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The Socio-economic Impact of Pre-trial detention in Kenya, Mozambique and Zambia
Author: Jean
Published: Feb 08, 2017

In many countries people accused of crimes are held in detention before trial. The law permits this detention usually in order to guarantee the appearance of the accused at trial. This project seeks to confirm and quantify the socio-economic impact of such pre-trial detention on detainees, their families, and associated households, in the main urban centres of Kenya, Mozambique and Zambia.

An Audit of the Criminal Justice System in Kenya
Author: Jean
Published: Jan 23, 2017

The 2010 Constitution ushered in a new era for governance in Kenya, with notable emphasis on rights codified in the Bill of Rights under Chapter Four of the Constitution. It is against this background that, under the auspices of the National Council on Administration of Justice (NCAJ), the Legal Resources Foundation Trust (LRF) and Resources Oriented Development Initiatives (RODI-Kenya) - with technical support from University of Western Cape South Africa - CSPRI and financial support from Open Society Foundations - partnered to conduct an audit study on Kenya’s Criminal Justice System. The focus was on pretrial detention with specific emphasis on conditions of detention and case-flow management. The audit was commissioned by the NCAJ Council on the 15th May, 2015 and thereafter conducted under the supervision of an NCAJ National Steering Committee, comprising of members drawn from the various agencies of the Criminal Justice System.

Journal Article: Ten years after the Jali Commission: The state of South Africa's prisons
Author: Lukas
Published: Dec 01, 2016

Ten years have lapsed since the Jali Commission’s final report became publicly available, and it is therefore an opportune time to assess the state of South Africa’s prison system. The Jali Commission was appointed when it became clear that the state had lost control of the Department of Correctional Services (DCS). A decade on, some notable advances have been made in regaining control, and addressing corruption and maladministration. However, serious and persistent challenges remain. These are explored in this article, with a particular focus on policy development, the performance of the DCS against set targets, governance and human rights violations. In all four of these areas substantial shortcomings remain. Impunity for human rights violations is perhaps the most critical challenge, as the DCS has been reluctant to acknowledge the scale of this problem or to seriously address it.

Constitution de la Côte d'Ivoire (2016)
Author: Gwen
Published: Oct 16, 2016

Côte d'Ivoire's current constitution was adopted in October 2016. La dernière Constitution de Côte d'Ivoire fut adoptée en octobre 2016.

A Comparative Study of Bail Legislation in Malawi, Mozambique and Burundi
Author: Jean
Published: Oct 12, 2016

The deprivation of liberty is a serious intervention in any person’s life, and therefore the possibility of releasing an accused person from custody pending trial is a fundamental part of criminal justice systems across the world. Criminal justice systems have developed various ways to ensure, at least in law, that accused persons appear for trial without depriving them of their liberty. Such release may be conditional or unconditional. Unconditional release usually takes the form of a warning to appear in court at a later date, while conditional release can be secured through bail, bond, surety, and supervision. This paper reviews the laws on conditional release in Burundi, Malawi and Mozambique. These three countries were selected on the basis that they represent not only different types of legal systems but Francophone, Anglophone and Lusophone legal traditions, respectively. --

Constitutionnalité des lois relatives à la procédure pénale et à la détention en Afrique: Côte d’Ivoire
Author: Jean
Published: Oct 02, 2016

A la suite de l'adoption de conventions internationales des droits de l'homme dans la deuxième moitié du dernier siècle et de nouvelles constitutions à la fin du 20e siècle, la question se pose de savoir si les droits reconnus dans ces conventions et constitutions sont reconnus dans la législation applicable. Dès lors, ce rapport examine la question de la constitutionnalité du droit pénal et du droit de la procédure pénale en Côte d'Ivoire. Une étude comparative des cadres normatifs au Burundi, Côte d’Ivoire, Kenya, Mozambique et Zambie est également disponible en anglais.

Constitutionality of Criminal Procedure and Prison Laws in Africa: Zambia
Author: Jean
Published: Oct 01, 2016

Zambia’s Constitution contains an enforceable Bill of Rights, one which mainly lists civil and political rights that constrain state power. Having human rights enshrined in an enforceable manner in the Constitution is important, because the validity of other laws is measured by their conformity to the Constitution.

Constitutionality of Criminal Procedure and Prison Laws in Africa Kenya 2
Author: Jean
Published: Oct 01, 2016

Kenya’s 2010 Constitution is liberal with regard to the rights of persons in the country’s criminal justice system. Its notable novel provisions include the entrenchment of the rights to fair trial and habeas corpus and the separation of criminal investigations and prosecutions under two independent systems. The country’s penal and criminal procedure laws predate the Constitution.

Constitutionality of Criminal Procedure and Prison Laws in Africa: Kenya
Author: Jean
Published: Oct 01, 2016

Kenya’s 2010 Constitution is liberal with regard to the rights of persons in the country’s criminal justice system.This study identifies conformity gaps between, on the one hand, constitutional protections of the rights of arrested, accused and detained persons and, on the other, statutory criminal procedure requirements. The starting-point is the Constitution and, accordingly, the study is concerned with provisions in criminal procedure law that are directly or indirectly within the scope of application of an explicit right in the Constitution.

Constitutionality of Criminal Procedure and Prison Laws in Africa: Côte d’Ivoire
Author: Jean
Published: Oct 01, 2016

The adoption by referendum of Law No. 2000.515 of 1 August 2000 establishing the Constitution of the Republic of Côte d’Ivoire must be understood against the political backdrop of that time. It resulted from the need to restore state’s institutions after the coup of 24 December 1999 and to prepare for the presidential election of October 2000. Many national and international observers agree that the Ivorian Constitution of 2000 is an essential text establishing minimum standards. Observers also consider that the Constitution broadly incorporates the main principles established by the conventions and treaties that Côte d’Ivoire has signed since 1960. In criminal matters, none of the major pieces of legislation (the CCP, the CC and the PA Decree) has been modified and updated in the light of the new Constitution.

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.

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