ACJR Publications

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.

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.

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.

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.

This paper sets out the arguments and evidence for the decriminalisation and declassification of petty offences.

This paper sets out the arguments and evidence for the decriminalisation and declassification of petty offences.

Armchair discussion on the National Prosecuting Authority, 22 November 2016, Jean Redpath

Submitted to the African Commission on Human and Peoples’ Rights in response to South Africa’s Second Periodic Report under the African Charter on Human and Peoples’ Rights, to be reviewed at the 58th Ordinary Session of the African Commission on Human and Peoples’ Rights

Submitted to the African Commission on Human and Peoples’ Rights in response to South Africa’s Second Periodic Report under the African Charter on Human and Peoples’ Rights, to be reviewed at the 58th Ordinary Session of the African Commission on Human and Peoples’ Rights

National Prosecuting Authority says there are more resolutions via the alternative dispute resolution mechanism

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

Submission to the UN Human Rights Committee in response to the Initial Report by South Africa under the International Covenant on Civil and Political Rights at the 116th session of the Human Rights Committee