The Prohibition of Torture and Ill-treatment in the African Human Rights System: A HANDBOOK FOR VICTIMS AND THEIR ADVOCATES a. Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa In 1999, the Commission adopted a resolution fleshing out the details of the fair trial rights under the Charter, particularly Article 7. The resolution deals with a wide array of issues, including the independence and impartiality of tribunals, the right to an effective remedy, sentencing issues and the role of prosecutors and legal aid. As far as the role of prosecutors is concerned, the Guidelines stipulate, inter alia, the following:545 When prosecutors come into possession of evidence against suspects that they know or believe on reasonable grounds was obtained through recourse to unlawful methods, which constitute a grave violation of the suspect’s human rights, especially involving torture or cruel, inhuman or degrading treatment or punishment, or other abuses of human rights, they shall refuse to use such evidence against anyone other than those who used such methods, or inform the judicial body accordingly, and shall take all necessary steps to ensure that those responsible for using such methods are brought to justice. A section entitled ‘Provisions applicable to arrest and detention’, addresses the ‘right to humane treatment’.546 States are required to ensure that no lawfully detained person is ‘subjected to torture or to cruel, inhuman or degrading treatment or punishment’.547 Special measures are to be taken to protect women and juveniles. Interrogation may not comprise elements of violence or methods or threats that impair an individual’s dignity, ‘capacity of decision’ or ‘judgement’.548 Complaints regarding torture or ill-treatment must be allowed and an effective system for the investigation of such complaints must be in place. Also under these Guidelines, victims of torture are entitled to remedies, including rights to compensation and a State duty to investigate, prosecute and/or levy administrative measures against the perpetrators.549 In November 2006, the Commission adopted Resolution 100 on ‘the Adoption of the Lilongwe Declaration on Accessing Legal Aid in the Criminal Justice System’, which sets out in considerable detail the measures that States must undertake to ensure access to legal aid within their criminal justice systems.550 545 546 547 548 549 550 128 Fair Trial Guidelines, supra note 63, para. F(l). Ibid., Section M(7). Ibid., para. M(7)(b). Ibid., para. M(7)(e). Ibid. para. M(7)(j). The Lilongwe Declaration on Accessing Legal Aid in the Criminal Justice System in Africa, adopted at the Conference on Legal Aid in Criminal Justice: the Role of Lawyers, Non-Lawyers and other Service Providers in Africa, Lilongwe, Malawi (22 - 24 November 2004).