level", as this would make the protection of the right illusory.96 As such, the Commission found that Article 27(2) of the African Charter provides for the only legitimate reasons for limitations of the rights and freedoms contained in the Charter. 97 In this regard, Article 27(2) provides that the rights of the African Charter "shall be exercised with due regard to the rights of others, collective security, morality and common interest". 164. The Complainant alleges that upon his arrest on 10 June 2014 he confirmed his identity to the NISS officers, presented his credentials as a journalist and provided a copy of the Al Gareeda newspaper that contained the article he had written on the symposium. The Commission notes the Complainant's assertion that he was accused of having associations with rebel groups, and for misinforming the public and spreading lies about the comments made by Mr. El-Sheikh in his speech, which he expressly denied.98 Consequent to which he was detained pursuant to the Emergency Law for 101 days. 165. The Respondent State has not provided evidence that the restriction on the Complainant's right to freedom of expression was for any of the reasons prescribed in Article 27(2) of the African Charter. The Commission however notes the conflict situation that continue to plague the Southern Kordofan and Blue Nile regions, displacing tens of thousands. 99 Hence, necessitating the proclamation of the state of emergency declared in the south and central states of Kordofan at the time. Regardless, it has been stressed in the Commission's jurisprudence that the Charter contains no derogation clause. 100 In Amneshj International and others v Sudan, the Commission indicated that this " ... can be seen as an expression of the principle that the restriction of human rights is not a solution to national difficulties: the legitimate exercise of human rights does not pose dangers to a democratic state governed by the rule of law." 101 States must strive to attain a balance between human security and humane counterterrorism, to ensure that measures adopted are not inimical to human rights. 166. In the present Communication, there is no substantive evidence that the Complainant's publication threatened the collective security of the State, % Communication 140/94, 141/ 94, 145/95 - Constitutional Rights Project and Others v Nigeria para 40. 97 (As above) para 41. 98 Complainants' submission on the Merits para 48. 99 International Crisis Group 'Sudan's spreading conflict (II): war in Blue Nile' 18 June 2013 avaiJable at htlps: // wv.,w.crisisgrou p.org/ africa / horn-a frica /sudan/ sudan-s-spread ing:-conflict-ii-war-bluenile (accessed 24 February 2021); British Broadcasting Corporation 'Will Sudan ever find peace in Darfur, South Kordofan and Blue Nile?' 8 December 2014 available at https: // W\-\' W. bbc.com / news/ world-africa-30354614 (accessed 24 February 2021 . 100 Communication 48/90, 50/91, 89/93 - Amnesti; International & others v ' Communication 140/94, 141/94, 145/95 - Constitutional Rights Project ~ ~~~~~i1z a 41; • n1tr. ifi· s Project Communication 105/93, 128/94, 130/94, 152/96 - Medin Rights Agen ' ',fftfd Co v Nigeria paras 67-69. .' ~ ~ ~.., 101 (As above) Communication 48/90, 50/91, 89/93 para 79. J8 ~. ~ • w ~~ ,; ~.7 0 ~: 4. °t. AU-UA ~ ff i ~a ~~:l.;f P a g e i ( . ~.., ":><:j , / 1-oA. ":<?1cA1Ne. O°"' <c,":> '"'¾ ~\, CeToESP~/