party cannot justify violations of the African Charter by relying on the limitation under article 6 of the Charter. The respondent state is required to convince the Commission that the measures or conditions it had put in place were in compliance with article 6 of the Charter.”30 In Amnesty International and Others v. Sudan, the Commission stated “Article 6 must be interpreted in such a way as to permit arrests and detention only in the exercise of powers normally granted to the security forces in a democratic society.”31 Competent authorities should not enact provisions which limit the exercise of rights and freedoms. 104. The most appropriate manner to ensure the respect of Article 6 is to allow for a judicial review of any arrest and detention by independent and impartial courts. Principle 35 of the Guidelines on the Conditions of Arrest, Police Custody and PreTrial detention in Africa, adopted by the Commission during its 55th Ordinary Session in Luanda, Angola, from 28 April to 12 May 2014, 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.” 105. Such a right would be ineffective if the decision of the judicial authority was not binding on the executive, and for this reason, Principle 35 of the Guidelines further states: “If the judicial authority decides that the detention is unlawful, individuals have the right to release without delay.” 106. The Commission would also like to recall Principle 4(a) of the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, adopted by the Commission at the 33rd Ordinary Session, held in Niamey, Niger, from 15 to 29 May 2003: 32 “The independence of judicial bodies and judicial officers shall be guaranteed by the constitution and laws of the country and respected by the government, its agencies and authorities.” The Executive and the Legislature must respect and abide by the judgements and decisions of the Judiciary, even when they do not agree with them. “Such respect for the judicial authority is indispensable for the maintenance of the rule of law, including respect for human rights standards, and all branches of Government and all State institutions have a duty to prevent any erosion of this independent decision-making authority of the Judiciary.”33 107. The Commission agrees with the Respondent State that the right to personal liberty does not grant complete freedom from arrest or detention. Deprivation of liberty is a legitimate form of state control over persons within its jurisdiction. Instead, the right to personal liberty acts as a substantive guarantee that any arrest or detention will not be unlawful or arbitrary. In Rafael Marques de Morais (represented by the Open 30 Communication 266/03: Gunme v Cameroon (2009) ACHPR para 118 Supra note 3, para 59 32 http://www.achpr.org/files/activity-reports/17/achpr34and35_actrep17_20032004_eng.pdf 33 Office of the High Commissioner for Human Rights & International Bar Association, Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers (2003) 121 31 18