257. To conclude, the Commission finds a violation of Article 5 of the African Charter due to: the Victim’s abuse, conditions of detention and incommunicado detention; the Respondent State’s failure to conduct prompt, impartial and effective investigation into the allegations of torture; and shortcomings in the legislative framework of the Respondent State including the absence of a definition of torture that is compliant with UNCAT, appropriate sanctions for acts of illtreatment, and restrictions on the right to redress for victims of torture when the alleged perpetrator is a public official. Alleged violation of Article 6 258. The Complainants allege that the detention of the Victim was arbitrary and unlawful in violation of Article 6 of the African Charter, which states that “[e]very 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.” 259. The Complainants contend that the Respondent State violated Article 6 of the African Charter in the following regards: i. Detention was not in accordance with law ii. Detention was arbitrary a. Detention not under the control of effective judicial authority b. Detention was unjust and not based on any predictable legal regime i. Whether the detention was in accordance with law 260. The Complainants submit that since July 1997, the Victim obtained at least 15 court orders for his release, but that he was never actually released. The Complainants allege that the Victim was instead transferred to a different site where he was held illegally until a new detention order was issued by the Minister of Interior. The Respondent State argues that the release orders were implemented and the Victim was released, but that he was rearrested each time because of his continued threat to the peace and security of the state. 261. To prove their allegations, the Complainants provide the Commission with pleadings before the Courts in 2008 and 2009 requesting implementation of the release orders. The Complainants also highlight reports from the UN Working Group on Arbitrary Detention and other human rights organisations, as well as the 2009 Report of the UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism (the UN Special Rapporteur on Human Rights and Countering Terrorism), in which the Special Rapporteur urged the Government of Egypt to discontinue the renewal of administrative detention when a person has been granted a release order by a court. 41

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