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ISTANBUL PROTOCOL I. RELEVANT INTERNATIONAL LEGAL NORMS AND STANDARDS

of the date and time of a detainee’s execution particular thematic issues, along lines similar to the
was held by the Commission to be a case of special procedures of the Human Rights Council.
ill-treatment and a violation of article 5. 164
103. The Committee for the Prevention of Torture in
99. The African Commission on Human and Peoples’ Africa, formerly known as the Follow-up Committee
Rights has also found State parties responsible for the on the Robben Island Guidelines, provides advice
torture of a person within their jurisdiction when there to States and the African Commission on measures
was clear evidence detailing the torture produced either required to implement article 5 of the African
by the complainant or another credible party, such as Charter and the Robben Island Guidelines. Since
an international organization. 165 If the Commission its establishment, members of the Committee have
finds that the evidence fails to prove that an act of carried out a number of training and awareness-
torture has occurred, it can still find the State party in raising activities in various countries and have
violation of article 5 for its failure to investigate. 166 carried out visits to a number of States. 168

100. The African Commission on Human and Peoples’ 104. The African Commission on Human and Peoples’
Rights has also found article 5 violations based Rights has also established the Special Rapporteur
on poor prison conditions, including excessive on Prisons, Conditions of Detention and Policing in
solitary confinement, overcrowding, lack of Africa; the Special Rapporteur on the Rights of Women
access to adequate medical care, shackling in Africa; and the Working Group on the Death Penalty
and extremely poor quality food. 167 and Extra-Judicial, Summary or Arbitrary Killings and
Enforced Disappearances in Africa. These mechanisms
101. Other instruments also address torture and have created avenues for victims of torture and NGOs
ill-treatment within the African context, including to send information directly to Special Rapporteurs.
the Guidelines on the Conditions of Arrest, Police
Custody and Pre-Trial Detention in Africa (Luanda 105. The African Court of Human and Peoples’ Rights has
Guidelines) (2014), the Guidelines on Combating rendered relevant jurisprudence, including finding
Sexual Violence and its Consequences in Africa that “incommunicado detention constitutes in itself a
(2017) and the Principles and Guidelines on Human gross violation of human rights that can lead to other
and Peoples’ Rights while Countering Terrorism in violations such as torture [and] ill-treatment”. 169
Africa (2015). The African Commission on Human
and Peoples’ Rights has also adopted a number 106. The Protocol to the African Charter on Human and
of resolutions and documents related to torture Peoples’ Rights on the Rights of Women in Africa
and ill-treatment, most notably the Guidelines and (the Maputo Protocol), in force since 2005, includes
Measures for the Prohibition and Prevention of a comprehensive catalogue of rights of women in
Torture, Cruel, Inhuman or Degrading Treatment Africa. Among others, it includes the prohibition
or Punishment in Africa (Robben Island Guidelines) of “all forms of exploitation, cruel, inhuman or
in 2002, which address torture on the African degrading punishment and treatment”. 170
continent and help enforce the African Charter’s
absolute prohibition of torture and ill-treatment. 107. The African Charter on the Rights and Welfare
of the Child outlines a broad range of rights for
102. The African Commission on Human and Peoples’ children in Africa, including a provision protecting
Rights has also created special mechanisms for children from abuse and torture (art. 16). 171 In its

164 African Commission on Human and Peoples’ Rights, Spilg and Mack and Ditshwanelo (on behalf of Lehlohonolo Bernard Kobedi) v. Botswana, communication 277/2003,
Decision, 16 December 2011, para. 177.
165 African Commission on Human and Peoples’ Rights, Gabriel Shumba v. Zimbabwe, paras. 111, 113 and 121.
166 Ibid., para. 136.
167 African Commission on Human and Peoples’ Rights, Krishna Achuthan (on behalf of Aleke Banda), Amnesty International (on behalf of Orton and Vera Chirwa) and Amnesty
International (on behalf of Orton and Vera Chirwa) v. Malawi, communication 64/92-68/92-78/92_8AR (1995), Decision, 27 April 1994, paras. 4 and 7.
168 Since 2007, the Committee has organized various seminars for law enforcement officials in Nigeria, Liberia, Benin and Cameroon. It organized regional conferences on the
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in Dakar and one on the national preventive mechanism
in Senegal. See www.achpr.org/sessions/intersession?id=152.
169 African Court on Human and Peoples’ Rights, African Commission on Human and Peoples’ Rights v. Libya, application No. 002/2013, Judgment, 3 June 2016, paras. 84–
85.
170 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo, 11 July 2003), art. 4 (1).
171 African Charter on the Rights and Welfare of Children (Addis Ababa, 11 July 1990), art. 16.

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