psychological suffering, but must be interpreted to extend to the widest possible protection against abuses. 75 The Commission has also held in Krishna Achuthan (on beh.alfofAleke Banda), Amnesh; International (on behalfofOrton and Vera Chirwa) v M.alawi that holding prisoners under conditions of overcrowding, acts of beating, poor sanitary conditions and extremely poor quality of food contravenes Article 5 of the African Charter.76 The Commission therefore holds that the action of the Respondent State constitutes multiple violations of Article 5 of the African Charter. Alleged violation of Article 6 152. Article 6 of the Charter reads: 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. 153. The Complainant submits that he was detained by NISS officers without charge for 101 days, and only informed by the prison authorities at al-Nuhood prison and subsequently El-Obeid prison that he was being detained under the Emergency and Public Safety Bye-law (1998). The Respondent State has not contested this claim, in fact, it has failed to respond to the Secretariat's request even after repeated notifications. In this circumstance, the Commission must decide on the facts of the Complainant as the facts of the case. 77 154. The Commission has held that the right to liberty has two arms. The first arm is simply the freedom from restraint, an individual's ability to do as he/she pleases, provided it is done in accordance with the law.78 The second arm deals with the right to security of the person. 79 In determining the parameters of the limitation to the right to liberty, the Commission has stressed that the clause 'laid down by law' does not provide a blanket approval of any domestic law regardless of its effect. so In Amnestt; International and Others v Sudan the Commission held that" Article 6 must be interpreted in such a way as to permit arrests and detention only in the exercise of powers normally granted to the Communication 292/04 - Institute for Human Rights a11d Development in Africa v Angola para 52. Communication 64/92, 68/92, 78/92_8AR - Krishna Aclwthnn (on be/rnlfof Aleke Banda), Anmes/:J; lntemational (on behalfof Orton and Vera Chi,wn) v Malawi para 7. ~~~ ·::... 77 Communication 105/93, 128/94, 130/94, 152/96 - Media Rights Ar, s ~{j),#ft'l-,s4// j t1: ,ia para 86; /2 ~~ ~~c, Communication 232/99 - John Ouko v Kenyn para 21 . 78 (N 58 above) Communication 279/03-296/05 paras 172 -173. 1 i-,.. 79 As above. w ~ 0 80 Communication 275/03 - Article 19 v Eritrea para 92. ~ i ; .i ,1. ';,, AU -UA o ,.,,\\ 'tr ~ ~ 'b1, .____ _ - '?Q / < "l•·R,cA\t-1£-o'<'- ~"?,.,a 7 I r> c1 g e 75 76 /1 5 ,Jt... , E" ET DE5 l'f • ........