AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa
Luanda Guidelines Participant Manual**
© 2017 African Commission for Human and Peoples' Rights 31 Bijilo Annex Layout Kombo North District Western Region PO Box 673 Banjul The Gambia Tel: (220) 441 0505 / 4410506 Fax: (220) 441 0504 Email: au-banjul@africa-union.org www.achpr.org
Compiled by APCOF www.apcof.org.za and Made Plain www.madeplain.co.za Designed and typeset by COMPRESS.dsl www.compressdsl.com
Contents
Foreword iv
Two-day workshop timetable vi
Module 1: Introduction and contextualisation of Luanda Guidelines 1
Module 2: What are human rights? How do they apply to policing? 5
Module 3: Detention 8
Module 4: Principles that underpin infringements of people’s rights within a human rights framework 10
Principle 1: Rule of law 11
Principle 2: No discrimination 14
Principle 3: Proportionality and necessity 20
Principle 4: Procedural guarantees and rights of detainees 23
Principle 5: Accountability and transparency 32
Module 5: Evaluation 46
Foreword
The Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa (the Luanda Guidelines) were adopted by the African Commission on Human and Peoples' Rights (the Commission) during its 55th Ordinary Session in Luanda, Angola, from 28 April to 12 May 2014. Articles 2, 3, 5, 6 and 7 of the African Charter on Human and Peoples' Rights (the African Charter) sets out States' obligations to provide all people with the rights to life, dignity, equality, security, a fair trial, and an independent judiciary.
The Luanda Guidelines promote the implementation of these obligations by State Parties to the African Charter in the specific context of arrest, police custody and pre-trial detention.
The Guidelines are an authoritative interpretation of the African Charter and were developed by the Commission in accordance with its mandate in Article 45(1) of the Charter to formulate standards, principles and rules on which African Governments can base their legislation. They provide guidance to policy makers and criminal justice practitioners with the aim of strengthening day-to-day practice of arrest, and through a comprehensive consultation process prior to their adoption, reflect the collective aspiration of our States and their stakeholders for a rights-based approach to this critical but often overlooked area of criminal justice.
At its 59th Ordinary Session from 21 October to 4 November 2016 in Banjul, Islamic Republic of The Gambia, the African Commission approved the publication of this Luanda Guidelines Training Manual as an additional resource for State Parties to the African Charter in their efforts to reduce arbitrary and prolonged arrest, police custody and pre-trial detention. The effects of excessive or prolonged pre-trial detention contribute to overburdening criminal justice systems, cause and compound human rights violations, and have profound socio-economic impacts on detainees, their families and communities.