× States should ensure that acts, which fall within the definition of torture, based on Article 1 of the UN
Convention against Torture, are offences within their national legal systems.
of the Resolution on Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel,
Inhuman or Degrading Treatment of Punishment in Africa (Robben Island Guidelines) adopted by the
Commission in October 2002. See also (sic!)
24 Communication 279/03 - 296/05 - Sudan Human Rights Organization and Center for Housing Rights
and Evictions v Sudan (2009) ACHPR para 255 (sic!) & 156,
25 See Communication 224/98 - Media Rights Agenda v Nigeria (2000) ACHPR para 71
26 See Part II of the Robben Island Guidelines adopted by the Commission in October 2002 as an
interpretation of State Parties' obligations under Article 5 of the Charter
27 See Communication 241/01 - Purohit v The Gambia (2003) ACHPR, para 64 &65
28 See Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africarl and the
Robben Island GuidelinesArts 25 and 26
× 25. Ensure that all detained persons are informed immediately of the reasons for their detention. 26.
Ensure that all persons arrested are promptly informed of any charges against them.
See also Communication 224/88 (sic!) - Media Rights Agenda v Nigeria (2001) ACHPR para 43
29 See Communication 241/01 - Purohit v The Gambia (2003) ACHPR para 72.
30 SeeArticles 20 (c)
× 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:[...] c) The right of access to a lawyer;
and 30
× Ensure that comprehensive written records of those deprived of their liberty are kept at each place of
detention, detailing, inter alia, the date, time, place and reason for the detention.
of the Robben Island Guidelines.
31 See Communication 279/03-296/05 - Sudan Human Rights Organisation & Centre on Housing Rights
and Evictions (COHRE) / Sudan (2010) ACHPR, para 227.
13