Gabon : It's time put the fight against torture at the heart of policy reforms

This report highlights serious and persistent concerns regarding the use of torture and ill-treatment in places of detention, particularly in prisons, police stations, and certain security services. It also highlights structural shortcomings in the legal and institutional framework, as well as significant barriers to access to justice for victims.

Despite these troubling findings, the ongoing political reforms offers a crucial opportunity to undertake ambitious reforms aimed at strengthening the rule of law and ensuringcompliance with Gabon’s international obligations regarding the prevention of torture.

Torture and Ill-Treatment in Places of Detention

The report documents numerous allegations of torture and ill-treatment committed in various places of detention, including prisons, police stations, and facilities run by security services. Testimonies gathered from former detainees, lawyers, and civil society actors describe practices such as beatings, prolonged incommunicado detention, and coercion aimed at extracting confessions. These practices appear to be facilitated by weak safeguards at the outset of detention, including limited access to a lawyer and insufficient judicial oversight.

The use of unofficial or poorly regulated detention centers, where individuals may be held outside the standard procedural framework, raises particular concerns. In such contexts, the risk of abuse is significantly heightened, and accountability mechanisms remain limited or ineffective.

Post-election violence in 2016 and lack of accountability

The report identifies the post-election violence of August–September 2016 as a critical moment that continues to highlight structural failures in accountability. Security forces reportedly used excessive and disproportionate force during the protests, including the use of live ammunition and mass arrests.

Numerous testimonies gathered from victims indicate that people were beaten and mistreated during their arrest and detention. Despite the scale and gravity of these allegations, no thorough and independent national investigation has been conducted to establish responsibility. This lack of accountability continues to undermine trust in public institutions and raises concerns about the State’s compliance with its international obligations.

Human Rights Defenders Targeted

Human rights defenders, trade unionists, and individuals speaking out against alleged abuses or acts of corruption have been particularly vulnerable. The report documents cases of arrest, detention, and prosecution of individuals following public statements or advocacy activities.

In some cases, those targeted were held incommunicado for several days before being brought before judicial authorities. Others reported being denied prompt access to a lawyer. These practices raise concerns about the use of the judicial system to deter or punish legitimate human rights work, thereby further restricting civic space.

OMCT, CEAD, SOS-Prisonniers Gabon, and the Faith, Culture, and Education Network call on the Committee Against Torture to recommend, in particular, that the Gabonese authorities:

1. Revise Article 224 of the Penal Code to fully align the definition of torture with Article 1 of the Convention against Torture, explicitly including physical and mental suffering as well as the specific purposes of torture.
2. Ensure that acts constituting torture are systematically prosecuted under Articles 224 and 224-1 of the Penal Code, that they are not subject to a statute of limitations, and that they are not reclassified as less serious offenses such as assault and battery.
3. Accelerate the amendment of Law No. 023/2024 to remove legal obstacles to the appointment of commissioners and enable the effective establishment of the MNPT as soon as possible.
4. Ensure strict compliance with the principle of non-refoulement, by ensuring that no person is expelled, extradited, or returned to another State where there are serious grounds for believing that they would be at risk of torture or ill-treatment there.
5. Allow civil society organizations access to places of detention to conduct monitoring visits;
6. Take all necessary measures to end prison overcrowding;
7. Ensure that all allegations of torture involving security forces personnel are subject to prompt, independent, and transparent investigations, particularly in cases related to the 2016 post-election violence and law enforcement operations.
8. Establish a national mechanism for the protection of victims and witnesses, including measures to protect against reprisals, intimidation, and pressure that could hinder the filing of complaints or participation in judicial proceedings.
9. Adopt, as soon as possible, a comprehensive law on the protection of human rights defenders that complies with international standards, ensuring that it explicitly recognizes the legitimacy of their activities and guarantees their protection against any form of intimidation, reprisal, or abusive prosecution.

Read the summary of the report here