c, fJ 6�tLE� p.CHl>Jl Human Rights our <umr.' � Human and Peoples' Rights Collective Responsibility inappropriate, and fundamentally incompatible with the principle of due process. 88. The Complainant asserted that he, despite being informed in general terms of suspicion related to inciting revolution using telecommunication materials and being labeled as a British or Israeli spy, was not officially notified of the specific reasons for his arrest. The Complainant emphasized that he was denied the right to know the precise grounds for his arrest, which violates his right to be informed promptly and in detail of the charges against him. 89. Additionally, the Complainant contended that he was denied the right to contact his family, lawyer, and relevant diplomatic and consular representatives, alleging that the arrest and subsequent treatment violates Article 6 of the African Charter. Alleged violation of Article 7 of the African Charter (Right to a Fair Trial) 90. The Complainant asserted that he was denied access to a lawyer throughout his detention and was not brought before a court. This resulted in him being held incommunicado for 71 to 78 days, which, according to the Complainant, constitutes a violation of his right to a fair trial. He asserted that the denial of legal representation and the absence of a timely judicial review deprived him of the opportunity to challenge the lawfulness of his detention and present his case before a competent tribunal. 9 1 . The Complainant also asserted that Article 51(2) of the NSA of 2010 states that individuals arrested or in custody have the right to notify their family, mother, or employer about their detention. They can also communicate with their family or advocate, provided it does not hinder the interrogation, inquiry, or investigation progress. However, the Complainant argued that this provision only grants access to a lawyer or family under certain conditions. Access is permitted if it does not impede the ongoing interrogation, inquiry, and investigation processes. Consequently, the NISS appears to possess unrestricted discretion to deny access when deemed detrimental to the investigation. The Complaint further contended that this practice v · ��:::--..... �1� 4 Article 7(1) of the African Charter, which guarantees unconditional r"'o� <-'"-e, 0 "' lawyer for defense purposes. 1 ��i .., I o ' <t Alleged violation of Article 14 of the African Charter (Right to Property � � (") &. 0 20 ------H·--c-----lJA ------------ ----------- Afri�n (f: ·-;� Union \m;/J. /\J1 Organ or (he i "' o ';> African Commission � H:'M&l D� ,.,4t wt'"<- <i" 31 Bijilo Annex o�,.KomlSlrNor� ct, v41 f.':, West a,;:���� Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/achpr.au.int/0 0 a

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