persecution of the Jehovah’s Witnesses, including arbitrary arrests, appropriation of church property, and exclusion from access to education. Comm. 100/93, makes allegations of torture, executions, arrests, detention, unfair trials, restrictions on freedom of association and freedom of the press. It also alleges that public finances were mismanaged; that the failure of the Government to provide basic services was degrading; that there was a shortage of medicines; that the universities and secondary schools had been closed for two years; that freedom of movement was violated; and that ethnic hatred was incited by the official media. 14. OMCT, Association internationale des juristes démocrates, Commission internationale des juristes (C.I.J), Union interafricaine des droits de l'Homme / Rwanda 27/89, 46/91, 49/91, 99/93. The communications allege the expulsion of Burundi nationals who had been refugees without the opportunity to defend themselves at trial; arbitrary arrests and summary executions; the detention of thousands of people by the armed forces on the basis of ethnic origin; the destruction of Tutsi villages and massacre of Tutsis. 15. Albert Womah Mukong vs. Cameroon. Communication No. 458/1991, UN Doc. CCPR/C/51/D/458/1991 of th 10 August 1994. 16. Inter-American Court of Human Rights, [url=http://www.unhcr.org/refworld/docid/3ae6b71914.html]Case of Velásquez Rodríguez. Preliminary Exceptions [sic][/url], cit., para. 91 . See in this connection also Judicial Guarantees during States of Emergency ( Articles 27.2, 25 and 8 of the American Convention on Human Rights). Advisory Opinion OC–9/87 of October 6, 1987. Series A. Nº 9, para. 24. 17. July 1988. 18. (2003) 19. Communication 458/1991, para. 9.3. 20. Albert Mukong, supra. 21. For example, the International Covenant on Civil and Political Rights and the European Convention on Human Rights. 22. Commission nationale des droits de l'Homme et des libertés / Chad, Paragraph 21 para. 21: “The African Charter, unlike other human rights instruments, does not allow for states parties to derogate from their treaty obligations during emergency situations. Thus, even a civil war in Chat cannot be used as an excuse by the State violating or permitting violations of rights in the African Charter.” 24. See communication 147/95 and 149/96 – Sir Dawda K Jawara v The Gambia, para. 57-59. th 25. Human Rights Committee, Communication 458/1991 Albert Mukong v. Cameroon, 10 August 1994, para. 9.8] th 25. Human Rights Committee, Communication 458/1991 Albert Mukong v. Cameroon, 10 August 1994, para. 9.8] 26. Constitutional Rights Project / Nigeria, Paragraph 55 the [African] Commission held that, “where individuals have been detained without charges being brought…this constitutes an arbitrary deprivation of their liberty and thus violates Article 6 .” 95. Furthermore, the length of time for which the detainees have been kept in custody must be considered. Both parties agreed that the arrests occurred in September 2001. The journalists and political opponents have therefore been detained, without charge or trial, for a period of over 5 years. 96. Article 7.1.d of the Charter provides that all individuals shall have, “the right to be tried within a reasonable time by an impartial court or tribunal.” The Commission has exp[ou]nded upon this provision in its Resolution on the Right to Recourse and Fair Trial, which states that, “Persons arrested or detained shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or be released.” << #27 ACHPR /Res.4(XI)92: Resolution on the Right to Recourse and Fair Trial (1992), paragraph 2(c) . th 28. See Decision of the Human Rights Committee, Buchholz v. Germany, 7759/77 [1981] ECHR 2 (6 May 1981). 29. Union Alimentaria Sanders SA , 7 July 1989, Series A Number 157 . 30. Ibid. [sic] 31. 101/93, para. 12. th 32. General Comment No. 20, 44 Session, 1992 33. Communications 48/90, 50/91, 52/91 and 89/93 Amnesty International, Comité Loosli Bachelard, Lawyers' Committee for Human Rights, Association of Members of the Episcopal Conference of East Africa / Sudan. 34. Communication 74/92 Commission nationale des droits de l'Homme et des libertés / Chad. 35. See for example Communications 143/95-150/96, 143/95 and 150/96 Constitutional Rights Project and Civil Liberties Organisation/ Nigeria 36. Media Rights Agenda, Constitutional Rights Project, Media Rights Agenda and Constitutional Rights Project v. Nigeria. 37. 147/95 and 149/96. 38. Mukong case, supra note 2, para. 9.7.