African Commission on Human and Peoples’ Rights
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procedures for reporting and reviewing any unlawful use of force, and to providing an
adequate, effective and prompt remedy to persons who experience human rights violations
due to the policing of assemblies. To fulfil this obligation, State Parties should establish
effective internal accountability mechanisms and an adequately resourced police civilian
oversight body, in the absence of which an Ombudsman or National Human Rights
Institution should fulfil this external oversight function.
8.2. Oversight mechanisms should be established in law and practice with the mandate and
resources to:
8.2.1. Receive complaints from any person concerning misconduct or criminal behaviour of
law enforcement officials;
8.2.2. Receive mandatory reports from law enforcement officials of all deaths resulting
from the actions of law enforcement officials;
8.2.3. Conduct thorough, prompt and impartial investigations of all complaints received,
and, at its own instigation, investigate all suspected cases of arbitrary use of force
and/or other human rights violation by law enforcement officials;
8.2.4. Monitor and report on the preparation and execution of all law enforcement
operations, including recording and tracking complaints and abuses and maintaining
comprehensive records;
8.2.5. Compel law enforcement agencies to cooperate with investigations and have full
investigatory powers, including the power to compel the production of any document
or other form of evidence;
8.2.6. Make recommendations or findings; refer cases for internal police discipline; refer
cases to the public prosecutor; impose disciplinary measures; investigate and report
on systemic issues; and make and enforce orders of restitution, compensation,
rehabilitation or satisfaction.
8.3. The ability to lodge complaints with monitoring and oversight mechanisms must be
guaranteed to all persons without fear of reprisals or punishment.
8.4. State Parties should establish and disseminate information concerning oversight mecha
nism, systems and processes to guarantee the right of access to information for all persons
in accordance with regional and international human rights standards.
8.5. State Parties should establish processes for the systematic collection and public dissemina
tion of disaggregated data and other information about the policing of assemblies on an
annual basis. Information may include the number of assemblies, the number of assemblies
prohibited, the number of assemblies during which law enforcement officials resorted to
the use of force, the number of assemblies dispersed, and information about persons
injured or killed as a result of police action during assemblies.
8.6. The right to monitor the observance of human rights in a given society includes the right to
engage in active observation of an assembly and to collect, verify, and use information
related to the assembly. All persons have the right to seek and receive information and to
freedom of expression, and enjoy the right to observe and independently monitor public
assemblies without fear of reprisal. This includes civil society organisations, human rights
defenders, monitors, journalists and other media workers.
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