26 In the respect of Mr. Osman Hummeida. 27 In respect of Mr. Amir Suliman and Mr. Monim Elgak. 28 See the Commission's Resolution on Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa , paras 18 &19 × F. 18. Ensure that whenever persons who claimed to have been or who appear to have been tortured or ill-treated are brought before competent authorities an investigation shall be initiated. 19. Investigations into all allegations of torture or ill-treatment, shall be conducted promptly, impartially and effectively, guided by the UN Manual on the Effective Investigation and Documentation of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (The Istanbul Protocol) . . 29 See the Commission's Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa ; see also the Communication 27/89, 46/91, 49/91, 99/93 Organisation Mondiale Contre La Torture and Association Internationale des juristes Democrates) Commission Internationale des Juristes (C.I.J) Union Interafricaine des Droits de l'Homme/Rwanda 30 See views of the Human Rights Committee in Fongum Gorji-Dinka v. Cameroon, Communication No. 1134/2002, U.N. Doc. CCPR/C/83/D/1134/2002 (2005), para 5.1 × The first issue before the Committee is whether the author's detention from 31 May 1985 to 3 February 1986 was arbitrary. In accordance with the Committee's constant jurisprudence,10 "arbitrariness" is not to be equated with "against the law", but must be interpreted more broadly to include elements of inappropriateness, injustice, lack of predictability and due process of law. This means that remand in custody must not only be lawful but reasonable and necessary in all the circumstances, for example to prevent flight, interference with evidence or the recurrence of crime.11 The State party has not invoked any such elements in the instant case. The Committee further recalls the author's uncontested claim that it was only after his arrest on 31 May 1985 and his re-arrest on 9 June 1985 that President Biya filed criminal charges against him, allegedly without any legal basis and with the intention to influence the outcome of the trial before the Military Tribunal. Against this background, the Committee finds that the author's detention between 31 May 1985 and 3 February 1986 was neither reasonable nor necessary in the circumstances of the case, and thus in violation of article 9, paragraph 1, of the Covenant. , in which a violation of the right to liberty was found on similar facts. 31 Article 9(1) . 32 Article 9 (2) . 33 See also Communications 105/93, 128/94, 130/94 and 152/96 - Constitutional Rights Project, Civil Liberties Organization and Media Rights Agenda v Nigeria . 34 Communication 225/98 - Huri Laws v Nigeria , (2001) ACHPR, 14th Activity Report 35 Communication 212/98 - Amnesty International v Zambia (1999) ACHPR, 12th Activity Report 36 Communication 232/99 - John D Ouko v Kenya (2001) ACHPR, 14th Activity Report. 37 Communication 279/05 (sic!) - 296/05 - Sudan Human Rights Organization and Center on Housing Rights and Evictions v Sudan (2010) ACHPR, 28th Activity Report 38 See para 58 of the Guidelines 39 Communication 284/03 - ZLHR &Associated Newspapers of Zimbabwe v Zimbabwe (2009) ACHPR 40 See ECOSOC Guidelines, paras 64 &65 41 Communication 105/93 - 128/94 - 130/94 - 152/96 - Media Rights Agenda &Constitutional Rights Project v Nigeria (1998) ACHPR, para 91 42 See Communication 279/03-296/05 - Sudan Human Rights Organisation &Centre on Housing Rights and Evictions (COHRE) / Sudan (2010) ACHPR, para 227. . 20