ri"f,1 ACH PR ' · African Commission on Human Rights our Human ancl Peoples' Rights Collective Responsibility under Article 6 of the African Charter. They emphasize that States must ensure that no one is subjected to arbitrary arrest or detention. Any arrest, detention, or imprisonment act should strictly adhere to the provisions of the law and be carried out by competent officials or authorized individuals based on a warrant, reasonable suspicion, or probable cause. These Guidelines highlight the need to adhere to legal safeguards and procedures to safeguard individuals' rights and liberty. 142. This signifies that the security personnel in the Respondent State are obligated to abstain from conducting arrests, detentions, or imprisonments in a manner that disregards the principles of due process or lacks legal justification. In the Article 19 Case context, the Commission noted that even if arrests and detentions are deemed lawful under domestic legislation, they can still be regarded as arbitrary and thus unlawful if they are inappropriate, unreasonable, unjustified, or unpredictable. 45 Based on the arguments presented and the applicable jurisprudence of 143. the Commission, it is evident that the Complainant's arrest and subsequent detention by NISS officers raise serious concerns regarding the violation of his right to liberty and due process. The allegations put forth by the Complainant, including the use of physical violence, insults, and the absence of criminal charges, strongly suggest a pattern of arbitrary arrests and detentions. Furthermore, the absence of any prima facie evidence or reasonable 144. suspicion to justify the prolonged detention of the Complainant further undermines the legitimacy of his arrest and confinement. The lack of transparency and legal justification for his continued deprivation of liberty for 71 to 78 days raises questions about the adherence to fundamental principles of justice and the rule of law. Moreover, the Complainant rightly emphasizes that his perceived opposition to the regime should not serve as a basis for his arrest and detention without due process. Such actions, coupled with how he was apprehended and held, highlight the unjust and inappropriate nature of the situation, which is fundamentally incompatible with the principle of due process. 145. Drawing from the Commission's established jurisprudence, it is clear that the arbitrary arrest and detention of individuals without r justifications or in violation of their right to a fair trial constitute Article 6 of the African Charter. The principles and guidelines o 45 Ibid 1 1 , para 98 33 An Organ of�It' Afriqan ( -�� Union -..,/l 31 Bijilo A mbia Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/achpr.au.int/O 0 D