DOC/OS(XXX)247
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c) In countries where there exist groups, communities or regions whose needs for judicial
services are not met, particularly where such groups have distinct cultures, traditions or
languages or have been the victims of past discrimination, States shall take special measures
to ensure that adequate judicial services are accessible to them.
d) States shall ensure that access to judicial services is not impeded including by the distance to
the location of judicial institutions, the lack of information about the judicial system, the
imposition of unaffordable or excessive court fees and the lack of assistance to understand
the procedures and to complete formalities.
L. RIGHT OF CIVILIANS NOT TO BE TRIED BY MILITARY COURTS:
a) The only purpose of Military Courts shall be to determine offences of a purely military nature
committed by military personnel.
b) While exercising this function, Military Courts are required to respect fair trial standards
enunciated in the African Charter and in these guidelines.
c) Military courts should not in any circumstances whatsoever have jurisdiction over civilians.
Similarly, Special Tribunals should not try offences which fall within the jurisdiction of
regular courts.
M. PROVISIONS APPLICABLE TO ARREST AND DETENTION:
1) Right to liberty and security
a) States shall ensure that the right of everyone on its territory and under its jurisdiction to
liberty and security of person is respected.
b) States must ensure that no one shall be subject to arbitrary arrest or detention, and that arrest,
detention or imprisonment shall only be carried out strictly in accordance with the provisions
of the law and by competent officials or persons authorized for that purpose, pursuant to a
warrant, on reasonable suspicion or for probable cause.
c) Each State shall establish rules under its national law indicating those officials authorized to
order deprivation of liberty, establishing the conditions under which such orders may be
given, and stipulating penalties for officials who, without legal justification, refuse to provide
information on any detention.
d) Each State shall likewise ensure strict supervision, including a clear chain of command, of all
law enforcement officials responsible for apprehensions, arrests, detentions, custody,
transfers and imprisonment, and of other officials authorized by law to use force and
firearms.
e) Unless there is sufficient evidence that deems it necessary to prevent a person arrested on a
criminal charge from fleeing, interfering with witnesses or posing a clear and serious risk to
others, States must ensure that they are not kept in custody pending their trial. However,
release may be subject to certain conditions or guarantees, including the payment of bail.
f) Expectant mothers and mothers of infants shall not be kept in custody pending their trial, but
their release may be subject to certain conditions or guarantees, including the payment of bail.
g) States shall ensure, including by the enactment of legal provisions, that officials or other
persons who arbitrarily arrest or detain any person are brought to justice.
h) States shall ensure, including by the enactment of legal provisions and adoption of
procedures, that anyone who has been the victim of unlawful arrest or detention is enabled to
claim compensation.
2) Rights upon arrest: