Fundamental Freedoms; Protocol Nos. 6 and 13 European Convention for the Protection of Human Rights and Fundamental Freedoms; Article 6 International Covenant on Civil and Political Rights (ICCPR); Second Optional Protocol to the ICCPR Aiming at the Abolition of the Death Penalty; Article 9 Convention on the Protection of the Rights of Migrant Workers and Members of their Families; Article 6 Convention on the Rights of the Child; Convention on the Prevention and Punishment of the Crime of Genocide; International Convention of the Suppression and Punishment of the Crime of Apartheid; Geneva Conventions I, II, III and IV of 12 August 1949, Common Article 3 and Protocols I and D; Article 3 × Everyone has the right to life, liberty and security of person. Universal Declaration on Human Rights; Article 1 American Declaration of the Rights and Duties of Man; Article 6 Arab Charter on Human Rights; General Comment 6, adopted by the Human Rights Committee, Sixteenth session, 1982; General Comment 14, adopted by the Human Rights Committee, Twenty-third session, 1984; General Comment 29, adopted by the Human Rights Committee, Seventy-second session, 2001; Code of Conduct for Law Enforcement officials, adopted by the UNGA Resolution 34/169 of 17 December 1979; Declaration on the Protection of All Persons from Enforced Disappearances, UNGA Resolution 47/33 of 18 December 1992; Safeguards Guaranteeing Protection on the Rights of Those Facing the Death Penalty, ECOSOC Resolution 1984/50 of 25 May 1984; United Nations Basic Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, ECOSOC Resolution 1989/65 of 24 May 1989: United Nations Basic Principles in the Use of Force and Firearms by Law Enforcement Officials, adopted by the Eight United Nations Congress on the Prevention of Crime and the Treatment of Offenders, 7 September 1990. 17 In the case of Kaya v Turkey at the European Court of Human Rights, Application Nos. 158/1996/777/978, Judgement of 19 February 1998. 18 See also Communication 64/92-68/92-78/92 8AR: Krishna Achuthan (on behalf ofAleke Banda), Amnesty International (on behalf of Orton and Vera Chirwa), Amnesty International (on behalf of Orton and Vera Chirwa) v Malawi; Communication 48/90-50/91-52/91-89/93: Amnesty International, Comité Loosli Bachelard, Lawyers' Committee for Human Rights, Association of Members of the Episcopal Conference of East Africa v Sudan. 19 See also Labita v. Italy [GC], no. 26772/95, § 119, ECHR 2000-1V, where the European Court also set a threshold as to what may constitute a violation to the right to life. 20 See also the ECHR case of Ireland v. the United Kingdom, judgment of 18 January 1978, Series A no. 25, p. 65, § 162, where a principle is also mentioned. 21 (See, ACHPR/59/91, ACHPR/60/91, ACHPR/64/92, 68/92, 78/92, ACHPR/87/93, ACHPR/101/93). 22 Relevant human rights treaties on prevention of torture: Article 5 African Charter on Human and Peoples' Rights: Article 5 American Convention on Human Rights; Inter-American Convention to Prevent and Punish Torture; Article 3 European Convention for the Protection of Human Rights and Fundamental Freedoms; European Convention for the Prevention of; Torture and Inhuman and Degrading Treatment or Punishment; Article 7 and 10 International Covenant on Civil and Political Rights; UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Geneva Conventions I, II IV of 1949, Common Article 3 and Protocols I and II. 23 See Merits submission of the Respondent state. 24 See. e.g., the Commission's decisions in communications 59/91. 60/91, 64/9, 68/92, 78/92, 87/93 and 101/93. 25 See the case of Balti and Others v Turkey, ECHR. 33097/96 and 57834/00, 3 June 2004. See also see Labita v. Italy [GC], no. 26772/95, § 119, ECHR 2000-IV; Aerts v. Belgium judgment of 30 July 1998 Reports 1998-V, p. 1966. 26 Balti and Others v Turkey, ECHR, 33097/96 and 57834/00, 3 June 2004. 27 13th Activity Report, 1999-2000. 28 See also 13th Activity Report: 1999 - 2000. 29 12th Activity Report: 1998 - 1999. 30 Italics for emphasis. 31 See the Commission's decisions in communications 59/91, 60/91, 64/92, 68/92, 78/92,87/93 and 101/93. See also Communications 275/03: Article 19 v Eritrea, 22nd Activity Report: Nov 2006 - May 2007. Eritrea did not deny the Complainant's contention that the detainees are being held incommunicado, with no access to legal representation or contact with their families, and as the [African] Commission has enunciated in many of its previous decisions, where allegations are not disputed by the State involved, the Commission may take the facts as provided by the Complainant as a give. Nor does the political situation 27