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The Treatment of Prisoners under International Law$

Nigel Rodley and Matt Pollard

Print publication date: 2011

Print ISBN-13: 9780199693566

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199693566.001.0001

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(p.641) Annex 9E African Charter on Human and Peoples’ Rights [excerpts]

(p.641) Annex 9E African Charter on Human and Peoples’ Rights [excerpts]

Source:
The Treatment of Prisoners under International Law
Publisher:
Oxford University Press

Article 4

Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Article 5

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.

Article 6

Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

Article 7

1. Every individual shall have the right to have his cause heard. This comprises:

  1. (a) The right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force;

  2. (b) the right to be presumed innocent until proved guilty by a competent court or tribunal;

  3. (c) the right to defence, including the right to be defended by counsel of his choice;

  4. (d) the right to be tried within a reasonable time by an impartial court or tribunal.

2. No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.