121.The Complainant further submits that the applicable domestic legislation, i.e. the NSA 2010, itself violates Article 7(1)(c) of the African Charter. The Complainant argues that Article 51 (2) of the NSA 2010 provides that the arrested, detainee or person in custody shall have the right to inform his/her family or employer of his/her detention and shall be allowed to communicate with his/her family or advocate if this does not prejudice the progress of interrogation, enquiry and investigation. The Complainant states that the right to communicate with family members or a lawyer is thus conditional upon the contact not prejudicing the investigation. According to the Complainant, NISS may therefore still hold detainees without contact to the outside world (incommunicado) where it sees fit, as in the Victim's case. Alleged Violation of Article 12(1) and (2) of the African Charter 122.The Complainant states that Article 12(1 ) and (2) of the African Charter stipulate that every individual shall have the right to freedom of movement and residence and the right to leave any country, including his own, and to return to his country. The Complainant cites the African Commission's decision in Rights International v. Nigeria, in which the African Commission held a violation of Article 12 (1) and (2) in the case of an individual who fled his country fearing for his life, after being detained and tortured at a Nigerian military detention camp. In that case, the complainant attested that his plight was based on a well-founded fear of persecution by the Nigerian government, as evidenced by the granting of refugee status to him by two countries i.e. Republic of Benin and the United States. 123.The Complainant submits that in the present Communication, the Victim experienced persecution at the hands of the NISS between 2011 and 2018 based on his outspoken and public condemnation of human rights violations taking place in Darfur. The Victim was detained without charge or being brought before a judge on two occasions in 2011 and 2018 respectively, and tortured whilst in detention. At no point was the Victim informed of any criminal charges against him and prior to his release, the NISS threatened to kill members of his family if he were to return to her home in Darfur. The Complainant avers that after his release in 2011 and in 2018, the Victim was forced to flee the country owing to a well-founded fear of persecution by the Sudanese authorities. This fear of persecution has prevented him from returning to Sudan. The Complainant submits that the Victim's right to freedom of movement and residence, as well as his right to return to his country, guaranteed under Articles 12(1) and (2) of the African Charter, have been violated. Alleged Violation of Article 16 of the African Charter