201. The Commission considers that although the use of force in securing an arrest is not prohibited absolutely, it must be a measure of last resort and limited to circumstances in which is it strictly necessary. In such case, it should be used very minimally and proportionately, in accordance with national and international law, and use of firearms should be employed only if the person being arrested presents 'an imminent threat of death or serious injury, to prevent the perpetration of a serious crime involving grave threat to life, and only when less extreme measures are insufficient to effect the arrest." 202. In this regard, the Commission therefore re-asserts that restrictions to liberty should only be allowed in accordance with the law and compatible with the African Charter. In the process of arrests, authorities should not override constitutional provisions or undermine fundamental rights guaranteed by. the Constitution, as well as the African Charter. 203. The Commission notes that Article 9(2) of the International Covenant on Civil and Political Rights requires that when an individual is arrested; he or she must be informed, at the time of arrest, of the reasons for the arrest and of any charges against him or her.i? This principle was expounded by in the Commission's decision in Constitutional Rights Project and Civil Liberties Organisation v. Nigeria 73. A similar stance was taken in the Commission's decision in The Kenyan Section of the International Commission of Jurists (ICl) v the Republic of Kenya74, where the Commission declared that.the arrest and detention of victims without charges were arbitrary and consequently constitute a violation of Article 6. 204. Considering the submission of the Cgwplainants .yis-a-vis the Respondent State's Constitutional provisions and internafi6pal standards as well as the jurisprudence of the Commission, some of which have been afore-referenced, the Commission is of the view that the arrest and detention of the Complainants' lawyer, without informing him of the reason for his arrest, or proffering any charge of an offence, did not meet the requirements of the Respondent State's Constitution. It is also incompatible with the African Charter and other international standards and therefore is arbitrary and unlawful. In these regards, the Commission finds a violation of Article 6.of the African Charter. Alleged violation of Articles 8 and 10 205. 206. 71 Guidelines 72 on the Conditions of Arrest, Police Custody and Pre- Trial Detention in Africa, April 2015, para 3. See Article 9(2) of the International Covenant on Civil and Political Rights. 73 Communication No.1 02/93-Constitutional Rights Project and Civil Liberties Organisation v. Nigeria, (1998), ACHPR para. 55. 74 Communication No. 385/10- The Kenyan Section of the International Commission of Jurists (ICl) v the Republic of Kenya, para 124. 77th Ordinary Session of the ACHPR 37