April 25 is Africa Pretrial Detention Day, aimed at drawing attention to the excessive use of pretrial detention and the need for urgent reform across African criminal justice systems. In 2014, members of the Campaign, supported the African Commission on Human and Peoples’ Rights to adopt the Luanda Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa.

The African Charter sets out States’ obligations to provide all people with the rights to life, dignity, equality, security, a fair trial, and an independent judiciary. The Luanda Guidelines promote the implemention of these obligations by State Parties to the African Charter in the specific context of arrest, police custody and pre-trial detention.

The Guidelines are an authoritative interpretation of the African Charter and were developed by the Commission in accordance with its mandate in Article 45(1) of the Charter to formulate standards, principles and rules on which African Governments can base their legislation. They provide guidance to policy makers and criminal justice practitioners with the aim of strengthening day-to-day practice of arrest, and through a comprehensive consultation process prior to their adoption, reflect the collective aspiration of our States and their stakeholders for a rights-based approach to this critical but often overlooked area of criminal justice.