"Every individual shall have the right to liberty and to
the security of his person. No one may be depri'oed of
his freedom except for reasons and conditions
previously laid down by law. In particular, no one may
be arbitrarily arrested or detained.
167. The Commission observes that not all actions that constrain an individual's
physical freedom can amount to a deprivation of liberty in terms of Article 6
of the African Charter. However, a deprivation of liberty that falls outside
the strict confines of the law, or for reasons that are not acceptable or simply
arbitrary, will amount to a violation of Article 6 of the-African Charter. In its
General Comment No. 35, the United Nations Human .Rights Committee
emphasized that a person's liberty and security of person are precious in
themselves, but also because the deprivation of liber.ty· and the denial of the
right to security of person have always beenc means .of hinderfng the
enjoyment of other rights. Both rights ·a re therefore fundamental, because
they condition the enjoyment of other rights 71 •
· ··
168. In the present Communieation, the Complainants submit that the Victim
was denied his right to liberty and security of the person and subjected to
arbitrary arrest and · 'detention. The Complainants also submit that the
Victim's arrest was arbitrary as he was arre~ted without being informed
the reasons of his arrest and detained for 23. months (from 7 June 2005 to 3
May 2007) without ever being charged, with an office and without any
lawful basis72 •
169.The Commission has established in its Principles and Guidelines on the Right
to a fair Trial and Legal Assistance in Africa and Robben Island Guidelines that
anyone who is arrested shall be informed, at the time of arrest, of the
reasons for his/her arrest and shall be promptly informed, in a language
he/ she un9erstands, of any charges against him/her; and ensure that all
persons deprived of tl1eir liberty are brought promptly before a judicial
authority 73 . Furthermore, the Commission's Luanda Guidelines also
provides that "arrested persons shall have the right to be informed of the
reasons for their arrest and any charges against them. 74