have not adequately addressed the limitations or drawbacks found in the original 2010 version of the Act. 180.The African Commission highlighted the need for comprehensive and substantive changes to the NSA to ensure the protection of individuals' rights to align with the principles of the African Charter. Mere cosmetic modifications without addressing the underlying issues do not provide the necessary safeguards for detainees and their access to legal representation. It is essential for the Respondent State to address these concerns and make substantive amendments that genuinely improve the protection of human rights within the framework of the NSA.129 181 .The African Commission therefore holds that the Respondent State violated article 7 (1) (c) and (d) of the African Charter. Alleged Violation of Article 12(1) & 12(2) of the African Charter 182.Article 12 of the African Charter provides: (1) 'Every individual shall have the right to freedom of movement and residence within the borders of a State, provided he abides by the law, (2) Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality', 183.The African Commission's General Comment No 5 on the Right to Freedom of Movement and Residence provides that Article 12(1) and 12(2) of the African Charter includes an array of rights and freedoms. While 12 ( 1) provides for freedom of movement and residence in any part of the State unimpeded, provided that one abides by the laws of the land; 12 (2) it is clear that every individual has the right to leave their country and to return to the same.130 184.The Complainant argues that the Victim experienced persecution at the hands of the NISS between 2011 and 2018 and after his release, he was forced to flee the country owing to a well-founded fear of persecution by the Sudanese authorities. The Complainant aver that this fear of persecution has prevented the Victim from returning to Sudan, which violates his right to freedom of movement and residence, as well as his right to return to his country, as guaranteed under Articles 12 (1) and 12(2) of the African Charter. 185.The African Commission recalls its position in John D. Ouko v. Kenya131 , concerning an individual who was arrested and detained without trial and subsequently forced to flee the country for fear of persecution based 09,.,h•sfuoli~al opinions, and in Rights International v. Nigeria 132 , concerning an ingi~ £1Ji~t~h'~ /,/ ,~ _ _4,- // -c..- ,, ;' .« s~ 130 See, General Comment No.5 on the African Charter on Human and Peoples' Rights: The Right jQ :Free om df~ovlmen and Residence adopted in 2019. - 't AU UA 131 Communication 232/99 John 0. Ouko v. Kenya, para 31. = ~.s-,,, ~,s / 0 132 Communication 215/98 Rights International v. Nigeria, paras 30-31. <; "- 4•R,c;..,r;'<-""' ':?.:,~ 'O•.. - nl v ./ • ·•"£ E1 01:~ • 38 129 Communication 476/14- Magdy Moustafa El Baghdady v, The Sudan, para.161. J]