22 | Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa ENGLISH (i)  Prohibition of Torture: No individual shall be subject to treatment that violates his or her right to dignity. Torture and cruel, inhuman or degrading treatment or punishment are prohibited. No exceptional circumstances whatsoever may be invoked as a justification for violating these prohibitions. States shall take effective legislative, administrative, judicial, or other measures to prevent all acts of torture, and cruel, inhuman, or degrading treatment by their agents and all such acts that occur in their territory or under their jurisdiction. This includes ensuring that all acts of, and attempts to commit, torture are offences under criminal law. In instances where torture or cruel, inhuman or degrading treatment or punishment occurs, States have a responsibility to act in accordance with Principle 1(D), Obligation to Ensure Accountability; Principle1(E), Obligation to Provide an Effective Remedy; and Principle 1(F), Obligation to Provide Reparation. Explanatory Note: See, generally, Africa Charter on Human and Peoples’ Rights; African Charter on the Rights and Welfare of the Child; U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; ACHPR, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa; ACHPR, Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa; and International Covenant on Civil and Political Rights. (ii)  Prohibition on Disappearances: No individual shall be subject to enforced disappearance. No exceptional circumstances whatsoever may be invoked as a justification for violating this prohibition. States shall take effective legislative, administrative, judicial, or other measures to prevent all acts of disappearances by their agents and all such acts that occur in their territory or under their jurisdiction. This includes ensuring that enforced disappearance constitutes an offence under criminal law. In instances where a disappearance occurs, States have a responsibility to act in accordance with Principle 1(D), Obligation to Ensure Accountability; Principle1(E), Obligation to Provide an Effective Remedy; and Principle 1(F), Obligation to Provide Reparation. Explanatory Note: See, U.N. Convention for the Protection of All Persons from Enforced Disappearance, Article 1, 2, 3, 4, 8(2), and 24; Comm. 204/97, Movement Burkinabé des Droits de l’Homme et des Peuples/ Burkina Faso (2001), para. 44; and Comm. 250/02, Liesbeth Zegveld and Mussie Ephrem v. Eritrea (November 2003), para. 55. (iii) Prohibition of Secret Detention: There shall be no secret detentions and any individual deprived of liberty shall be registered and held in an officially recognized place of detention. Upon arrival at an official detention center the detainee’s basic information shall be recorded and made available to family members, the detainee’s representatives or counsel, or to other persons having a legitimate interest in the information with due regard for the detained individual’s rights, in particular his or her right to privacy. The detention center should be subject to independent oversight to ensure compliance with international standards. Explanatory Note: See, Comm. 250/02, Liesbeth Zegveld and Mussie Ephrem v. Eritrea (November 2003), para. 55; Comm. 204/97, Movement Burkinabé des Droits de l’Homme et des Peuples/ Burkina Faso (2001), para. 44; U.N. Convention for the Protection of All Persons from Enforced Disappearance, Article 17; Joint study on global practices in relation to secret detention in the context of countering terrorism of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, the Working Group on Arbitrary Detention and the Working Group on Enforced or Involuntary Disappearances, Human Rights Council, A/HRC/13/42, 26 January 2010, para. 17; ACHPR, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, Section M(1)(a-b) (“Right to be detained in a place recognised by law”); ACHPR, Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa, Guidelines 40-41; and Explanatory Note to Principle 3(B)(vii), Outside Communication.