ACHPR African Commission on Human and Peoples' Rights Human Riqhts our Collective Responsibility (ii) Alleged violation of the prohibition of torture (Article 5 of the African Charter) 70. The Complainants submitted that the Respondent State is responsible for torture, ill-treatment, rape and sexual violence committed by various forces of the Respondent State in violation of Article 5 of the African Charter. 71. The Complainants also argued that the forced evictions, the destruction of homes and the poor living conditions endured by thousands of civilians as a result of forced displacement constitute ill-treatment in violation of Article 5 of the African Charter.P (iii) Alleged violation of the right to liberty and security (Article 6 of the African Charter) 72. The Complainants submitted that the arrests of many civiliarts, especially members of the Nuba ethnic group and others believed to be SPLMj A-North sympathisers, as well as UN peacekeepers and journalists, were arbitrary and constitute a violation of the right to security of the person guaranteed under Article 6 of the African Charter. 73. The Complainants argued that 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 SPLMj A-North, UN personnel and journalists. 74. The Complainants further submitted that the SAF and other forces failed to inform individuals of the reason for their arrest, refused to charge those detained, and neglected to grant them access to a lawyer and to their families. 75. The Complainants emphasized that those arrested and detained have not been able to challenge their arrest or detention before a judicial officer or judge. 76. The Complainants submitted that not only have the Respondent State's forces committed, and continue to commit, a wide range of human rights violations against civilians in the context of the conflict in South Kordofan and Blue Nile, but also that the Respondent State failed to take any steps to protect the physical integrity of its citizens, in violation of Article 6. (iv) Alleged violation of the right to a remedy (Article 7(1)(a) of the African Charter) 77. The Complainants submitted that the Respondent State failed to provide victims of the alleged human rights violations with access to justice in violation of Article Communication 224/98 - Media Rights Agenda v Nigeria, para.71; Communication Modise v Botswana, para. 92. . 24 16 An Organ of the AfriGan~~" UnIOn~".1i~~ https:/achpr.au.inUO (; D

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