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I. RELEVANT INTERNATIONAL LEGAL NORMS AND STANDARDS ISTANBUL PROTOCOL

that the conditions in the detention centres caused The question of torture is addressed primarily
the minors feelings of fear, anguish and inferiority. in article 5 of the African Charter on Human
and Peoples’ Rights, which states that:
(c) Council of Europe: European Committee for
the Prevention of Torture and Inhuman or Every individual shall have the right to the
Degrading Treatment or Punishment respect of the dignity inherent in a human
being and to the recognition of his legal
91. The European Convention for the Prevention of status. All forms of human exploitation and
Torture and Inhuman or Degrading Treatment or degradation of man particularly slavery, slave
Punishment established the European Committee trade, torture, cruel, inhuman or degrading
for the Prevention of Torture and Inhuman punishment and treatment shall be prohibited.
or Degrading Treatment or Punishment.
96. The African Commission on Human and Peoples’
92. The European Committee for the Prevention of Rights is mandated by article 30 of the African Charter
Torture carries out unannounced visits to places of to promote human and peoples’ rights and ensure
deprivation of liberty located in the member States their protection in Africa. A victim or an NGO can
of the Council of Europe. Committee members may make a complaint to the Commission regarding acts of
talk to persons deprived of their liberty in private, torture as defined in article 5 of the African Charter. 160
visit any or all persons they choose to in such
places and see all premises without restrictions. 97. In 2017, the African Commission on Human and
Peoples’ Rights adopted general comment No. 4 on
93. The European Committee for the Prevention of Torture the right to redress for victims of torture and other
has developed criteria for the treatment of persons cruel, inhuman or degrading punishment or treatment
held in custody, which constitute general standards. 159 (article 5). In the general comment, the Commission
These standards deal not only with material conditions provides authoritative interpretation on the scope and
but also with procedural safeguards, including the content of the right to redress for victims of torture or
right of persons deprived of their liberty to inform ill-treatment in specific contexts and defines reparation
immediately a third party (family member) of the as including restitution, compensation, rehabilitation
arrest, to have immediate access to a lawyer and and satisfaction, which includes the right to the truth
to have access to a physician, including, if they and to guarantees of non-repetition. 161 It also identifies
so wish, a physician of their own choosing. concrete and practical steps States need to take to
provide redress to victims of torture or ill-treatment
94. The European Committee for the Prevention of in various specific contexts, including to victims of
Torture has also repeatedly stressed that one of the sexual and gender-based violence, to individuals
most effective means of preventing ill-treatment tortured during armed conflict, to victims of torture
by law enforcement officials is the diligent in transitional justice settings and, notably, in cases
examination by competent authorities of all of collective harm. The Commission notes that,
complaints of torture and ill-treatment and, where although the violations of torture and ill-treatment
appropriate, the imposition of suitable penalties. are essentially perpetrated against individuals, these
violations may nevertheless have an impact on groups,
(d) African Union: African Commission on Human especially those that are structurally disadvantaged. 162
and Peoples’ Rights and the African Court on
Human and Peoples’ Rights 98. The African Commission on Human and Peoples’
Rights has interpreted the distinction between
95. Unlike the European and Inter-American systems, torture, including both physical and mental abuses,
the African system does not have a convention and ill-treatment. 163 For example, the failure,
specifically dedicated to torture or its prevention. without justification, to notify family members

159 Council of Europe, “Police custody” (Strasbourg, 1992). Available at https://rm.coe.int/16806cea2f.
160 For example, in November 2017, a complaint was submitted to the Commission by victims regarding the failure of Chad to implement the 2015 reparation award granted by
a Chadian court. See African Commission on Human and Peoples’ Rights, Clement Abaïfouta and 6,999 others v. Republic of Chad, Case No. 691/18.
161 African Commission on Human and Peoples’ Rights, general comment No. 4 (2017), para. 10.
162 Ibid., paras. 50–51.
163 African Commission on Human and Peoples’ Rights, Gabriel Shumba v. Zimbabwe, communication 288/04, Decision, 2004, paras. 143–145.

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