African Commission on Human and Peoples’ Rights Noting that pre-trial detention disproportionately impacts the vulnerable and marginalised who are unlikely to have the means to afford legal representation and assistance or comply with conditions of police bail or bond, and who in some cases may be detained through the justice system in psychiatric hospitals, departments or institutions both inside and outside of prisons and detention centres; Recognising that police custody and remand facilities in many African countries lack appropriate infrastructure and budget and provisions for providing for the essential needs of detainees during custody; Recognising further that arrest, detention and conditions of police custody in many African countries are characterised by lack of accountability, poorly paid and under-resourced police, malfunctioning of administration of justice, including the lack of independence of the judicial service system, excessive and disproportionate use of force by the police, lack of registration and monitoring systems for keeping track of police detention, systemic corruption and lack of resources, all of which contribute to the absence of the rule of law; Concerned by the lack of effective and/or appropriate monitoring mechanisms and independent policing oversight agencies; Recognising the need to formulate and lay down principles and guidelines to further strengthen the criminal justice system in States Parties with regards to police custody and pre-trial detention, and to ensure compliance with international norms and principles by the police and other law enforcement agencies; Hereby adopt the following Guidelines on the use and conditions of police custody and pre-trial detention in Africa: \07