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

We the representatives of non-governmental organizations attending the NGO forum of the 39th ordinary session of the African Commission on Human and Peoples’ Rights,

Reaffirming that all forms of exploitation and degradation of the person, particularly, slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited, as defined in article 5 of the African Charter on Human and Peoples’ Rights and article 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

Recalling that freedom from torture and other cruel, inhuman or degrading treatment or punishment is a non-derogable right and must be protected under all circumstances, including in times of international and internal armed conflict or internal disturbance, and that the prohibition of torture and other cruel, inhuman or degrading treatment or punishment is affirmed in relevant international and regional instruments such as the African Charter on Human and Peoples’ Rights, the Robben Island Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman and Degrading Treatment or Punishment in Africa, the African Charter on the Rights and Welfare of the Child, the Protocol to the African Charter on Human and Peoples’ rights on the Rights of Women in Africa, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the United Nations Convention against Torture,

Recalling also that a number of international, regional and domestic courts have recognised that the prohibition of torture is a peremptory norm of international law,

Noting that under the Geneva Conventions, of 12 August 1949, torture is a grave breach and that under the Statute of the International Criminal Tribunal for Rwanda and the Rome Statute of the International Criminal Court acts of torture constitute crimes against humanity and war crimes,

Emphasizing the importance of African Governments taking persistent action to prevent and combat torture,

Commending the persistent efforts by civil society, in particular non governmental organisations, to combat torture and to alleviate the suffering of victims of torture,

We call upon the African Commission on Human and Peoples’ Rights to:

1. Condemn all forms of torture and other cruel, inhuman or degrading treatment or punishment, which are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified, and calls upon all African Governments to implement fully the prohibition of torture and other cruel, inhuman or degrading treatment or punishment;

2. Condemn in particular any action or attempt by African States or public officials to legalise, authorise or acquiesce in torture under any circumstances, including on grounds of national security or through judicial decisions;

3. Stress in particular that all allegations of torture or other cruel, inhuman or degrading treatment or punishment must be promptly and impartially examined by the competent national authority, that those who encourage, order, tolerate or perpetrate acts of torture must be held responsible and severely punished, including the officials in charge of the place of detention where the prohibited act is found to have been committed, and takes note in this respect of the Robben Island Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman and Degrading Treatment or Punishment in Africa as a useful tool in efforts to combat torture;

4. Urge African States to ensure that any statement that is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.

5. Also urge African States not to expel, return (refouler), extradite or in any other way transfer a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture, as defined in articles 5 and 12(3) of the African Charter;

6. Stress that national legal systems should ensure that victims of torture or other cruel, inhuman or degrading treatment or punishment obtain redress, are awarded fair and adequate compensation and receive appropriate socio-medical rehabilitation, and in this regard encourages the development of rehabilitation centres for victims of torture;

7. Remind African Governments that corporal punishment, including of children, amounts to cruel, inhuman or degrading punishment or even to torture;

8. Also remind African Governments that, as described in article 1 of the UN Convention against Torture, intimidation and coercion, including serious and credible threats, as well as death threats, to the physical integrity of the victim or of a third person can amount to cruel, inhuman or degrading treatment or to torture;

9. Remind all African States that prolonged incommunicado detention or detention in secret places may facilitate the perpetration of torture and other cruel, inhuman or degrading treatment or punishment and can in itself constitute a form of such treatment, and urges all States to respect the safeguards concerning the liberty, security and the dignity of the person;

10. Stress that all acts of torture must be made offences under domestic criminal law, and emphasizes that acts of torture are serious violations of international human rights law and humanitarian law and can constitute crimes against humanity and war crimes, and that the perpetrators are liable to prosecution and punishment;

11. Also stress that African States must not punish personnel for not obeying orders to commit acts amounting to torture or other cruel, inhuman or degrading treatment or punishment;

12. Urge African Governments to protect medical and other personnel for their role in documenting torture or any other form of cruel, inhuman or degrading treatment or punishment and in treating victims of such acts;

13. Emphasize that African States must ensure education and training for personnel who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment;

14. Underline the importance of the mandate of the Special Rapporteur on torture;

15. Call upon all African Governments to cooperate with and assist the Special Rapporteur in the performance of her task, and to supply all necessary information requested by her;

16. Also call upon all African Governments to give serious consideration to responding favourably to the Special Rapporteur’s requests to visit their countries;

17. Invite the Special Rapporteur to submit a report to the African Commission at its next session on the overall trends and developments with regard to her mandate;

18. Urge all African States to become parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as a matter of priority;

19. Urge all African States parties to comply strictly with their obligations in accordance with article 19 of the Convention, including their reporting obligations, and, in particular, those States parties whose reports are long overdue to submit their reports forthwith, and invites States parties to incorporate a gender perspective and information concerning children and juveniles when submitting reports to the Committee against Torture;

20. Call upon African States parties to give early consideration to signing and ratifying the 2002 Optional Protocol to the Convention, providing further measures for use in the fight against and prevention of torture;

21. Urge the African States to implement the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, as well as the Robben Island Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman and Degrading Treatment or Punishment in Africa, which were endorsed by the Assembly of Heads of State and Government of the African Union in 2003, and which contain due process standards for the prevention of torture and the protection of victims of such practice.

Done in Banjul, 8 May, 2006