The African Commission’s Guidelines on Pre-trial Detention: Implications for Angola and Mozambique

Abstract

On 8 May 2014, in Luanda (Angola), the African Commission on Human and Peoples’ Rights (ACHPR) adopted the Guidelines on the Use and Conditions of Arrest, Police Custody and Pre-trial Detention in Africa (hereafter the Guidelines). The Guidelines represent an important milestone in addressing three of the most vulnerable phases of the criminal justice process faced in African countries: arrest, police custody and pretrial detention. The Guidelines add to the body of regional soft law (e.g. the Robben Island Guidelines) and seek to guide states on the rights of arrested and detained persons. In this regard African states face significant implementation challenges.