security forces in a democratic society."81 Competent authorities should not be able to negate the rights conferred upon individuals by the Charter and guaranteed by international human rights standards. The clause therefore constitutes a reference to international law, as such, only restrictions on rights which are consistent with the African Charter and with States Parties' international obligations should be enacted by the relevant national authorities.82 155.The Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa (the Luanda Guidelines) expounds on the obligation of States and the procedural standards to be adopted with regards to arrests, police custody and pre-trial detention. Accordingly, Principle 4 provides for rights which must be afforded persons under arrest, these include amongst others: the right to be informed of the reasons for their arrest and any charges against them; the right of access without delay to a lawyer of his or her choice; the right to apply for release on bail or bond pending investigation or questioning by an investigating authority and/ or appearance in court; the right to challenge promptly the lawfulness of their arrest before a competent judicial authority; and the right to freely access complaints and oversight mechanisms.83 Further, Principle 35 of the Luanda Guidelines provides that "All persons in police custody and pre-trial detention shall have the right, either personally or through their representative, to take proceedings before a judicial authority, without delay, in order to have the legality of their detention reviewed. If the judicial authority decides that the detention is unlawful, individuals have the right to release without delay ."84 156. The Commission observes that pursuant to the Emergency and Protection of Public Safety Act of 1997 (Act No. 11998), the President of the Republic of the Sudan may issue a declaration of a state of emergency all over Sudan or in any part of it. 85 Subsequent to the declaration, a competent authority may arrest persons suspected of participating in crimes related to the declaration. 86 Section 79 of the Criminal Procedure Code of the Republic of the Sudan (2003) provides that, a person arrested by the police may remain in detention for a period not exceeding twenty-four (24) hours, this may be renewed by the Prosecution Attorney for a period not exceeding three (3) days, and upon the report of the