The African Regional System
4
the ACHPR, as this provision “was not intended to cater for situations where persons in need of medical assistance or help are institutionalised.”606 This restrictive
interpretation is in marked contrast to the international trend of expansion
of the effective protection of all persons deprived of their liberty. As regards
more ‘traditional’ categories of detainees, the Commission has recognised the
importance of procedural guarantees, finding for example that “states parties
to the Charter cannot rely on the political situation existing within their territory
or a large number of cases pending before the courts to justify excessive delay” in
bringing the accused before a judge.607
There is no jurisprudence of the African Commission specifically dealing
with training of personnel, although the Robben Island Guidelines provide
that States should “[d]evise, promote and support codes of conduct and ethics
and develop training tools for law enforcement and security personnel, and other
relevant officials in contact with persons deprived of their liberty such as lawyers
and medical personnel.”608 The Commission has included training of various
State officials on human rights issues in general in its programme of activities,
but has not specifically stated that training against torture forms part of States’
obligations under the ACHPR.
4.2.6 Duty to grant redress and compensate victims
The Commission interprets States Parties’ undertakings under Article 1 of the
ACHPR as requiring that effective and enforceable remedies be available to
individuals in cases of violations. States are under an obligation to respect,
protect and fulfil the human rights of all persons on their territory. As the
Commission noted in Zimbabwe Human Rights NGO Forum v Zimbabwe, “To
fulfil the rights means that any person whose rights are violated would have an
effective remedy as rights without remedies have little value.”609 The Robben
Island Guidelines indicate the extent of this obligation; it exists independently
of whether a criminal prosecution has or can be brought, extends to victims
and their dependents, and covers medical care, social and medical rehabilitation, compensation and support.610
Purohit and Moore v The Gambia (2003), op. cit., §68.
Article 19 v Eritrea, AfrCommHPR, Communication No. 275/2003, 41st session, 16–30 May
2007, §99.
608
The Robben Island Guidelines, op. cit., §46.
609
Zimbabwe Human Rights NGO Forum v Zimbabwe (2006), op. cit., §171.
610
The Robben Island Guidelines, op. cit., §50.
606
607
136
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents