there is provision in the law for the remedy of habeas corpus. The Complainant in response submits that while he never contested that habeas corpus exists under Sudanese law, the Complainant had argued that the legal framework under which he was arrested, namely the Emergency and Protection of Public Safety Act, did not provide for habeas corpus, permitting preventative arrest and detention without judicial oversight, and thus that there is no effective remedy available for arbitrary arrest and detention in the Complainant's case. 90. The Commission notes that its jurisprudence to which the Complainant referred which found that domestic remedies did not have to be exhausted in cases where habeas corpus was not available, were cases in which the Victims were held in detention without access to lawyers at the time when the Complaint was submitted to the Commission. 21 Since in the current case the Complainant had been released and had been present in his country for two months thereafter, the circumstances are completely different from the above scenario. Thus the argument in relation to habeas corpus does not apply in the current case, as the Complainant had the possibility, following his release, to exhaust local remedies in other ways, which will be assessed below. For this reason, the Commission finds that this argument does not prove that it was not necessary/ possible to exhaust local remedies. 91. The Complainant raises a second argument, namely that there is no effective and sufficient remedy to challenge the human rights abuses of the NISS/police, 22 as "no civil or c"Timinal procedures may be brought against a member or association unless upon the approval of the Director [of the NISS]," that there is no way for an individual to petition the Sudanese courts to compel the Director of the NISS to lift the immunities of his officers and that there is no way for a person or court to initiate a judicial review of a decision not to lift immunities. 92. In response, the State submits that ill-treatment during detention or custody is prohibited and criminalised, and that the police immunity referred to in the Complaint is procedural only and does not extend to unauthorised or unlawful acts, and thus that it is common practice to lift such immunities in cases of violations of human rights, noting that more than 300 instances of lifting of immunities of police and NISS members took place in the last two years. The State in addition submits that the judicial system of Sudan is easily accessible, effective and independent. 21 See Communication 153/96 - Constitutional Rights Project v Nigeria:... , ~=---: the State that the that this does not 22 The latter was added in the further observations following Complainant was in fact arrested by the police. However the ~ change the fac:ts as the same immunities apply to NISS and l~lice 0 ~(" u ~ ( w i O ,ii '¾ ' "A ~ . cl ~" ~ C ; _:· ~ ~· \\ ..(~~"v.q.RICAll'l~~'<-~;«..-, • AU-UA ~"7£: ET Or.S l"~--J ~ - 20 I Page