Recommendation on the Prevention and Prohibition of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment

We, the participants of the NGO Forum preceding the 41st Ordinary Session of the African Commission on Human and Peoples’ Rights and the 15th African Human Rights Book Fair, held at the Coconut Grove Hotel, Accra, from 12 – 14 May 2007,

Recalling that the prohibition of torture and other cruel, inhuman or degrading treatment or punishment is affirmed in relevant regional and international instruments such as the African Charter on Human and Peoples’ Rights, the African Charter on the Rights and Welfare of the Child, the Protocol to the African Charter on Human and Peoples’ Rights on the right of Women in Africa, the Universal Declaration of Human Rights, the International Covenants on Civil and Political Rights and the United Nations Convention against Torture,

Considering that African States have recognised the absolute and intangible character for the prohibition of torture and other cruel, inhuman or degrading treatment or punishment as enshrined in Article 5 of the African Charter on Human and Peoples’ Rights,

Recalling the Robben Island Guidelines and Measures for the prohibition and prevention of torture and other cruel, inhuman or degrading treatment or punishment in Africa which were endorsed by the Assembly of Heads of States and Government of the African Union in 2003,

Considering Article 1 and 43 of the Robben Island Guidelines related to the ratification of regional and international instruments and inviting States to ratify and implement the Optional Protocol to UNCAT of 18 December 2002,

Further Considering the follow-up committee to the Robben Island Guidelines set up by the ACHPR,

Concerned by the continued prevalence of acts of torture and other cruel, inhuman or degrading treatment or punishment,

Emphasising the importance of African States taking persistent action to prevent and combat torture and other cruel, inhuman or degrading treatment or punishment,

Recommend to the African Commission on Human and Peoples’ Rights to adopt a resolution:

1. Calling on all Members States to ratify or accede to the Convention against torture and other cruel, inhuman or degrading treatment or punishment without reservation and the Optional Protocol to UNCAT of 18 December 2002,

2. Urging the Member States to implement the Robben Island Guidelines,

3. Further Urging member States to penalise all acts of torture under domestic criminal law,

4. Affirming the importance of the follow-up committee to the Robben Island Guidelines and the need for Member States to cooperate with, and fully assist the follow-up committee in the performance of its tasks.

Done in Accra, May 14th, 2007