances.

The ACJA provides that the chief judge of each state, or any magistrate designated by the chief judge, shall conduct monthly inspections of police stations and other places of detention within the magistrate’s jurisdiction, other than prisons, and may inspect records of arrests, direct the arraignment of suspects, and grant bail if previously refused but appropriate.

The NHRC conducts prison audits. Despite an expressed willingness and ability to investigate credible allegations of inhuman conditions, however, the NHRC has not publicly released an audit report since 2012. In June the NHRC announced it was beginning a nationwide audit of all detention facilities. As of October the audit was not complete. Through its Legal Aid Council, the Ministry of Justice reportedly provided some monitoring of prisons through the Federal Government Prison Decongestion Program.

Independent Monitoring: There was limited monitoring of prisons by independent nongovernmental observers. The International Committee of the Red Cross had access to police detention, Nigerian Prisons Services (NPS), and some military detention facilities.

Improvements: An international organization reported that at least 2,486 persons were released from Giwa Barracks during the year. The majority were transferred to a rehabilitation center run by the Borno State government in Maiduguri. Another 159 were transferred to a deradicalization program in Gombe State, under the auspices of Operation Safe Corridor (OPSC). For the first time OPSC graduated 91 former low-level Boko Haram affiliate members and former Giwa Barracks detainees from its deradicalization program. Some OPSC graduates faced difficulty in reintegrating into communities due to stigmatization from being associated with Boko Haram, and 46 graduates originally from Gwoza LGA were initially “rejected” by their communities. The Gwoza LGA subcommittee on reintegration was actively working with the community to reintegrate them.

Oman

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. In an open April letter to the sultan, however, French activist Theirry Danaudet, who spent approximately six months in prison in 2017 for violating Omani customs laws pertaining to prescription medication, cited reports from fellow prisoners, most of whom were of South or Southeast Asian origin, that they suffered systematic beatings and exposure to extreme temperatures.

Prison and Detention Center Conditions

While prison and detention center conditions generally met international standards there were some allegations of abuse and life-threatening conditions.

Physical Conditions: Danaudet’s letter alleged that prison guards abused some prisoners. Human rights organizations reported that activist Hassan al-Basham died on April 28 while in detention at Samail Central Prison.

Human rights groups further alleged that courts ignored requests from al-Basham’s lawyers for a medical examination, despite his deteriorating health. Al-Basham had been detained since 2015 after he was convicted on charges including insulting Oman’s ruler and using the internet to prejudice religious values.

Administration: There was no established prison authority to which prisoners could bring grievances concerning prison conditions. There is no ombudsman to serve on behalf of prisoners and detainees; this responsibility falls under the public prosecutor’s jurisdiction. Prisoners and detainees did not always have regular access to visitors.

Independent Monitoring: The Oman Human Rights Commission (OHRC), a quasi-independent government-sanctioned body, investigated and monitored prison and detention center conditions through site visits. OHRC authorities investigated claims of abuse but did not publish the results of their investigations, purportedly to protect the privacy of the individuals involved. The law permitted visits by independent human rights observer groups, yet none existed in the country, and there were no reports of independent, nongovernmental observers from abroad requesting to visit the country. Consular officers from some embassies reported difficulties in meeting with prisoners or delayed notification about detained citizens.

Senegal

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. Human rights organizations noted examples of physical abuse committed by law enforcement, including excessive use of force as well as cruel and degrading treatment in prisons and detention facilities. In particular, they criticized strip search and interrogation methods. Police reportedly forced detainees to sleep on bare floors, directed bright lights at them, beat them with batons, and kept them in cells with minimal access to fresh air. The government claimed these practices were not widespread and that it usually conducted formal investigations into allegations of abuse. Investigations, however, often were unduly prolonged and rarely resulted in charges or indictments.

In June Mamadou Diop, a young merchant, died in police custody after officers arrested him in his apartment in the Dakar district of Medina on charges of handling stolen goods. Postmortem examinations revealed his death was caused by head injuries. Investigations into the case were pending at year’s end.

