Resources

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Penal Code of Comoros
Author: Suraj
Published: 18 Sep 1995
As adopted on 15 May 1982 and 18 September 1995
Legislation Comoros
Chetankumar Shantkal Parekh v People (S.C.Z. Judgment No. 11 of 1995) [1995] ZMSC 25 (10 July 1995); (1995 ) SJ (SC)
Author: Jean
Published: 10 Jul 1995
(i) Where any trial is unreasonably delayed through no fault or strategem of the accused, the arrested person must be released on what one might call "constitutional bail". Such bail is available and clearly overrides any prohibitions in the lesser laws so that Article 13(3) would apply to any unreasonably delayed case, whatever the charge and whatever s.43 of the Act., or s.123 of the C.P.C. or any other similar law may say (ii) There is nothing in the Constitution which invalidates a law imposing a total prohibition on the release on bail of a person reasonably suspected of having committed a criminal offence, provided that he is brought to trial within a reasonable time after he has been arrested and detained (iii) Before the stage when a trial becomes unreasonably delayed, it is constitutionally permissible to authorise deprivation of liberty, if authorised by law, and without making any provision for bail under any circumstances
Zambia Case law
Constitution of the Republic of Malawi (as amended to 1998)
Author: Jean
Published: 18 May 1994
The people of Malawi, recognizing the sanctity of human life and the unity of all mankind; guided by their private consciences and collective wisdom; seeking to guarantee the welfare and development of all the people of Malawi, national harmony and peaceful international relations; desirous of creating a constitutional order in the Republic of Malawi based on the need for an open, democratic and accountable government: HEREBY adopt the following as the Constitution of the Republic of Malawi:
Legislation Malawi
Constitution of Benin
Author: Jean
Published: 01 Dec 1990
Adopted at the referendum of 2 December 1990
Legislation Benin
Eworho v The Attorney General 1986 BLR 359 (HC)
Author: Jean
Published: 25 Sep 1986
... the power of detention under section 14(1) of the Immigration Act (Cap. 25:04) (1973 Rev.) is limited to such period as may be necessary for the completion of arrangements to remove a person detained from Botswana. In the circumstances of the instant case the court could not hold that detention from the first half of May 1986 to 15 August 1986 was reasonably necessary to make arrangements to effect the removal of the applicant from Botswana. The writ de homine libero exhibendo would therefore issue.
Case law Botswana
Penal Code of Mauritania
Author: Suraj
Published: 09 Jul 1983
Ordinance 83-162 of 9 July 1983 - The introduction of a Penal Code (Ordonnance 83-162 du 9 juillet 1983 portant institution d’un Code Pénal)
Mauritania Criminal code Legislation
African Charter on Human and People's Rights
Author: calitz
Published: 27 Jun 1981
Adopted 27 June 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered into force 21 October 1986
International legal instrument African Commission Legislation Human and Peoples Rights
United Nations Standard Minimum Rules for the Treatment of Prisoners
Author: Jean
Published: 12 May 1977
These rules seek to set out what is generally accepted as being good principle and practice in the treatment of prisoners and the management of institutions. They represent the minimum conditions which are accepted as suitable by the United Nations.
International legal instrument Legislation Conditions Prisons
Journal Article: Africa, Prisons and COVID-19
Africa’s prisons are a long-standing concern for rights defenders given the prevalence of rights abuses, overcrowding, poor conditions of detention and the extent to which the criminal justice system is used to target the poor. The paper surveys 24 southern and east African countries within the context of COVID-19. Between 5 March and 15 April 2020 COVID-19 had spread to 23 southern and east African countries, except Lesotho. The overwhelming majority of these countries imposed general restrictions on their populations from March 2020 and nearly all restricted visits to prisons to prevent the spread of the coronavirus. The pandemic and government responses demonstrated the importance of reliable and up to date data on the prison population, and any confined population, as it became evident that such information is sorely lacking. The World Health Organization recommended the release of prisoners to ease congestion, a step supported by the UN Subcommittee on Prevention of Torture. However, the lack of data and the particular African context pose some questions about the desirability of such a move. The curtailment of prison visits by external persons also did away with independent oversight even in states parties to the Optional Protocol to the Convention against Torture (OPCAT). In the case of South Africa, prison monitors were not listed in the ensuing legislation as part of essential services and thus were excluded from access to prisons. In the case of Mozambique, it was funding being placed on hold by the donor community that prevented the Human Rights Commission from visiting prisons. The COVID-19 pandemic has highlighted long-standing systemic problems in Africa’s prisons. Yet African states have remained remarkably reluctant to engage in prison reform, despite the fact that poorly managed prisons pose a significant threat to general public health care.
