Notification of rights
All detainees must be informed of their rights and of the reasons justifying their detention, in a manner and language
that they can understand. The importance of this simple safeguard to be informed of one’s rights is underlined by
evidence showing that many detainees do not exercise their rights, such as access to a lawyer or asking for a doctor,
because they do not know what their rights are, or how to ask for them. Notification of their rights gives people
greater confidence and capacity to access them and to challenge his or her detention before a court.
African Commission on Human and Peoples’ Rights: informing of rights orally and in writing
The Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention (the Luanda Guidelines) of the
African Commission on Human and Peoples’ Rights (2014), provide that “at the time of their arrest, all persons
shall be informed of the rights set out in section 4, orally and in writing, and in a language and format that is
accessible and is understood by the arrested person”. A list of the rights to be communicated is included.
Since adoption, the Luanda Guidelines have been used in several African countries, both as the basis for
workshops and trainings, for example, in Malawi and Tunisia, among others, and for the development of national
guidelines by national human rights commissions.
European Union: model letter of rights
According to EU Directive 2012/13/EU (2012) on the right to information in criminal proceedings, anyone
suspected or accused of having committed a crime in the EU must be informed promptly of his or her procedural
rights in easy-to-understand language. The authorities are also obliged to give anyone who is arrested written
information in the form of a “letter of rights” that includes the full list of important rights. The Directive sets out a
model letter in the annex to assist EU Member States draw up a letter of rights at the national level.
Malawi: practical solutions in response to limited resources
With high levels of illiteracy, authorities in Malawi are faced with the real challenge of how to communicate rights
to criminal suspects in an effective and cost-efficient way. One project, developed in partnership with civil society,
has installed a speaker system in the holding cells at Blantyre Magistrate’s Court, which plays a tape recording
explaining how and when to apply for bail. This ensures that all detained persons know about their legal rights
prior to their first court appearance before a magistrate. The civil society Malawi Bail Project also distributes
written materials in booklets to detainees.
People’s Republic of China: helping detainees access rights
Since 2003, China has supported efforts to distribute brochures and posters across a variety of vulnerable
communities, aimed at making arrested persons aware of their rights. Posters titled “If you are arrested, know
your rights!” list the rights all detainees may expect in police detention, and have been featured in police stations
in urban centres across the country. Legal aid centres and justice sector officials, including police officers, have
been active in distributing the materials to the public.
SAFEGUARDS ARE LIKE WATCHES. IMAGINE
YOU REMOVE THE BACK FROM A WATCH.
HOW MANY INDIVIDUAL PIECES WOULD YOU
SEE? EACH IS PLACED CAREFULLY IN ORDER;
IN THE RIGHT PLACE. IF JUST ONE PIECE IS
MISSING, THE WATCH WON’T WORK.
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