Considering the close interaction between this alleged impartiality and the continued pre-trial detention, the Commission decides to do a joint consideration with the alleged violation of Article 6 of the Charter. Violation of Article 6 118. Article 6 of the African Charter stipulates that: “Every 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.” From the facts of this Communication, it appears to the Commission that the following questions have to be answered regarding the alleged violation of Article 6 of the Charter: was the Complainant’s detention based on and continued under conditions previously laid down by law? Were the length of the pre-trial detention and the refusal to implement a release decision reasonable or were they arbitrary? 119. In general, the Commission considers as arbitrary, a prolonged detention without trial. The Commission held this position in the case of Ouko v. Kenya where the Complainant had been detained for ten (10) months without trial.33 Detention for an indefinite period of time was also considered as a violation of Article 6 of the Charter in the case of Free Legal Assistance Group and Others v. Zaïre.34 120. Regarding the grounds for and conditions of detention, in the case of Chambala v. Zambia, the UN Human Rights Committee considered as arbitrary a detention for a period of twenty-two (22) months without any grounds for detention.35 See Ouko v. Kenya Communication 232/99 (2000) AHRLR 135 (ACHPR 2000) paras 20-21. Communications 25/89, 47/90, 56/91 and 100/93 (2000) AHRLR 74 (ACHPR 1995) para 42. 35 See Chambala v. Zambia Communication 856/1999 (2003) ARHLR 27 (HRC 2003) para 7.2. 33 34 35