25. Principle 1 provides: All persons under any form of detention or imprisonment shall be treated in a humane manner and with respect for the inherent dignity of the human person. Principle 6 on the other hand states: No person under any form of detention or imprisonment shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. No circumstance whatever may be invoked as a justification for torture or other cruel, inhuman or degrading treatment or punishment. 26. Although the Complainant has claimed a violation of his right to freedom from torture, he has not substantiated this claim. In the absence of such information, the Commission cannot find a violation as alleged. 27. The Complainant alleges that he was forced to flee his country because of his political opinions. He details some of the events that led to his strained relationship with the government. Article 9 of the African Charter provides: 1. 2. Every individual shall have the right to receive information. 3. Every individual shall have the right to express and disseminate his opinions within the law. 28. The above provision guarantees to every individual the right to free expression, within the confines of the law. Implicit in this is that if such opinions are contrary to laid down laws, the affected individual or government has the right to seek redress in a court of law. Herein lies the essence of the law of defamation. This procedure has not been followed in this particular instance. Rather, the government has opted to arrest and detain the Complainant without trial and to subject him to a series of inhuman and degrading treatments. The Commission finds this in violation of Article 9 of the Charter. 29. The Complainant claims that being a victim of political persecution, he has been deprived of his right to freedom of association guaranteed by Article 10 of the Charter. The Commission notes that the complainant was a Students' Union leader before fleeing the country. 30. The State Party concerned has not refuted this fact. The Commission therefore finds the persecution of the Complainant and his subsequent flight to the Democratic Republic of the Congo to have greatly jeopardised his chances of enjoying his right to freedom of association guaranteed under Article 10 of the Charter. Article 10 (2) states: Every individual shall have the right to free association provided that he abides by the law. 31. The Complainant claims that his rights to freedom of movement and to egress and ingress have been violated. Taking the circumstances of the case into consideration, the Commission finds this claim to have been substantiated and therefore finds the respondent state in violation of Article 12 of the Charter, which provides: 1. 2. Every individual shall have the right to freedom of movement and residence within the borders of a state provided he abides by the law. 3. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. For these reasons, the Commission Holds a violation of Articles 5 , 6 , 9 , 10 and 12(1) and (2) of the African Charter on Human and Peoples' 3