ACHPR African Commission on Human and Peoples' Rights Human r,ights our Collective Hesponsibilitv ago, and the third Communication decided in 2016, was dismissed the legal and factual issues advanced in one of the two earlier Communications. Indeed, in Article 19 v. Eritrea, the Commission provides ample safeguards charge or trial including Accordingly, held that the Eritrean Constitution against persons who are arrested and detained without the right to petition the court for a writ of Habeas Corpus. the Commission to at least attempt for re-litigating held that it was incumbent to exhaust domestic remedies on those Complainants notwithstanding their claims that doing so would be futile?'. 56. The above notwithstanding, Communications arguments the admissible. adduced The Commission by the Complainants infer from the circumstances ineffective=. detention Commission engender the above that even though the case that domestic the ongoing remedies were incommunicado State's positive obligation the Commission declared that when a person is being held in detention and accused of committing Member State, through promptly before.a its appropriate competent reasoned held that cases alleging the Respondent process of law. Accordingly, declared were not sufficient, it could nevertheless surrounding The Commission still to afford a crime, it is the responsibility judicial bodies, to bring due of the the person court of law ,to enable him or her to be tried-". Further, if it is shown that the State had ample notice, even if not within the context of domestic remedies, and is expected 57, This positive the State may still be said to have been properly to take appropriate obligation steps to remedy the alleged violation-s. arises because incommunicado detention or interrogation 'prolonged incommunicado to be a form Accordingly, without due process safeguards'. of cruel, detention inhuman punishment in Article 19 v. Eritrea specifically, the Commission victims incommunicado for over three years demonstrates due process of the law and in particular, further Additionally, and/ or solitary confinement or degrading a and by itself, could be held treatment'<. found that holding a prima facie violation Article 7 of the African Charter. that, by not taking any action to remedy months after the Commission 'constitutes such as torture or ill- gross human rights violation that can lead to other violations treatment informed the situation of It held more than twelve had been seized of the matter, the State had failed to