African Commission on Human and Peoples’ Rights \25 PART 5 POLICING AFTER AN ASSEMBLY 23. Detained persons 23.1. Detention by law enforcement officials should only be used as a measure to enforce criminal law, and no person must be held in detention for more than 48 hours without access to a judicial authority in conformity the Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa. National regulatory frameworks, policies, training and standard operating procedures, including those specifically in relation to the policing of assemblies, must promote the use of alternatives to police custody, including court summons or police bail or bond. 23.2. The use of detention by law enforcement officials in the context of assemblies must conform to the provisions of the Africa Charter and, in particular, Parts 2 (General Protections) and 7 (Vulnerable Groups) of the African Commission’s Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa. This includes the provision of safeguards, such as the presumptive right to bail and bond; the right to have detention reviewed without delay by a competent authority; and access to confidential and independent complaints mechanisms, legal services, family, interpreters and medical assistance; and the right not to be subjected to torture, cruel, inhuman or degrading treatment or punishment. 23.3. Contingency planning must include measures for the safe custody of persons arrested and held in detention at the assembly site and their safe and timely transfer to a recognised place of detention. This should include planning for occasions involving public assemblies where numerous arrests are deemed necessary, although mass arrests, which may amount to arbitrary detention, must be avoided. Law enforcement officials should not deprive persons of their liberty if there are inadequate resources to facilitate individual arrests. 24. Debriefing and review 24.1. Law enforcement agencies must have in place post-assembly debriefing processes. These processes should promote monitoring, evaluation and learning, and identify both failings and good practices in the law enforcement operation in relation to facilitation of the right to assemble freely with others; the effectiveness of risk assessments and contingency APCOF Guidelines on policing assemblies TEXT.indd 25 12/04/2017 17:07:44