| AFRICAN UNION | UNION AFRICAINE | |
|---|---|---|
| الاتحاد الأفريقي African Commission on Human & Peoples' Rights | UNIÃO AFRICANA Commission Africaine des Droits de l'Homme & des Peuples | |
| 31 Bijilo Annex Layout, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia Tel: (220) 4410505 / 4410506; Fax: (220) 4410504 E-mail: au-banjul@africa-union.org; Web www.achpr.org |
Draft Guidelines on the Use and Conditions of Police Custody and Pre Trial Detention in Africa - Discussion Document
1. Introduction
1.1 Problem Statement: Use and Conditions of Police Custody, Prison Remand and Pre-trial Detention in Africa
The Over-use of and poor conditions of pre-trial detention have been identified as prevalent but the processes of criminal justice reform have overlooked this area. Approximately 35 per cent of Africa's prison population is composed of pre-trial detainees, who often exist in the shadows of the criminal justice system but their detention and treatment is not subject to the same level of judicial or other oversight as general prison populations.
A study by The International Centre for Prison Studies has revealed that the prison population in Africa totals 857,994 inmates. Of these, 36.3% are in pre-trial detention. This figure does not include detainees held in secret or non-gazetted places of detention, nor does it include those in police detention without charges. The percentages also vary enormously across the continent reaching 80-90% in some countries.
Guidelines on the Use and Conditions of Police Custody and Pre Trial Detention in Africa - Discussion Document 21 February 2013 Page 1
The situation of pre-trial detainees in all custodial settings is urgent and warrants action for a number of reasons, including the following:
- Conditions of detention for pre-trial detainees in police lock-ups and prisons frequently fail to meet established international and regional minimum standards for the treatment of persons deprived of their liberty. Pre-trial detainees’ access to health care, adequate nutrition and other support services is often less favourable than for their sentenced counterparts. Conditions of detention are frequently so poor that they are life threatening, and have been recognised by the United Nations (UN) and African Charter on Human and Peoples’ Rights (ACHPR) treaty bodies as amounting to ill treatment. Special procedures for all detainees including those on trial are mandated under the relevant instruments which are set out in the First Schedule.
- Pre-trial detainees often remain in custody for lengthy periods (sometimes as long as ten years) without having been convicted of any offence thereby undermining the principle of the presumption of innocence and its application in favour of detainees.
- Pre-trial detainees are particularly vulnerable to torture and other ill treatment. They are also more vulnerable to exploitation in comparison to convicted detainees serving their known and fixed prison terms, as corrupt officials have the scope to claim having influence over criminal justice processes in favour of unconvicted detainees in return for money and other benefits.