163. Human dignity is an inherent basic right to which all human beings, regardless of their mental capabilities or disabilities are entitled to without discrimination. It is an inherent right which every State 24 is obliged to respect and protect by all means possible. 164. In the present communication, the Respondent State and its agents, the Janjawid militia, actively participated in the forced eviction of the civilian population from their homes and villages. It failed to protect the victims against the said violations. The Respondent State, while fighting the armed groups, targeted the civilian population, as part of its counter insurgence strategy. In the opinion of the Commission this kind of treatment was cruel and inhuman and threatened the very essence of human dignity. 165. The African Commission wishes to remind State Parties to the African Charter to respect human and peoples’ rights at all times including in times of armed conflict. This was emphasised in Constitutional Rights Project, et al/Nigeria in which this Commission stated that: [I]n contrast to other international human rights instruments, the African Charter does not contain a derogation clause. Therefore limitation on the rights and freedoms enshrined in the Charter cannot be justified by emergencies or special circumstances. The only legitimate reasons for limitation of the rights and freedoms of the African Charter are found in Article 27.2, that is, that the rights of the Charter [/quote] “shall be exercised with due regard to the rights of others, collective security, morality and common interest”[/quote]. 166. The forced eviction of the civilian population cannot be considered permissible under Article 27.2 of the African Charter. Could the Respondent State legitimately argue that it forcefully evicted the Darfur civilian population from their homes, villages and other places of habitual residence, on grounds of collective security, or any other such grounds or justification, if any? For such reasons to be justifiable, the Darfurian population should have benefited from the collective security envisage underArticle 27.2. To the contrary, the complaint has demonstrated that after eviction, the security of the IDP camps was not guaranteed. The deployment of peacekeeping forces from outside the country is proof that the Respondent State failed in its obligation to guarantee security to the IDPs and the civilian population in Darfur. 25 167. In its decision in the Commission nationale des droits de l’Homme et libertés/Chad , the Commission reiterated its position that; “[t]he African Charter, unlike other human rights instruments does not allow for states to derogate from their treaty obligations during emergency situations. Thus, even with a civil war in Chad [derogation] cannot be used as an excuse by the State violating or permitting violations of rights in the African Charter”. 168. In view of the above, the African Commission finds that the Respondent State did not act diligently to protect the civilian population in Darfur against the violations perpetrated by its forces, or by third parties. It failed in its duty to provide immediate remedies to victims. The Commission therefore finds that the Respondent State violated Articles 4 and 5 of the African Charter. Alleged violation of Articles Article 6 and Article 7 169. The Complainant alleges arbitrary arrests and detentions of hundreds of Darfurians. It argues that the Respondent State has legal obligations pursuant to Article 6 of the African Charter to respect the right to liberty as well as to protect the right to security of the person, by protecting persons within its jurisdiction from non-state actors such as the Janjaweed militia. 170. Article 6 of the African Charter provides that “every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained”. Article 6 of the Charter has two arms – the right to liberty and the right to security of the person. 171. The Complainant alleges that Article 6 has been violated. This presupposes that the victims of the Darfur conflict, have through the actions and omissions of the Respondent State, been subjected to among other violations, the loss of their right to liberty, arbitrary arrest and detention. Personal liberty is a fundamental condition, which everyone should generally enjoy. Its deprivation is something that is likely to have a direct and adverse effect on the enjoyment of other rights, ranging from the right