According to the United Nations, three allegations of sexual exploitation and abuse against peacekeepers from Senegal prior to 2018 were pending. Two cases reported in 2017 alleged exploitative sexual relationships involving police officers deployed with the UN Organization Stabilization Mission in the Democratic Republic of the Congo and the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic respectively. One allegation was substantiated, according to the UN investigation. The United Nations repatriated one police officer, and the UN investigation on the other case was pending. Investigations by Senegal remained pending. A third allegation reported in 2016 also remained pending.

Prison and Detention Center Conditions

Prison and detention center conditions were harsh and potentially life-threatening due to food shortages, overcrowding, poor sanitation, and inadequate medical care.

Physical Conditions: Overcrowding was endemic. For example, Dakar’s main prison facility, Rebeuss, held more than twice the number of inmates for which it was designed. Female detainees generally had better conditions than males. Pretrial detainees were not always separated from convicted prisoners. Juvenile boys were often housed with men or permitted to move freely with men during the day. Girls were held together with women. Infants and newborns were often kept in prison with their mothers until age one, with no special cells, additional medical provisions, or extra food rations.

In addition to overcrowding, the National Organization for Human Rights, a nongovernmental organization (NGO), identified lack of adequate sanitation as a major problem. Poor and insufficient food, limited access to medical care, stifling heat, poor drainage, and insect infestations also were problems throughout the prison system.

According to 2016 government statistics, the most recent available, 25 inmates died in prisons and detention centers in 2016. While perpetrators may have been subject to internal disciplinary sanctions, no prosecutions or other public actions were taken against them.

On February 19, Balla Basse, a pretrial detainee, died at Aristide Le Dantec Hospital in Dakar of natural causes.

Administration: Authorities did not always conduct credible investigations into allegations of mistreatment. Ombudsmen were available to respond to complaints, but prisoners did not know how to access them or file reports. Authorities permitted prisoners and detainees to submit complaints to judicial authorities without censorship and to request investigation of credible allegations of inhuman conditions, but there was no evidence that officials conducted any follow-up investigations.

Independent Monitoring: The government permitted prison visits by local human rights groups, all of which operated independently, and by international observers. The National Observer of Detention Facilities had full and unfettered access to all civilian prison and detention facilities, but not to military and intelligence facilities. The national observer lacked funds to monitor prisons throughout the country. It previously published an annual report, but reports for 2015-17 had not been published by year’s end.

Members of the International Committee of the Red Cross visited prisons in Dakar and the Casamance.

Somalia

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

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

The provisional federal constitution prohibits torture and inhuman treatment. Nevertheless, torture and other cruel, inhuman, or degrading treatment or punishment occurred. The UN Monitoring Group on Somalia and Eritrea (SEMG) reported an account of the torture and execution of al-Shabaab suspects by SNA troops in Barawe, Lower Shabelle region in May. A local police commander who investigated the incident was subsequently detained by the SNA in August, allegedly tortured and put on house arrest.

Government forces, allied militia, and other men wearing uniforms committed sexual violence, including rape (see section 1.g.).

Federal and regional authorities used excessive force against journalists, demonstrators, and detainees, which resulted in deaths and injuries.

NISA agents routinely conducted mass security sweeps against al-Shabaab and terrorist cells as well as criminal groups despite having no legal mandate to arrest or detain. NISA held detainees for prolonged periods without following due process and mistreated suspects during interrogations.

Al-Shabaab imposed harsh punishment on persons in areas under its control (see sections 1.a. and 1.g.).

Clan violence sometimes resulted in civilian deaths and injuries (see sections 1.g. and 6).

