\19
5
PART
PROCEDURES FOR
SERIOUS VIOLATIONS
OF HUMAN RIGHTS IN
POLICE CUSTODY AND
PRE-TRIAL DETENTION
20. State responsibility to account for death and serious injury in police custody and
pre-trial detention
Given the control that the State exercises over persons held in police custody or pre-trial detention, States shall
provide a satisfactory explanation, and make available information on the circumstances surrounding custody or
detention, in every case of death or serious injury of persons who are deprived of their liberty.
21. Deaths in police custody and pre-trial detention
a.
If a person under arrest, in police custody, pre-trial detention, or in the process of transfer, dies, a
prompt, impartial and independent inquiry into the cause of death shall be undertaken by a judicial
authority. The purpose of the investigation shall be to determine the cause, manner and time of
death, the person responsible, and any pattern or practice which may have brought about that death.
The investigating authority shall have access to all necessary information and persons to conduct a
thorough, impartial and independent inquiry.
b.
The detainee’s next of kin shall be promptly informed of the death, be provided with regular updates
by the authority investigating the death, and have access to information about the detainee and the
investigative process in accordance with the principles set out in the African Commission on Human
and Peoples�� Rights’ Model Law on Access to Information.
c.
On completion of all examinations essential to the investigation, the body of the deceased shall be
returned to the family, in a manner that is fully respectful of the dignity of the deceased, so that
funeral rites or other customary procedures can be conducted with the least possible delay. The
investigating authorities should hand over to the next of kin a complete death certificate as soon as
possible after the death. The personal belongings of the deceased should be returned to the next
of kin as soon as possible.
22. Torture and other cruel, inhuman or degrading treatment or punishment and other serious
human rights violations in police custody and pre-trial detention
a.
All persons deprived of their liberty shall have the right to lodge a complaint with a competent,
independent and impartial authority with a mandate to conduct prompt and thorough investigations