Organisation of African Unity or the provisions of the present Charter.” The Complainants state that this Communication has not been settled by any international body and as such this requirement has been met. The Respondent State did not object to Complainants assertion and there is no evidence before the Commission to show that the Communication is being or has been settled by another international body. The Commission therefore holds that the requirement set out in article 56(7) has been fulfilled. 101. Therefore, since all, under Article 56 have been met, the African Commission declares the Communication Admissible and maintains the request for Provisional Measures communicated to the Respondent State on 5th December 2006, in order to prevent irreparable damages. 102. Other submissions which are made by the Respondent State and examined during the 41st Ordinary Session of the Commission refer to the notion of due process during the trial and will be examined at the Merits stage. The Merits The Complainants’ Submissions on the Merits 103. The Complainants submit that the manner in which the Respondent State conducted the arrest, detention, interrogation, trial and sentencing of the victims violates Articles 4, 5, 7 (1) (a), (c) and 26 of the African Charter. Alleged Violation of Article 5 (Torture and Cruel, Inhuman or Degrading Treatment) 104. It is submitted by the Complainants that, the First Victim, Mohamed Gayez Sabbah, after his arrest on 22 October 2004 was held incommunicado by SSI (State Security Intelligence) agents until March 2005. SSI agents blindfolded and bound him, and occasionally hung him from the ceiling by his arms and legs. According to the Complainants he was held in this condition for 96 days, being untied only during his interrogation by the State Security 25