African Commission on Human and Peoples’ Rights used shall have clearly visible number plates and any other required or legally prescribed identity markers or numbers. c. The lawful use of force and firearms shall be a measure of last resort and limited to circumstances in which it is strictly necessary in order to carry out an arrest. If the use of force is absolutely necessary in the circumstances: i. The level of force must be proportionate and always at the most minimal level necessary. ii. Additional restrictions on the use of firearms shall be prescribed by law and require that their use be strictly limited to the arrest of a person presenting an imminent threat of death or serious injury; or to prevent the perpetration of a serious crime involving grave threat to life, and only when less extreme measures are insufficient to make the arrest. iii. The use of force shall be strictly regulated under national law and in conformity with international standards, including the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. d. Searches must be carried out in accordance with the law, and in a manner consistent with the inherent dignity of the person and the right to privacy. Officials conducting a search shall: i. For all types of searches, including pat-down searches, strip searches and internal body searches, be of the same gender as the suspect. ii. Inform suspects of the reason for the search prior to the conduct of the search. iii. Make a written record of the search, which is accessible by the person searched, his or her lawyer or other legal service provider, family members, and, if the person searched is in custody, any other authority or organisation with a mandate to visit places of detention or to provide oversight on the treatment of persons deprived of his or her liberty. iv. Provide a receipt for any items confiscated during the search. v. Ensure that strip searches and internal body searches are only conducted in private. vi. Ensure that internal body searches are only conducted by a medical professional and only upon informed consent or by a court order. e. 4. Arresting authorities shall maintain, and provide access to, an official custody register in strict accordance with Part 4 of these Guidelines. Rights of an arrested person The following rights shall be afforded to all persons under arrest: a. The right to be free from torture and other cruel, inhuman and degrading treatment and punishment. b. The right to be informed of the reasons for their arrest and any charges against them. c. The right to silence and freedom from self-incrimination. d. The right of access, without delay, to a lawyer of his or her choice, or if the person cannot afford a lawyer, to a lawyer or other legal service provider, provided by state or non-state institutions. \09

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