(d) d) provides or makes available monetary, financial or other related services; (e) provides or makes available any explosive, dynamite, inflammable substances, firearms or other lethal weapons or poisonous substances; or (j) provides any training or instruction imprisonment from 10 to 15years. or directive; is punishable with rigorous 253. Similarly, Article 23(1)(2) of the Anti-Terrorism Proclamation No. 652/2009 provides that: Without prejudice to the admissibility of evidences to be presented in accordance with the Criminal Procedure Code and other relevant legisLations, the following shall be admissible in court for terrorism cases: 1/ intelligence report prepared in relation to terrorism, even if the report does not disclose the source or the method it was gathered; 2/ hearsay or indirect evidences; 254. When the above provisions are read together, there is no question that arrests and detention relying on evidence that is based on "intelligence report prepared in relation to terrorism, even if the report does not disclose the source or the method it was gathered" or is based on "hearsay or indirect eoidences" can lead to arbitrariness and violations of human freedom. 255. Deprivation of liberty through arbitrary arrests, detention or enforced disappearances contravenes the very essence of Article 6 of the African Charter. Where violation of Article 6 of the African Charter is widespread and shown to have been perpetrated by a Respondent State, as in this case, the Commission has no option but to find the Respondent State and its security personnel responsible. 256. Article 7(1) of the African Charter provides that: Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts violating his fundamental rights as authorized and guaranteed by conventions, Laws, regulation and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defence, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 257. In the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, the Commission affirms in relation to the obligation of State Parties under Article oo~ African Charter that: . ,. I<'~:\ =: =t. arres;) States :nust that no one shall be subjec.t to arbitr~ry m:rest or detention or imprisonment shall only be earned out stnctly In accordance w thai the 'prdtnsions ~ ~"i "- '" AJ U ~ U'" z ; \)'<:- '" ~ ...<'"/,,' ~..:s '// .:...""1't'If: El {l{S~' ~ " :: \ A·a ,,;;j _'£ ( Ov AIl"~1C A\tI~ ",0&.... i<'O~j~\ J ! j .. I,' If