are determined by law. In particular, no one shall be arbitrarily arrested or detained'. 157.The African Commission notes that Article 6 of the African Charter protects two fundamental rights. The first right is composed of several aspects, which can be summarised in two parts: the right not to be detained or imprisoned by public authorities, except for reasons and under conditions prescribed by law, and the right not to have one's freedom restricted or to be confined within a specific space, without reasons and under conditions prescribed by law. 158.The Complainant argues that the Victim was detained for over a year and accused of a number of activities, including some that carry heavy criminal penalties in Sudan, but at no point was he informed of any formal charges against him, and he was eventually released without charge. The Complainant further argued that at no point was the Victim shown a warrant for his arrest or any other document relating to the charges under which he was detained and at no point was it made clear on what evidence or on what grounds he was suspected of having committed an offence, thus the arrest and detention without charge was arbitrary. 159.The African Commission recalls the importance of Article 6 of the African Charter in its Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa (Luanda Guidelines), which state that no one shall be deprived of their liberty except on grounds and in accordance with procedures established by law.108 Also, its Principles and Guidelines on the Right to a Fair Trial provide that States must ensure that no one shall be subject to arbitrary arrest or detention, and that arrest, detention or imprisonment shall only be carried out strictly in accordance with the provisions of the law and by competent officials or persons authorized for that purpose, pursuant to a warrant, on reasonable suspicion or for probable cause.109 160.The African Commission in Patrick Okiring and Agupio Samson (represented by Human Rights Network and ISIS-WICCE) v. Republic of Uganda, held that the right to liberty functions as a significant safeguard, ensuring that every arrest or detention is conducted in a manner that is neither unlawful nor arbitrary. 110 The African Commission echoes its decision in Constitutional Rights Project/Civil Liberties Organisation vs Nigeria, in which it observed that "where individuals are detained without charge, [...] this constitutes an arbitrary deprivation of their liberty and therefore a violation of Article 6 of the African Charter". 161.The above emphasize the critical importance of upholding the principles of due process, fair trial, and non-arbitrary detention to protect individuals' rights to liberty and shield them from unlawful or arbitrary deprivation of their freedom . Accordingly, based on the above, vis a vis the arguments put forth by the Complainant- including the lack of a warrant, information on the reasons for the Victims arrest and the _ ....... t.i.~ ~u ,,,. ,1,,, -.. 0 ~f1,H/14r ,v ~C, 0 ,:,( e 4), \ 1 hit ://www.ach r.or /files/instruments/ uidelines arrest detention/ uidelines on arrest olice cl:lStod etentian, df ..,. J; 109 Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, 2001 , M{1,1 (b) '· _ 1 ; . 110 Comm~nication 339/2007 - Patrick Okiring and Agupio Samson (represented by Human Rights '!jet~ an'ct1s1_ ~-;(v!C FJ v v. Republtc of Uganda para 107. :1 ,, p.LJ .:.:i 108 Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention In Africa, Princip(e>2(aj, &. <..'i' •.,.., .510\ . ••'< •<►HTC.••' '"o•,,1,1r r:1 o-c ~ .::; I v/ 3'3