Prison and Detention Center Conditions

Prison conditions in most areas of the country remained harsh due to poor sanitation and hygiene, inadequate food and water, and lack of medical care. Conditions were better in Central Mogadishu Prison, but overcrowding was a problem. Two facilities–Garowe Prison in Puntland and Hargeisa Prison in Somaliland–met international standards and reportedly were well-managed. Prisons in territory controlled by al-Shabaab and in remote areas where traditional authorities controlled holding areas were generally inaccessible to international observers. Prison conditions in such areas were believed to be harsh and at times life threatening.

Physical Conditions: Overcrowding in urban prisons–particularly following large security incidents involving arrests–sometimes occurred. Authorities sometimes held juveniles and adults together, due in part to the belief that juveniles were safer when housed with members of their own subclan. Prison authorities often did not separate pretrial detainees from convicted prisoners, particularly in the southern and central regions.

Only inmates in Central Mogadishu, Garowe, and Hargeisa prisons had daily access to showers, sanitary facilities, adequate food and water, and outdoor exercise. Inmates in most prisons relied on their family and clan to supplement food and water provisions.

Authorities generally required the families of inmates to pay the cost of health services; inmates without family or clan support had limited access to such services. Disease outbreaks, such as tuberculosis and cholera, continued to occur, particularly in overcrowded prisons, such as Mogadishu. Such outbreaks could be life threatening during the rainy season.

In January, one prisoner arrested for piracy died in Hargeisa prison. Prison officials stated that he died of natural causes due to lung problems, although he was found to have been physically abused.

The UN’s Human Rights and Protection Group reported from an October prison monitoring mission that the prison in Beletweyne, Hirshabelle lacked medical personnel. In case of medical emergencies, prisoners were referred to the nearby SNA hospital.

Prison infrastructure often was dilapidated, and untrained guards were unable to provide security.

Information on deaths rates in prisons and pretrial detention centers was unavailable.

Al-Shabaab detained persons in areas under its control in the southern and central regions. Those detained were incarcerated under inhuman conditions for relatively minor “offenses,” such as smoking, having illicit content on cell phones, listening to music, watching or playing soccer, wearing a brassiere, or not wearing a hijab.

Administration: Most prisons did not have ombudsmen. Federal law does not specifically allow prisoners to submit complaints to judicial authorities without censorship. Somaliland law, however, allows prisoners to submit complaints to judicial authorities without censorship, and prisoners reportedly submitted such complaints.

Prisoners in Central Mogadishu, Garowe, and Hargeisa prisons had adequate access to visitors and religious observance; infrastructure limitations in other prisons throughout the country impeded such activities.

Independent Monitoring: Somaliland authorities and government authorities in Puntland and Mogadishu permitted prison monitoring by independent nongovernmental observers during the year. Representatives from the UN Office on Drugs and Crime visited prisons in Bosasso, Garowe, Beletweyne, Borama, and Hargeisa several times. UNSOM representatives, other UN organizations, and humanitarian institutions visited a few prisons throughout the country. Geographic inaccessibility and insecurity impeded such monitoring in territory controlled by al-Shabaab or in remote areas where traditional authorities controlled detention areas.

Syria

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 and other cruel, inhuman, or degrading treatment or punishment and provides up to three years’ imprisonment for violations. Human rights activists, the COI, and local NGOs, however, reported thousands of credible cases of government authorities engaging in frequent torture and abuse to punish perceived opponents, including during interrogations. Observers reported most cases of torture or mistreatment occurred in detention centers operated by each of the government’s security service branches. Human Rights Watch (HRW) and the COI reported regular use of torture against perceived government opponents at checkpoints and government facilities run by the Air Force, Political Security Division, General Security Directorate, and Military Intelligence Directorate. They identified specific detention facilities where torture occurred, including: the Mezzeh airport detention facility; Military Security Branches 215, 227, 235, 248, and 291; Adra and Sednaya Prisons; the Harasta Air Force Intelligence Branch; Harasta Military Hospital; Mezzeh Military Hospital 601; and Tishreen Military Hospital.

