RESOLUTION ON GUIDELINES AND MEASURES FOR THE PROHIBITION AND PREVENTION OF TORTURE, CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT IN AFRICA
18. Ensure that whenever persons who claimed to have been or who
appear to have been tortured or ill-treated are brought before
competent authorities an investigation shall be initiated.
19. Investigations into all allegations of torture or ill-treatment, shall be
conducted promptly, impartially and effectively, guided by the UN
Manual on the Effective Investigation and Documentation of Torture
and other Cruel, Inhuman or Degrading Treatment or Punishment
(The Istanbul Protocol)1.
Part II: Prevention of Torture
A. Basic Procedural Safeguards for those Deprived of their Liberty
20. All persons who are deprived of their liberty by public order or
authorities should have that detention controlled by properly and
legally constructed regulations. Such regulations should provide a
number of basic safeguards, all of which shall apply from the moment
when they are first deprived of their liberty. These include:
a)
The right that a relative or other appropriate third person is notified of
the detention;
b) The right to an independent medical examination;
c) The right of access to a lawyer;
d) Notification of the above rights in a language, which the person
deprived of their liberty understands;
B. Safeguards during the Pre-trial Process
States should:
21. Establish regulations for the treatment of all persons deprived of their
liberty guided by the UN Body of Principles for the Protection of All
Persons under Any Form of Detention or Imprisonment.2
1
2
08
Annexed to UN GA Res. A/55/89, 4 Dec. 2000, UN Publication No.8, HR/P/PT/8.
UN GA/Res. 43/173, 9 Dec.1988
THE ROBBEN ISLAND GUIDELINES