(it~)ACHPR . African Commission on Human Rights our Collective Responsibility "m:r.*~ Human and Peoples' Rights 136. In the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, the Commission affirms in relation to the obligation of State Parties under Article 6 of the African Charter 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 laui and by competent officials or persons authorised for that purpose, pursuant to a warrant, on reasonable suspicion or for probable cause. 137. This means that the security personnel in the Respondent State must refrain from arresting, detaining, or imprisoning individuals or groups in flagrant disregard of due process of law or without legal justification. In Article 19 case, the Commission noted that while arrests and detention may be legal according to domestic law, it will be arbitrary and therefore unlawful if it is inappropriate, unreasonable, unjustified and unpredictable.f 138. In the present case, the SAF and NISS arrested large numbers of members of the Nuba ethnic group, SPLM political and civil society activists, civilians believed to support the SPLM/ A-North, UN personnel and journalists. The arrests and detention were made primarily on the basis of the individuals' perceived opposition to the government rather than on the ground of reasonable and justifiable suspicion against them, in violation of Sudanese laws. In the absence of any due process of law being followed in the arrests and detention of civilians in South Kordofan and Blue Nile and given the lack of any reasonable or justifiable explanation by the Respondent State, the Commission finds that the arrests and detention were arbitrary and in violation of Article 6. 139. It is also pertinent to emphasise that the existence of conflict in the two affected regions of the Respondent State does not justify any arbitrary measures adopted by the military and intelligence authorities in the Respondent State. This is especially so considering that due to the violent acts of the Respondent State's authorities, about 695, 000 people have been displaced internally as of August 2013,while 225, 000 were living in refugee camps in Ethiopia or South Sudan. 140. In the Article 19 case, the Commission citing with approval the decision of the UN Human Rights Committee in the case of Albert Mukong u Cameroon=, noted 41 Article 19 case (n 32 above) para 93. 42 Communication No. 458/1991 10 August 1994. 28 All 0<9"" of th. AfriGan (' :~1 Union 'M'~ https:/achpr.au.lnVO 0 a