The COI also reported that the Counterterrorism Court (CTC) and courts-martial relied on forced confessions and information acquired through torture to obtain convictions. A large number of torture victims reportedly died in custody. The SNHR reported that more than 14,000 individuals died due to torture between 2011 and September and attributed approximately 99 percent of these cases to government forces (see section 1.a.). The SNHR attributed to the government more than 930 deaths due to torture in the first nine months of the year. Activists maintained that many instances of abuse went unreported. Some declined to allow reporting of their names or details of their cases due to fear of government reprisal.

The COI noted torture methods remained consistent. These included beatings on the head, bodies, and soles of feet (falaqua) with wooden and metal sticks, hoses, cables, belts, whips, and wires. Authorities also reportedly sexually assaulted detainees; administered electric shocks, including to their genitals; burned detainees with cigarettes; and placed them in stress positions for prolonged periods of time. A substantial number of detainees reported being handcuffed and then suspended from the ceiling or a wall by their wrists for hours.

Other reported methods of physical torture included removing nails and hair, stabbings, and cutting off body parts, including ears and genitals. Numerous human rights organizations reported other forms of torture, including forcing objects into the rectum and vagina, hyperextending the spine, and putting the victim onto the frame of a wheel and whipping exposed body parts. Additionally, officers reportedly continued the practice of shabeh, in which they stripped detainees naked, hung them for prolonged periods from the ceiling, and administered electrical shocks. In August Deutsche Welle reported the experiences of Mizyed Khalid Tahad, a regime prisoner who detailed his torture during detention at Sednaya during 2012-13, including electric shock, shabeh, beatings, lashings with a pipe, being squeezed into a tire, and malnourishment. During the year NGOs, including (Amnesty International) AI, Urnammu for Justice and Human Rights (Urnammu), and Save the Rest continued to report that large numbers of detainees at Sednaya Military Prison died after repeated torture and deprivation of food, water, ventilation, medicine, and medical care.

There is no indication government use of psychological torture decreased. One commonly reported practice was detention of victims overnight in cells with corpses of previous victims. The SNHR reported psychological torture methods included forcing prisoners to witness the rape of other prisoners, threatening the rape of family members (in particular female family members), forcing prisoners to undress, and insulting prisoners’ beliefs. For example, in March the COI reported a 2014 incident in which a government officer in Damascus took two girls, held their faces down on the desk, and raped them in turn. The girls reportedly tried to resist. The officer then reportedly told a male detainee, “You see what I am doing to them? I will do this to your wife and daughter.”

The COI and various NGOs, including HRW, AI, and the SNHR, continued to report widespread instances of rape and sexual abuse, including of minors. In March the COI reported government forces and affiliated militias raped and sexually abused women and girls, as well as men occasionally, during ground operations, house raids, and at checkpoints. One such example in the March COI report is that of a survivor of the al-Houla (Homs) massacre in 2012, who described how government forces entered her home and raped her daughter in front of her and her husband before shooting both her daughter and husband. Two soldiers then reportedly raped the mother.

The COI stated that government authorities subjected women and girls in detention to rape and gang rape in 20 government political and military institutions, while authorities raped men and boys and sometimes mutilated their genitals in 15 such branches. The March COI report detailed how in one such case at Branch 215 in 2012, an 18-year-old man from Daraa was severely beaten, threatened with the rape of his sisters, and then gang raped by five officers. One of the officers reportedly raped the detainee five more times over a month before authorities transferred the detainee to another detention facility. In another case the March COI report detailed how, over 10 consecutive days at the Hama State Security Branch in 2012, two officers, one of whom was a lieutenant colonel, raped two female detainees next to one another. On one occasion the same two officers reportedly raped the women in front of two naked male detainees whose hands and feet were tied in the shabeh position. In March the COI reported cases in 2012 in which perpetrators exploited blood relations by forcing male relatives to have intercourse with one another at the Damascus Political Intelligence Branch.

