The Applicants’ in the cause of their arrest spent approximately 6, 30 and 63 days respectively. The prolonged detention of the Applicants which the Defendant did not deny amounts to an arbitrary detention within the context of the African Charter and other international instruments. In view of the above, the Court holds that the unjustified detention of the Applicants which is not in conformity with the domestic and international laws is arbitrary and falls short of the requirements under the ACHPR and the ICCPR and therefore violates the 3-5" Applicants’ rights. On the allegation of torture and degrading treatment Article 5 of the African Charter on human and Peoples' Rights provides: Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited. Section 21 of the Constitution of the Gambia provides: “No person shall be subject to torture or inhuman or degrading punishment or other treatment.” Article 7 of the International Covenant on Civil and Political Rights provides: 55