2. Whether the actions of the Defendants Agents in re arresting and detaining the
Applicant without charge as they did is unlawful and a violation of Applicants
rights as provided under Article 6 of the African Charter, Article 9 of the
International Covenant on Civil and Political Rights and Articles 3 and 13 of the
Universal Declaration of Human Rights.
The right to enjoy respect for their liberty and security by all human beings is
recognized by law. It is axiomatic that without an efficient guarantee of the liberty
and security of the human person, the protection of other individual rights is
vulnerable and illusory. Despite this recognition, arrest and detention without
reasonable cause and devoid of legal remedies to victims are common place in
most jurisdictions, the world over.
In the course of such arbitrary arrests and deprivation of liberty, the victims are
also deprived access both to their lawyers, their own families and subjected to
torture and other forms of degrading and in human treatment.
Article 9(1) of the International Covenant on Civil and Political Rights and
Article 6 of the African Charter on Human and Peoples ‘Rights (the relevant
International Instrument for the determination of this case) guaranteed a person’s
right to personal liberty and security. The diction of the International Court of
Justice (ICJ) in the Hostages in Teheran case (America vs. Iran) ICJ REP (1980)
p. 42 para.91 is instructive viz:
“Wrongfully to deprive human beings of their freedom and to subject
them to physical and constraint in conditions of hardship is in itself
incompatible with the principle of the Charter of the United Nations, as
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