STATE PERIODIC REPORTING UNDER ARTICLE 62 OF THE AFRICAN
CHARTER ON HUMAN AND PEOPLES’ RIGHTS
Indicative Questions to State Parties in respect of Article 5 of the African Charter
Article 5 of the African Charter on Human and Peoples’ Rights (‘the African Charter’ or ‘the Charter’)
provides as follows:
‘Every individual shall have the right to the respect of the dignity inherent in a human being and to the
recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave
trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.’
The Committee for the Prevention of Torture in Africa (‘the Committee’ or ‘CPTA’) has prepared the
questions set out here to guide State Parties as they prepare periodic state reports for presentation
to the African Commission on Human and Peoples’ Rights (the Commission) in terms of Article 62 of
the Charter. These indicative questions may also be used by national human rights institutions, nongovernmental organisations and other stakeholders as they prepare alternative reports for submission
to the Commission. The questions are informed by various instruments, including the Guidelines and
Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or
Punishment in Africa (the Robben Island Guidelines).
I. Prohibition of Torture
1. Has the State ratified the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT)? Has the State adopted specific legislation criminalising torture in
accordance with the provisions of CAT and the Robben Island Guidelines? If not, is the enactment
of this legislation envisaged in the near future? If so, please specify when and the steps taken in
that regard.
2. Explain whether the State is a party to the Optional Protocol to the Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). If so, explain whether
it has established a fully functional, effective and independent National Preventive Mechanism
(NPM) as required under OPCAT in order to ensure independent oversight of places of detention
for purposes of preventing torture or ill-treatment. If not, what steps, if any, have been taken to
establish an NPM?
3. Is there a law that prohibits the admission of evidence obtained through torture?
4. Explain the measures in place to ensure that no one is expelled or extradited to a country
where he or she is at risk of being subjected to torture or ill-treatment.
II. Prevention of Torture
5. Explain whether training programmes on the prevention and prohibition of torture or illtreatment are given to law enforcement officers, gendarmerie, prison administration officials
and the judiciary. Do those programmes include a component on procedures used to document
torture or ill-treatment according to international standards?
6. Explain whether effective, accessible and independent complaints mechanisms are in place
with powers to receive, investigate and take appropriate actions on allegations of torture or illtreatment committed by law enforcement officials.
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