Human Rights our Collective Responsibility that the existence of conflict or war cannot be used as a justification by a State Party for violation of the provisions of the African Charter.s' 141. In the present case, the Respondent State did not file any submissions in response to the Complainants' allegations that its national security agencies carried out arrests, detention, and enforced disappearances of persons who are either members of the Nuba ethnic group or perceived to be SPLM/ A - North sympathizers. In the absence of any concrete steps on the part of the State to bring the victims of arrests, detention and enforced disappearances to court several days, months or, sometimes, indefinitely after the fact, or to allow them access to their legal representatives, the African Commission is persuaded to conclude that there is no reasonable justification for these violations. Arrests and detentions which are carried out without recourse to due process of law amount to arbitrariness. 142. As such, the Commission finds that the arrests, detention and enforced disappearances of civilians in South Kordofan and Blue Nile were unjustified and amount to a violation of Article 6 of the African Charter. Alleged violation of Article 7(1)(a) of the African Charter 143. The Complainants alleged that the Respondent State failed to provide the victims of human rights violations with access to justice in violation of Article 7(1)(a) of the African Charter. 144. Article 7(1)(a) provides that: Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts violating his fundamental rights as recognised and guaranteed by conventions, laws, regulation and customs in force; 145. Article 7(1)(a) of the African Charter guarantees the right of fair trial and effective remedies to everyone. States have an obligation under the African Charter to ensure that anyone whose rights have been violated has an effective remedy by an appropriate judicial body.w 146. In amplifying the right to fair trial and effective remedy under the African Charter, the Commission notes, in the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, that everyone has the right to an effective An Organ 0' ttl(;' Afriqan C "";)1 Union "".~