PART D: Torture in the Promotional Mandate of the African Commission
of Egyptian Initiative for Personal Rights and INTERIGHTS v. Egypt, the Commission
invoked Section 20 of the Robben Island Guidelines to interpret the basic safeguards against torture for detainees, including the right to an independent medical
examination.566
The Robben Island Guidelines Monitoring Committee (‘Follow- up Committee’)
was established at the Commission’s Twenty-Ninth Session in 2002 to ensure that
the Guidelines do not gather dust. The Follow-up Committee is comprised of the
African Commission, the Association for the Prevention of Torture and any prominent African experts as the Commission may determine. In 2009, the Commission
adopted a resolution changing the Follow- Up Committee’s name to the Committee
for the Prevention of Torture in Africa (CPTA), without changing its mandate. The
mandate assigned to the Follow-up Committee is as follows:
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–
–
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It may organise, with the support of interested partners, seminars to
disseminate the Robben Island Guidelines to national and regional
stakeholders.
It should develop and propose to the African Commission strategies to
promote and implement the Robben Island Guidelines at the national and
regional levels.
It must promote and facilitate the implementation of the Robben Island
Guidelines within Member States.
It must make a progress report to the African Commission at each Ordinary Session.OS
The mandate of the Committee is much less detailed than that of other special
mechanisms under the African Commission, indicative of a more promotional and
preventive approach, rather than an investigatory one. Commentators have criticised the ambiguity of the Committee’s mandate, and in particular its relationship
to the Special Rapporteur on Prisons and Conditions of Detention in Africa, as one
of the factors contributing to its lack of effectiveness.567 The Follow- up Committee
adopted its rules of procedure and first strategic plan of action, when it held its
first meeting, hosted by the University of Bristol School of Law, in 2005. Since
then, a number of subsequent strategic action plans have been adopted, with the
most recent in 2011.568
566 ACHPR, Egyptian Intiative for Personal Rights and INTERIGHTS v. Egypt, Comm. No. 334/06, para. 174.
567 See, for example, D. Long and L. Muntingh, “The Special Rapporteur on Prisons and Conditions of
Detention in Africa and the Committee for the Prevention of Torture in Africa: The Potential for
Synergy or Inertia?”, SUR International Journal of Human Rights, Vol. 13 (2010).
568 Committee for the Prevention of Torture in Africa (CPTA), Strategic Plan of the Committee for the
Prevention of Torture in Africa 2012-2014,, available at: http://www.achpr.org/files/news/2011/07/
d29/cpta_strategic_plan.pdf.
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