109. The African Commission was also referred to the absolute prohibition of torture and ill treatment as contained in the Robben Island Guidelines19 and Hurilaws v Nigeria20. They further contend that the absolute character of the prohibition of torture and ill-treatment is recognized in other regional and international instruments including the RIG and CAT.21 The Complainants submit that even those instruments which, in contrast to the African Charter, allow for some derogation during times of national emergency explicitly exclude from the scope of permissible derogation, inter alia, the provisions prohibiting torture and ill-treatment.22 The Complainants argue that even the undoubted threat posed by terrorism, do not affect in any way the absolute prohibition on torture.23 110. The Complainants further argue that, because of the importance of the values it protects, and as international courts and bodies have recognized, the prohibition of torture has now evolved into a peremptory norm or jus cogens, reflecting that the prohibition has become one of the most fundamental standards in the international community.24 111. The Complainants submit that, not only is the Respondent State required to refrain from torture and ill-treatment, but also that, it must take positive measures to effectively prevent and protect against it. They argue that, certain safeguards – such as access to counsel, courts and medical personnel, and the inadmissibility of evidence obtained through torture – are inherent aspects of the prohibition of torture and ill-treatment. They further submit 19 Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading treatment or Punishment in Africa, adopted by the African Commission on Human and Peoples’ Rights at its 32 nd Session, 17-23 October 2002 (hereinafter “Robben Island Guidelines”), para. 9. 20 Hurilaws v. Nigeria (Comm. no. 225/98), para. 41 21 Art. 2(2) CAT; United Nations Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, GA res. 3452 (XXX) of 9 December 1975, Art. 3. 22 See ICCPR, Art. 4; ECHR, Art. 15; ACHR, Art. 27. 23 Saadi v. Italy (App. No. 37201/06), ECtHR (Grand Chamber), judgment of 28 February 2008. 24 Committee Against Torture, General Comment No. 2: Implementation of Article 2 by States Parties, 23 November 2007, UN doc. CAT/C/GC/2/CRP.1/Rev.4, para. 1 (excerpted in the Annex of the Complainants); International Criminal Tribunal for the Former Yugoslavia (ICTY), Prosecutor v. Furundzija 10 December 1988, case No IT-95-17/1-T, paras 153-154 (excerpted in the Annex the Complainants). 27