There were widespread reports that government security forces engaged in abuse and inhuman treatment of prisoners. According to the COI, most were civilians initially held at checkpoints or taken prisoner during military incursions. While the majority of accounts concerned male detainees, there were increased reports of female detainees suffering abuse in government custody. The COI assessed in March that the frequency, duration, and severity of the reported abuse suggested victims’ sustained long-term psychological and physical damage.

The COI reported that, beginning in 2011 and continuing throughout the conflict, security forces subjected detainees to mistreatment in military hospitals, often obstructing medical care or exacerbating existing injuries as a technique in abuse and interrogation. There were numerous reports of deaths in custody at the Mezzeh airport detention facility, Military Security Branches 215 and 235, and Sednaya Prison. Authorities consistently directed families of detainees seeking information to the Qaboun Military Police and Tishreen Military Hospital. In most cases authorities reportedly did not return the bodies of deceased detainees to their families. In July the government confirmed the death of activist Islam Dabbas in 2013 in Sednaya Prison, but they did not return his body.

There continued to be a significant number of reports of abuse of children by the government. The COI noted regular reports of detention and torture of children younger than age 13, in some cases as young as 11, in government detention facilities. Officials reportedly targeted and tortured children because of their familial relations, or assumed relationships, with political dissidents, members of the armed opposition, and activist groups. In March the UN Human Rights Council held a high-level panel discussion on human rights violations against children in Syria at which NGOs presented evidence of such abuses. The UN special representative for children and armed conflict reported that child detainees, largely boys, suffered similar or identical methods of torture practiced on adults. A May report from Urnammu, a NGO that focuses on the Syrian conflict, on abuses against children described usage of a torture wheel, shabeh, lynchings, beatings, rape, and forced sexual acts among children, among other abuses. For example, a May report from Urnammu detailed the experiences of Hamed, who was 15 years old when detained in 2014 in the Political Security branch in Latakia. Hamed described being tied to a torture wheel and being forced to confess to hiding weapons and tunneling, then being transferred to the Criminal Security branch where he reportedly was beaten and threatened with being shot. According to reliable witnesses, authorities continued to hold a number of children to compel parents and other relatives associated with opposition fighters to surrender to authorities.

Prison and Detention Center Conditions

Prison and detention center conditions remained harsh and in many instances were life threatening due to food shortages, gross overcrowding, physical and psychological abuse, and inadequate sanitary conditions and medical care.

Physical Conditions: Prison facilities were grossly overcrowded. Authorities commonly held juveniles, adults, pretrial detainees, and convicted prisoners together in inadequate spaces. The COI reported in March that authorities continued to hold children in prison with adults. In a report released in May, Urnammu documented the detention of more than 2,400 children, while the SNHR reported the regime detained more than 7,000 children from the start of the conflict in 2011 until March and more than 200 children during the first half of the year.

According to the COI, government detention facilities lacked food, water, space, hygiene, and medical care. Poor conditions were so consistent that the COI concluded they reflected state policy.

According to local and international NGOs, the government held prisoners and detainees in severely cramped quarters with little or no access to toilets, hygiene, medical supplies, or adequate food. In March the COI reported detainees in government detention facilities subsisted in severely inhuman conditions. A February COI report stated that authorities kept detainees in government facilities in overcrowded cells, lacking adequate sanitation, and suffering from lice infestations. In August CNN reported that malnourishment and denial of medical treatment continued to lead to the deaths of detainees.

Reports from multiple international NGO sources continued to suggest there were also many informal detention sites and that authorities held thousands of prisoners in converted military bases and in civilian infrastructure, such as schools and stadiums, and in unknown locations. Activists asserted the government also housed arrested protesters in factories and vacant warehouses that were overcrowded and lacked adequate sanitary facilities.

In some cases authorities transferred detainees from unofficial holding areas to intelligence services facilities. Detention conditions at security and intelligence service facilities continued to be the harshest, especially for political or national security prisoners. Facilities lacked proper ventilation, lighting, access to potable water or adequate food, medical staff and equipment, and sufficient sleeping quarters.

