Human Rights our Collective Responsibility treated persons believed to be members of the Nuba ethnic groups, activists acting on their behalf, as well as suspected SPLM/ A sympathisers. As the Commission has held in the Article 19 case,40"where allegations are not disputed by the state involved, the Commission may take the facts as provided by the complainant as a given." In the same way, where the Respondent State in this case does not dispute the factual allegations of the Complainants, the Commission has the discretion to take the facts as a given. 131. Therefore, the Commission finds that the deliberate inhuman treatment of members of South Kordofan and Blue Nile, including the rape and other forms of sexual violence, violent assaults and enforced disappearances causing serious physical and psychological suffering that amount to torture and ill-treatment, violates Article 5 of the African Charter. The Commission also finds that, regardless of the accusations leveled against those arrested and detained, the illtreatment, brutalisation and torment of those in detention by the security personnel of the Respondent State with the intention to cause physical and psychological harm are inhuman and unjustified and amounted to a clear violation of Article 5 of the African Charter. 132. Alleged violation of Article 6 of the African Charter 133. The Complainants alleged that the arbitrary arrests of a large number of civilians, in particular, members of ethnic groups such as Nuba and others believed to be SPLM/ A-North sympathisers, as well as UN peacekeepers and journalists as well as the enforced disappearances of identified and unidentified individuals constitute a violation of the liberty and security of the person under Article 6 of the African Charter. 134. Article 6 of the African Charter provides that: Even) 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. Deprivation of liberty through arbitrary arrests, detention and enforced disappearances contravenes the very essence of Article 6 of the African Charter. Where violation of Article 6 is widespread, as is evident in this case, and shown to have been perpetrated by the Respondent State, the Commission has no option but to find the Respondent State and its security personnel responsible. 135. 40 Article 19 case (n 32 above) para 102. 27 All Organ of Itla Africanc ;l Union \,.,;,'iI