ACHPR African Commission on Human and Peoples' Rights Human Ri(Jhts our Collective Responsibility Article 5, both in respect of the right of the person forcibly disappeared and that of their family members. In the Mouvement Burkinabe case.'? the Commission not only noted that the enforced disappearances of political opponents constituted a violation of Article 5, but also held that: Article 5 of the Charter guarantees respect for the dignity inherent in the human person and the recognition of his legal status. This text further prohibits all forms of exploitation and degradation of man, particularly slaoerq, slave trade, torture cruel, inhuman or degrading punishment and treatment. The guarantee of the physical integrity and securitv of the person is also enshrined hi 'Article 6 of the African Charter, as well as in the Declaration on the Protection of all Persons against Forced Disappearances, adopted by the General Assembly of the United Nations in Resolution 47/133 of 18th December 1992, which stipulates in article 1(2) that "any act leading to forced disappearance excludes the victimfrqm the prot~~tion of the law and causes grave suffering to the victim and his family. It constitutes a violation of the rules of international law, especially those that guarantee to all the right to the recognition of their legal status, the right to freedom and security of their person and the right not be subjected to torture or any other inhuman or degrading punishment or treatment. It also violates the right to life or seriously imperils it. 124. The Complainants have submitted that during the first months of the conflict in South Kordofan, between June 2011 and November 2012, the SAF and other security services of the Respondent State carried out arbitrary arrests, detention, torture and enforced disappearances and in the process subjected members of the Nuba ethnic group in South Kordofan and Blue Nile to beatings and kicking, rape and other forms of sexual violence, destruction of properties, forced evictions and displacement in violation of Article 5 of the African Charter. 125. In particular, the Complainants listed specific violations of Article 5 to include: the detention in June 2011 of four UN Peacekeepers and subjecting them to a mock firing squad; the detention in June 2011of an Al Jazeera TV team, who were beaten with Rifle butts and threatened to be killed at the Security Authority Headquarters and a police station; the arbitrary arrests in June 2011 of over a hundred civilians in and around Kadugli, some of whom were reportedly tortured before being transferred to Khartoum; the arrest and detention on 20 June 2011 of a young Nubian woman, who was interrogated about her work with an international NGO while being beaten with fists, sticks, rubber hoses, and electric wires; the arrest, detention and torture in December 2011 by the NISS of three young men (Musa All Orgi(rJ 01the African k:" "'~ · 1.; )J Uruon ''';,J,;:;I https:/achpr.au,inVO 0 III

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