131. The established international human rights jurisprudence sets three criteria to determine whether or not a particular deprivation of liberty is arbitrary, namely, the lawfulness of the deprivation, the existence of clear and reasonable grounds and the availability of procedural safeguards against arbitrariness. 28 These are cumulative conditions and non-compliance with one makes the deprivation of liberty arbitrary. i) The lawfulness of the detention 132. The Court notes that arrest or detention that lacks any legal basis is arbitrary.29 Any deprivation of liberty shall have a legal basis or shall be carried out in "accordance with the law".30 133. In the case at hand, the Respondent generally argues that the re-arrest of the Applicants was lawful without indicating the specific law on the basis of which the re-arrest was made. Nonetheless, the Court infers from the undisputed submission of the Applicants that they were re-arrested on the basis of section 265 of the Penal Code of the Respondent. The Court thus, holds that there was an adequate legal basis for the re-arrest and that it was conducted "in accordance with the law". ii) The Existence of clear and reasonable grounds 134. The Court notes that a deprivation of liberty shall also have clear and reasonable grounds. Although Article 6 of the Charter does not explicitly require that the grounds should be clear or reasonable, the expression "reasons and conditions" in the same implies that any arrest or detention should not be conducted without adequate or reasonable grounds. 31 CCPR/C/39/D/305/1988 (1990), para. 5.8, A v. Australia, Communication No. 560/1993, U.N. Doc. CCPR/C/59/D/560/1993 (30 April 1997), para. 9.2. 28 See Principle 1 (b),African Commission, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, DOC/OS(XXX)247 (2001) 29 General Comment 35, Article 9 (Liberty and security of person), UN HRCttee, CCPR /C/GC/35 (2014), para. 11 Essono Mika Miha v. Equatorial Guinea, Communication No. 414/1990, U.N. Doc. CCPR/C/51/D/414/1990 (1994), para. 6.5. 30 Ibid. See also Communication 368/09 Abdel Hadi, Ali Radi & Others v Republic of Sudan, African Commission, (2014), paras. 79-80; Principle 2, UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment General Assembly NRES/43/173, 9 December 1988. 31 Communication No. 379/09 Monim Elgak, Osman Hummeida and Amir Suliman (represented by FIDH and OMCT) v Sudan, 10 March 2015, para. 105, / . Z ) ) / e . /;; 35 ~~ ~ fiu~ ~