ACJR Publications

This section contains ACJR publications and those of CSPRI (Civil Society Prison Reform Initiative), its predecessor.
Constitutionality of Criminal Procedure and Prison Laws in Africa: Burundi
Author: Jean
Published: Oct 01, 2016

The purpose of this study is to briefly examine major developments in Burundi’s criminal procedure legislation and prison laws since the adoption of its 2005 Constitution and to assess how these developments may have impacted on human rights. In effect, this study seeks to understand whether subordinate legislation in Burundi is in line with constitutional provisions and international standards relating to procedural safeguards for arrested and detained persons.

Constitutionality of Criminal Procedure and Prison Laws in Africa A comparative study of Burundi, Côte d’Ivoire, Kenya, Mozambique and Zambia
Author: Jean
Published: Oct 01, 2016

This study reviews 41 rights of arrested, accused and detained persons under Burundian, Ivorian, Kenyan, Mozambican and Zambian law. These countries were chosen because they represent Anglophone, Francophone and Lusophone Africa as well as countries that have a civil law and common law tradition. The study begins by reviewing 17 rights of those arrested and detained in police custody; it goes on to examine 18 rights of accused persons; and ends by considering six rights of those detained in prison on remand or as sentenced prisoners. Each right is examined from three angles: first, whether it is recognised under international human rights law; secondly, to what extent the right is enshrined in the domestic constitution of the jurisdiction under review; and thirdly, to what extent the right is upheld and developed in subordinate legislation.

Formalising the role of paralegals in Africa: A review of legislative and policy developments
Author: Jean
Published: Aug 31, 2016

Paralegals have an important role to play in criminal justice systems throughout Africa. In many countries the effective use of paralegals is inhibited by a lack of formal recognition. Changes to domestic legislative frameworks are necessary to empower paralegals in their work with persons in conflict with the law at police stations, court rooms and prisons.It is hoped that this report will serve as an impetus for debate and advocacy on this important issue. This report reviews the work and legal framework of paralegals in 11 countries, being Burundi, Kenya, Liberia, Mali, Nigeria, Sierra Leone, South Africa, South Sudan, Tanzania, Uganda and Zambia.

African Innovations in Pre-trial Justice
Author: Jean
Published: Aug 01, 2016

This review seeks to showcase innovative interventions to reduce pre-trial detention in African countries, so that they may be adapted for use in other low and lower-middle income countries.

Submission to the UN Human Rights Committee: Overview of cross cutting issues in Alternate Reports on South Africa
Author: Jean
Published: Mar 01, 2016

This overview of cross cutting issues emanates from five alternate thematic reports submitted by civil society organisations (the Alternate Reports) in response to the Initial Report by South Africa (the State Report), to be reviewed by the UN Human Rights Committee during its 116th session. The Alternate Reports which provided the basis for this overview are:  Recognition of Civil and Political Rights: A continued struggle for Transgender and Intersex Persons in South Africa  Shadow Report on Participatory Democracy to South Africa’s State Report and their Responses to the List Of Issues On The International Covenant On Civil And Political Rights (ICCPR)  Thematic Report on Criminal Justice and Human Rights in South Africa  Thematic Report on the Rights of Migrants and Asylum Seekers in South Africa  Thematic Report on Violence Against Women and LGBTI Persons in South Africa