African Commission on
Human and Peoples’ Rights
d.
Accessibility and reasonable accommodation
States shall take measures to ensure that:
i.
Persons with disabilities can access, on an equal basis with other persons subject to police custody
and pre-trial detention, the physical environment, information and communications, and other
facilities provided by the detaining authority. Accessibility should also take into account the gender
and age of persons with disability, and equal access should be provided regardless of the type of
impairment, legal status, social condition, gender and age of the detainee.
ii.
The physical conditions of police custody and pre-trial detention are adapted to take into account
the needs of persons with physical, mental, intellectual or sensory disabilities, and that the
detention of persons with disability does not amount to inhuman or degrading treatment.
iii. Communication with and by persons with disabilities in custody or detention on an equal basis
with others.
iv.
The provision of reasonable accommodation, procedural and substantive due process.
v.
The right of persons to informed consent to treatment is upheld.
vi. Persons with disabilities are permitted to keep in their possession any form of aid relevant to their
disability. If a genuine security reason requires the removal of any form of aid, suitable alternatives
shall be provided.
34. Non-nationals
a.
Refugees
i.
Refugees shall be informed of their right to contact consular officials and relevant international
organisations, such as the United Nations High Commissioner for Refugees, and be provided with
the means of contacting those authorities without delay. Detaining authorities must provide
unhindered access to the consular official or staff and the staff of the relevant international
organisations, and provide the detainee with facilities to meet with such persons. However,
detaining authorities shall only contact or provide access to the consular authority or relevant
international organisations about the arrest and detention of a person who is a refugee if the
person so requests.
ii.
All decisions and actions in relation to refugees below the age of 18, whether accompanied or
unaccompanied, shall be consistent with the principle of the best interests of the child, and shall
accord with the special protections afforded to children in section 31 of these Guidelines.
b.
Non-citizens
Non-citizens shall be informed of their right to contact consular officials and relevant international
organisations, and be provided with the means to contact the relevant authority without delay.
Detaining authorities must provide unhindered access to the consular official or staff and the staff of the
relevant international organisations, and provide the detainee with facilities to meet with such persons.
c.
Stateless persons
Stateless persons shall be informed of their right to contact a lawyer or other legal service provider
who can address their needs, and relevant international organisations, and be provided with the means
to contact them without delay. Detaining authorities must provide the detainee with facilities to meet
with such persons. However, detaining authorities shall only contact relevant international organisations
about the arrest and detention of a person who is stateless if the person so requests.
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