of inquiring into the lawfulness of their detention, violated Article 7(1 )(d) of the
African Charter.
171.ln light of the above findings, the African Commission in the present
Communication, finds that the denial of harbeas corpus to the Victim violates
Article 7(1 )(d) of the African Charter.
172.Regarding the failure to provide information on the reasons for arrest and any
charges brought; the Complainant allege that the Victim was detained for months
without being informed of any criminal charges against him; at no point was he
shown a warrant for his arrest or any other document relating to the charges under
which he was detained; and no charges were brought in the course of his detention
or after his release; in violation of Article 7(1 )(d) of the African Charter.
173.The African Commission has established in its Principles and Guidelines on Fair
Trial and Robben Island Guidelines that "anyone who is arrested shall be informed,
at the time of arrest, of the reasons for his/her arrest and shall be promptly
informed, in a language he/she understands, of any charges against him/her; and
ensure that all persons deprived of their liberty are brought promptly before a
judicial authority"117. The Luanda Guidelines also provide that all persons under
arrest have the right to be informed of the reason for their arrest and any charges
against them.118
174.The African Commission is of the view that lack of information for the reasons for
the Victims arrest at the time of arrest for the reasons for the Victim's arrest and no
charges brought against him during his detention, violates Article 7(1 )(d) of the
African Charter.
175.Regarding the denial of access to a lawyer, the Complainant argues that the Victim
was denied access to a lawyer, in violation of Article 7(1 )(c) of the African Charter,
as he was detained incommunicado with no access to the outside world and
approaches to the NISS by family members and lawyers seeking access to the
Victim were refused. Furthermore, the Complainant states that a lawyer known to
ACJPS approached the NISS Prosecutor in Khartoum, to seek to meet the Victim
and ascertain if any charges had been filed, but his requests were ignored. The
Complainant also argues that the applicable domestic legislation, i.e. Article 51 (2)
of the National Security Act 2010, itself violates Article 7(1)(c) of the African
Charter119 .
176.The African Commission has considered in its Principles and Guidelines on Fair
Trial that in proceedings relating to criminal charges, legal representation is the
best means of legal defence against infringements of human rights and
fundamental freedoms 120 . The Principles and Guidelines on Fair Trial also provides
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117 See M2 (a)(b) and 3 (A) of the Principles and Guidelines on Fair Trial & Article 25, 26 & 27 of the-~oblle~ I
Guideunes
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119 The arrested, detainee or person in custody shall have the right to inform his/her family or§noth
erT_JplQYeT of ti /her
detention and shall be allowed to communicate with his/her family or advocate If this does pet pre dice'1.~ p(ogre s of interrogation, enquiry and investigation.
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120 N2(a) Principles and Guidelines on Right o Fair Trial
' 36