ACJR Publication COVID-19 Prison Africa
Fact Sheet 18: A guide to reading government annual reports
Author: Janelle
Government departments use annual reports to report on their performance against set objectives stated in their Annual Performance Plans (APP) and the Medium-Term Expenditure Frameworks (MTEF). Annual reports also serve the function of promoting accountability and transparency which should improve trust and confidence in government’s ability to deliver on services. It is especially for civil society organisations that annual reports can be invaluable when holding government accountable. There are, however, certain challenges that readers of annual reports encounter, most notably the fact that annual reports are generally long and complex. Furthermore, the issue of erroneous and intermittent reporting is cause of concern when it comes to analysing an annual report. This fact sheet serves as a guide on how to read government department annual reports and highlights key issues to consider.
ACJR Publication Fact Sheet Government Annual Report
Fact Sheet 18: A guide to reading government annual reports
Author: Janelle
Government departments use annual reports to report on their performance against set objectives stated in their Annual Performance Plans (APP) and the Medium-Term Expenditure Frameworks (MTEF). Annual reports also serve the function of promoting accountability and transparency which should improve trust and confidence in government’s ability to deliver on services. It is especially for civil society organisations that annual reports can be invaluable when holding government accountable. There are, however, certain challenges that readers of annual reports encounter, most notably the fact that annual reports are generally long and complex. Furthermore, the issue of erroneous and intermittent reporting is cause of concern when it comes to analysing an annual report. This fact sheet serves as a guide on how to read government department annual reports and highlights key issues to consider.
ACJR Publication Fact Sheet
Journal Article: Africa, Prisons and COVID-19
Africa’s prisons are a long-standing concern for rights defenders given the prevalence of rights abuses, overcrowding, poor conditions of detention and the extent to which the criminal justice system is used to target the poor. The paper surveys 24 southern and east African countries within the context of COVID-19. Between 5 March and 15 April 2020 COVID-19 had spread to 23 southern and east African countries, except Lesotho. The overwhelming majority of these countries imposed general restrictions on their populations from March 2020 and nearly all restricted visits to prisons to prevent the spread of the coronavirus. The pandemic and government responses demonstrated the importance of reliable and up to date data on the prison population, and any confined population, as it became evident that such information is sorely lacking. The World Health Organization recommended the release of prisoners to ease congestion, a step supported by the UN Subcommittee on Prevention of Torture. However, the lack of data and the particular African context pose some questions about the desirability of such a move. The curtailment of prison visits by external persons also did away with independent oversight even in states parties to the Optional Protocol to the Convention against Torture (OPCAT). In the case of South Africa, prison monitors were not listed in the ensuing legislation as part of essential services and thus were excluded from access to prisons. In the case of Mozambique, it was funding being placed on hold by the donor community that prevented the Human Rights Commission from visiting prisons. The COVID-19 pandemic has highlighted long-standing systemic problems in Africa’s prisons. Yet African states have remained remarkably reluctant to engage in prison reform, despite the fact that poorly managed prisons pose a significant threat to general public health care.
ACJR Publication Africa Prison COVID-19
Legal Education and Legal Practitioners Act (as amended to 1989)
Author: Jean
Published: 12 Apr 1965
An Act to establish a Council of Legal Education and to provide for its functions and responsibilities; to establish criteria for the admission of persons to practise before the courts of Malawi as legal practitioners, and to provide for the professional discipline of legal practitioners; to establish the Malawi Law Society as a body corporate and to make provision for its objects and membership; to make comprehensive provision in relation to notaries public and for matters incidental thereto and connected therewith.
Legislation Malawi
Criminal Code of Morocco
Author: Jean
Published: 26 Nov 1962
Dahir N° 1-59-413 Du 28 Joumada II 1382 (26 Novembre 1962) Portant Approbation du Texte du Code Pénal
Morocco Legislation
Universal Declaration of Human Rights
Author: Jean
Published: 10 Dec 1948
The Universal Declaration of Human Rights (UDHR) is a milestone in the history of human rights. The Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948, General Assembly resolution 217 A (III) as a common standard of achievements for all peoples and all nations.
International legal instrument Legislation
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