183. In the instant matter, the obligation to permit access to counsel or
independent legal advice was breached, as detailed above. The African
Commission is convinced that the Victims were not given access during the
critical early stage of detention, including interrogation sessions, when there
is the greatest risk of torture and ill-treatment. The African Commission‟s
view is that
right of a detainee to have prompt recourse to a court is
established as a matter of international law. It constitutes a vital aspect of the
prevention and deterrence of torture and other ill-treatment.
184. In this regard it is worth mentioning that in the Robben Island Guidelines,
the African Commission has recognized that the right to be brought promptly
before a judicial authority constitutes an essential safeguard against torture
and ill-treatment,100 In its General Comment No. 2, the Committee Against
Torture expressed the view that the obligation to take measures to ensure the
effective prevention of torture implied a requirement that States should
ensure
“the availability to detainees and persons at risk of torture and
ill-treatment of judicial and other remedies that will allow them
to have their complaint promptly and impartially examined, to
defend their rights, and to challenge the legality of their
detention or treatment.”101
185. This approach has been repeatedly endorsed by the General Assembly,102
and finds further support in the jurisprudence of the Inter-American Court of
Human Rights.103
100
Robben Island Guidelines (above, n. para. 27 (in relation to “Safeguards during the pre-Trial Process”); and see in general,
ibid., para. 20.
101
Committee against Torture, General Comment No. 2 (above, n. 24), para. 13.
102
See, e.g., Principles 9 and 11 (1) of the UN Body of Principles and GA Res. 61/153, 14 February 2007, para. 11
103
See, e.g., Habeas Corpus in Emergency Situations (Arts 27(2) and 7(6) of the American Convention on Human Rights),
Advisory Opinion OC-8/87, Inter-American Court of Human Rights, Series A, No. 8 (1987).
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