Inside prisons and detention centers, the prevalence of death from disease remained high due to unsanitary conditions and the withholding of food, medical care, and medication. Local NGOs and medical professionals reported authorities denied medical care to prisoners with pre-existing health needs, such as diabetes, asthma, and breast cancer, and denied pregnant women any medical care. Authorities retaliated against prisoners who requested attention for the sick. Released prisoners commonly reported sickness and injury resulting from such conditions. The May report from Urnammu included the example of Ali, a 14-year-old from Aleppo, who was arrested in 2014 and held incommunicado for 10 months. Ali described the abuse of a fellow child detainee, “B.K.” from Kafer Yabos, who authorities tortured until he could no longer control his bodily functions. Ali said B.K.’s entire body was infected and that the other young detainees cared for him, fed him, and cleaned him and his wounds until he died.

Information on conditions and care for prisoners with disabilities was unavailable.

Conditions in detention centers operated by various opposition groups were not well known, but the COI and local NGOs reported accounts of arbitrary detention, torture, inhuman treatment, and abuse. According to the COI, conditions in detention center run by nonstate actors such as HTS and ISIS violated international law (see section 1.g.).

Administration: There were no credible mechanisms or avenues for prisoners to complain or submit grievances, and authorities routinely failed to investigate allegations or document complaints or grievances. Activists reported there was no ombudsman to serve on behalf of prisoners and detainees. The law provides for prompt access to family members, but NGOs and families reported inconsistent application of the law, with some families waiting years to see relatives. The government continued to detain thousands of prisoners without charge and incommunicado in unknown locations.

In areas where government control was weak or nonexistent, localized corrections structures emerged. Reports of control and oversight varied, and both civilian and religious leaders were in charge of facility administration. Former police forces or members of armed opposition groups operated facilities in areas under the control of opposition forces. Nonstate actors often did not understand due process and lacked sufficient training to run facilities.

Independent Monitoring: The government prohibited independent monitoring of prison or detention center conditions, and diplomatic and consular officials had no greater access than in previous years. AI, for example, has attempted with little success to engage Syrian authorities on human rights concerns, including torture and other mistreatment, enforced disappearances, and deaths in custody, through various means since 2011. For example, in January 2017 AI sent a letter to authorities requesting clarifications regarding the numerous allegations documented in their report “Human Slaughter House,” and in February 2017 the government denied the claims.

Some opposition forces invited the COI to visit facilities they administered and allowed some international human rights groups, including HRW, to visit. The International Committee of the Red Cross and Red Crescent continued to negotiate with all parties, except ISIS, to gain access to detention centers across the country but was unable to gain access to any government-controlled facilities during the year.

The Gambia

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 the law prohibit such practices, and there were no confirmed reports that government officials employed them during the year. The United Nations reported that it received one allegation of sexual exploitation (exploitative relationship) and abuse against a Gambian peacekeeper deployed with the UN Mission in Liberia. The incident in question dated from 2013-2015. Investigations by UN and Gambian authorities were pending at year’s end.

Prison and Detention Center Conditions

Prison conditions were harsh and potentially life threatening due to food shortages, gross overcrowding, physical abuse, and inadequate sanitary conditions and medical care.

Physical Conditions: Gross overcrowding was a problem, particularly in the remand wing of the Mile 2 prison in Banjul, where detainees were held pending trial. Food quality and access to potable water, sanitation, ventilation, lighting, and medical care were inadequate.

Administration: Authorities did not conduct proper investigations of credible allegations of mistreatment. On September 5, however, authorities met with prisoners to discuss grievances and agreed to investigate them. By year’s end no information on specific complaints or follow-up action taken had been released.

Independent Monitoring: The government granted to the Office of the Ombudsman unrestricted access to all detention centers as well as to local and international nongovernmental organizations (NGOs) with prior permission.

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The Lessons of 1989: Freedom and Our Future