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6
PART
CONDITIONS OF
DETENTION IN
POLICE CUSTODY AND
PRE-TRIAL DETENTION
23. General provisions
Persons deprived of their liberty shall enjoy all fundamental rights and freedoms, except those limitations which
are demonstrably necessary by the fact of detention itself.
24. Physical conditions
Conditions of detention in police custody and pre-trial detention shall conform with all applicable international
law and standards. They shall guarantee the right of detainees in police custody and pre-trial detention to be
treated with respect for their inherent dignity, and to be protected from torture and other cruel, inhumane or
degrading treatment or punishment.
25. Procedural and other safeguards
States should have in place, and make known, laws, policies and standard operating procedures, which accord
with Member States’ obligations under the African Charter on Human and Peoples’ Rights and other international
law and standards, to:
a.
Reduce overcrowding in police custody and pre-trial detention facilities, including through the use of
a variety of alternatives to detention, including the use of measures that do not require resort to judicial
proceedings, providing that these measures are consistent with international law and standards.
b.
Limit the use of force against persons in police custody or pre-trial detention to circumstances in
which force is strictly necessary for, and proportionate to, the need for maintenance of security and
order within the detention facility, or when personal safety is threatened.
c.
Limit the use of firearms for reasons of self-defence or the defence of others against the imminent
threat of death or serious injury.
d.
Limit the permissible use of restraints, and the type of restraints, to ensure consistency with the
presumption of innocence, treatment of detained persons that accords with respect for the inherent
dignity of the person.