28 | Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa ENGLISH targeting an individual on the basis of discrimination of any kind, such as on the basis of race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth, disability, or any other status. Explanatory Note: See, African Charter on Human and Peoples’ Rights, Articles 7(2) and 10(1); Comms. 48/90-50/91-52/91-89/93, Amnesty International, Comité Loosli Bachelard, Lawyers› Committee for Human Rights, Association of Members of the Episcopal Conference of East Africa v. Sudan (November 1999), para. 59; see generally, ACHPR, Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa; Inter-American Commission on Human Rights, Report on Terrorism and Human Rights, para. 227; and Explanatory Note to Principle 1(G), Prohibition of Discrimination. E. Assistance in Accessing Human Rights: The act of providing assistance, in any form, that has the purpose of enabling an individual or entity suspected, accused, charged with, convicted of, or otherwise legally determined to be a terrorist, terrorist entity, or involved in terrorist-related activities to receive, protect, or assert their human rights or to live in dignity shall not be sanctioned. Explanatory Note: Whereas the African Charter on Human and Peoples’ Rights, as well as other human rights treaties, aim to provide and protect the rights and freedoms of individuals and groups, making punishable acts that allow individuals and peoples to pursue, receive, or assert those rights and freedoms, such as the provision of legal assistance, access to redress, medical care, education, employment, or any other right or freedom under human rights law, is in fundamental opposition of the raison d›etre of the African human rights system. F. Proportionality of Punishment: Punishment shall be proportionate to the seriousness of the crime and individual criminal responsibility. Courts shall be afforded the opportunity to take fully into account the circumstances of the crime and the individual, including mitigating circumstances. In imposing a sentence of imprisonment, Courts shall deduct the time, if any, previously spent in detention in connection with conduct underlying the crime. Explanatory Note: See, ACHPR, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, Section N(7) (“Right to benefit from a lighter sentence or administrative sanction”) and Section N(9)(b) (“Sentencing and punishment”); African Commission on Human and Peoples’ Rights Working Group on the Death Penalty and Extra-Judicial, Summary or Arbitrary Killings in Africa, Activity Report of the Vice-Chairperson, 51st Session of the ACHPR, paras. 16 and 18; U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Article 4(2); U.N. Convention for the Protection of All Persons from Enforced Disappearance, Article 7; Rome Statute of the International Criminal Court, Article 78(1-2) (“Determination of the Sentence”); International Criminal Court Rules of Procedure and Evidence, Rule 145 (“Determination of Sentence”); and International Criminal Court Regulations of the Office of the Prosecutor, Regulation 64 (“Mitigating and Aggravating Factors”). G. Listing: States shall respect the principle of legality, non-discrimination, and procedural protection standards when it designates and sanctions an individual or entity as a terrorist. These standards include, but are not limited to: (i)  Intent: The sanctions against an individual or entity shall be based on reasonable grounds to believe that the individual or entity had knowingly and with intent carried out, supported, participated in, or facilitated a terrorist act. (ii)  Notification: States shall promptly and fully inform the individual or entity of the accusations or charges; States shall provide the individual or entity with any decision taken and the reasons for that decision; and States shall inform the individual or entity of the consequences of the accusations or charges. If relevant, the listing State shall also promptly and fully inform the State to which the individual or entity belongs.