Resolution on the development of a General Comment on the Prevention of Torture including in Non-Custodial Settings – ACHPR/Res 652.(EXT.OS/XXXIX) 2025

The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 39th Extraordinary Session, held virtually from 8th to 13th December 2025,

Recalling its mandate to promote and protect human and peoples’ rights in Africa under Article 45 of the African Charter on Human and Peoples’ Rights (the African Charter);

Also recalling Article 5 of the African Charter, which prohibits torture, cruel, inhuman, and degrading treatment or punishment;

Further Recalling its Resolution ACHPR/Res.61(XXXII)02 on the Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (Robben Island Guidelines), adopted at its 32nd Ordinary Session held from 17 to 23 October 2002 in Banjul, The Gambia;

Recalling furthermore General Comment No. 4 on the African Charter on Human and Peoples’ Rights: The Right to Redress for Victims of Torture and Other Cruel, Inhuman or Degrading Punishment or Treatment (Article 5);

Mindful of its Resolution ACHPR/Res.624 (LXXXII) 2025 on the development of a model law criminalizing torture in Africa and that the model law will benefit from developed guidance on the prevention of torture in non-custodial settings;

Considering the Study on the Use of Force by Law Enforcement Officials in Africa, adopted and launched by the Commission during its 77th Ordinary Session, held from 20 October to 9 November 2023;

Concerned that aggressive policing tactics used in the management of assemblies and protests are frequently characterised by excessive and disproportionate use of force;

Acknowledging that multiple systemic factors contribute to the persistence of police brutality, including weak accountability mechanisms, limited oversight and transparency, insufficient training on human rights–based and non-violent policing, outdated colonial-era laws and policing frameworks, and a lack of political will to undertake meaningful security sector reform;

Noting that when the denial of the right to peaceful assembly is accompanied by the intentional infliction of severe pain or suffering by a state official for the purpose of preventing or dispersing protests, such conduct may amount to torture within the meaning of Article 5 of the African Charter;

Recognizing that, in its judgment of 10 July 2024, the ECOWAS Court of Justice held that, in the context of allegations of torture during a civilian protest, “an area controlled by heavily armed security agents of the Respondent—who opened fire on unarmed protesters— constituted a breach of Article 5 of the African Charter” 1; 

Reminding State Parties to the African Charter of their obligations under Article 5 to prevent torture and other ill-treatment in all circumstances, including in non-custodial settings and during law enforcement operations;

Recalling the ACHPR Guidelines on the Policing of Assemblies 2 and the Pan-African Parliament Model Police Law for Africa 3 , which underscore that torture and other ill-treatment may occur not only in places of detention but also in public spaces, including during the policing of assemblies; and further affirming the right of national human rights institutions and civil society organizations to monitor police assemblies and provide support to victims of police violence.

The Commission decides:

1.    To mandate the Committee for the Prevention of Torture in Africa (CPTA) to develop a General Comment on the prevention of torture in general, including in non-custodial settings, including during arrest, transport, and the policing of assemblies, within a period of two years from the adoption of the present resolution.

2.    Requests the CPTA to engage with relevant stakeholders, including Member States, National Human Rights Institutions, civil society organisations, and experts, in the preparation of the General Comment.

3.    Invites international and regional partners to support the CPTA in developing and disseminating the General Comment.

https://achpr.au.int/en/adopted-resolutions/652-achprres-652extosxxxix-2025