AC
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
Finally, the Commission notes that I pursuant to sections 16 and 21 of
the Privileges Act, Parliament may impose a maximum term of two (2)
years imprisonment depending on thJ severity of the case of contempt.
Given that a lesser penalty than the nhaxi;mum penalty required by law
was imposed, 'and taking into considedtiort the severity of the offence and
circumstances of the case, the Commis~ion is of the view that the alleged
violation of Article 5 has not been provEn by the Complainant, as it relates
to the custodial sentence imposed on thr Victim.
202.
Alleged violation of Article 6 of the African Charter:<,:: """,
203~ec~~cl~£
: ~e:~~n~;~a;r~:~:r
~;t;~;ir~~~~~
.:~
detention of any person. The Commlsslon"l1" heIa"Jf:!},Artlcle,,,I2::rriEntrea
that the concept of 'arbitrary detel}tio,~~,.shou.,./.;';
ot ~rtly.",keequated with
against the law' but must be interpretE~~:(i,inore
lD'rbadlyto inClude elements
of inappropriateness, injustice/dack of pr~ei~f~bility and Hue process of
'~~..~:r;~,t
law~•
I
The Commission notes ,!t];i'a,t the ResF6rsl~nt St~ denies the allegations
raised by the Complainant~'9:n·lhe rictl1p~~;')(lrrest and detention on
spurious charges with no access. to, legal representation. The Respondent
State admits that the Victim was arrest1d on 9 October 2002, on reasonable
suspicion that he. could have committed an offence under the Electoral
A~t. The ~harges were wi:h~rawt duel to lack o~ sufficient evidence fO.ra
pnm, acre case. The Victim hpwevJr complamed that he was demed
access
,.'.~lawyers:. j~n ~ll~gation the' Respondent State refuted by
general :,:::.ii~t,,:
' ,~,
,
204.
The G{if.~elinesof;l:the Conditions pf Arrest, Police Custody and PreTrial Detenffon in Africa (the Luanda Guidelines) provides for the right of
an accused Pkrson to "[ajccess withOlh delay [his/her] lawyer or other
legal service providers, at the latest p~ior to and during any questioning
by an authority, and thereafter throughout the criminal justice process.s?
Hence, the Victim's remand withou~ allowing him access to a legal
representative of his choice amounts to a violation of Article 6.
205.
Alleged violation of Articles 7 of the African Charter