~gations on the violation of Article 6 of the Charter
95. The Complainant alleges that the Respondent State violated Article 6 of the Charter
because he had a reasonable fear that he was being pursued by State Security and
would be forcibly disappeared as a reprisal for exposing the wrongdoings of senior
Government officials. 36 Article 6 of the Charter reads:
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
96. The Commission notes that the Complainant's allegation is not based on any
conduct or omission of the Respondent State as it where but rather on a fear he
harbourers. The Commission recalls the age:-observed principles of International
Law on State Responsibility that a State Party may only he,;responsible for breach
of an International duty for specific conduct or omission thclt is attributable to it.37
For responsibility to be attributed, there must be conduct or absence thereof (in
breach of an international obligation to be · spokel'};,, qf. Furth~rmore, the
Commission may not find a violation of the Charter for percehz~d future conduct.
97. In the absence of any allegation of ah act, or omission that breaches Article 6 of the
Charter, the Commission finds that the Respondent State has not committed a
violation.
Alleged violations of Article 7 of the Charter
98. Article Zof the Charter provides:
1. EvenJindividual shall have the right to have his cause heard. This comprises:
a. the right to an appeal to competent national organs against acts of violating his fundamental
rights as reco$nized and guaranteed by conventions, laws, regulations and customs in force;
b. the right to.be presumed innOcent until proved guilhJ 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.
2. No one may be condemned for an act or omission which did not constitute a legally
punishable offence at the time it was committed. No penalty may be inflicted for an offence for
which no provision was made at the time it was committed. Punishment is personal and can be
imposed only on the offender.