Gabon

Constitutional Provisions

The 1991 Constitution of Gabon (as amended through 2011) "recognizes and guarantees the inalienable and imprescriptible human rights", which include the prohibition on cruel treatment.Art. 1(1), 1991 Constitution of Gabon (as amended through 2011).The Constitution does not, however, explicitly protect the right to life.

The Constitution also does not guarantee the right of peaceful assembly.

It is stipulated that the "defence of the Nation and the maintenance of public order are essentially assured by the forces of defense and national security".Art. 1(20), 1991 Constitution of Gabon (as amended through 2011).The Constitution does not, though, lay down regulations governing the use of force for law enforcement purposes. 

Treaty Adherence

Global Treaties

Regional Treaties

National Legislation

Police Use of Force

Responsibility for enforcing the law in Gabon is in the hands of the National Gendarmerie. Under the 1963 Penal Code of Gabon, the police

called to disperse an unlawful assembly or to ensure the enforcement of a judgment or judicial warrant, can use force if they are assaulted or if they cannot otherwise defend the ground they occupy or safeguard persons whose custody is entrusted to them. In other cases, the crowd dissipated by force after the prefect or sub-prefect, the mayor or one of his deputies, a police commissioner or other bearer police officer insignia of his office: 

I.    has announced his presence by an audible or light signal as to effectively warn individuals constituting the crowd; 
II.    has summoned those involved in the gathering to disperse;
III.    has proceeded in the same manner to a second, then to a third summoning if the first remained without result.Art. 80, Law No. 21/63 of 31 May 1963.

Gabon does not appear specifically to regulate the use of firearms by law enforcement officials in its domestic law. 

In its 2020 list of issues for inclusion in Gabon's forthcoming periodic report on the ICCPR, the Human Rights Committee asked Gabon to "Please provide information on the legal frameworks in place to ensure that force and firearms are used only when strictly necessary and on the degree to which these frameworks are aligned with the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials."

Police Oversight

An Ordinance was adopted in 2010 on the status of the national police force.Ordinance No. 013/PR/2010 of 9 April 2010.Article 135 establishes two categories of culpable police action (disciplinary breaches and misconduct).

Caselaw

Global

Views and Concluding Observations of United Nations Treaty Bodies

In its 2013 Concluding Observations on Gabon, the Committee against Torture stated it had

some concerns as to the independence and impartiality of inquiries into allegations that members of the police force have committed acts of torture in view of the fact that, as provided for in article 3 of the Code of Criminal Procedure, they may be conducted by criminal investigation police officers.

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