106. By applying norms of international human rights law, the Commission has previously found, and finds in this case, that the imprisonment of journalists “deprives not only the journalists of their rights to freely express and disseminate their opinions, but also the public, of the right to information. This 37 action is a breach of the provisions of Article 9 of the Charter.” 107. Moreover, banning the entire private press on the grounds that it constitutes a threat to the incumbent government is a violation of the right to freedom of expression, and is the type of action that Article 9 is intended to proscribe. A free press is one of the tenets of a democratic society, and a valuable check on potential excesses by government. 108. No political situation justifies the wholesale violation of human rights; indeed general restrictions on rights such as the right to free expression and to freedom from arbitrary arrest and detention serve only to undermine public confidence in the rule of law and will often increase, rather than prevent, agitation within a State. The Commission draws on the findings of the UN Human Rights Committee: The legitimate objective of safeguarding and indeed strengthening national unity under difficult political circumstances cannot be achieved by attempting to muzzle advocacy of multi-party democracy, 38 democratic tenets and human rights. Holding For the reasons given above the Commission: Holds a violation of Articles 1, 5, 6, 7(1), 9, and 18 by the State of Eritrea; Urges the government of Eritrea to release or to bring to a speedy and fair trial the 18 journalists detained since September 2001, and to lift the ban on the press; Recommends that the detainees be granted immediate access to their families and legal representatives; and Recommends that the government of Eritrea takes appropriate measures to ensure payment of compensation to the detainees. Footnotes 1. See Article 56 of the African Charter on Human and Peoples’ Rights. 2. See African Commission Information Sheet No. 3 Communication Procedure. 3. Communication Nos. 147/95 and 149/96 Sir Dawda K Jawara/The Gambia, African Commission on Human and Peoples’ Rights 4. Inter-American Court of Human Rights, Case of Velásquez Rodríguez, Judgment of July 29, 1988, para. 63. 5. See Article 17 (1): “No person may be arrested or detained save pursuant to due process of law. (3) Every person arrested or detained shall be informed of the grounds for his arrest or detention and the rights he has in connection with his arrest or detention in a language he understands. (4) Every person who is arrested and detained in custody shall be brought before the court within forty-eight (48) hours of his arrest, and if this is not reasonably possible, as soon as possible thereafter, and no such person shall be detained in custody beyond such period without the authority of the court. (5) Every person shall have the right to petition the court for a Writ of Habeas Corpus. Where the arresting officer fails to bring him before the court of law and provide the reason for their arrest, the court shall accept the petition and order the release of the prisoner.” 6. Article 52 (1) of the Eritrean Constitution. 7. Adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders th th held at Milan from 26 August to 6 September 1985 and endorsed by General Assembly Resolutions 40/32 of th th 29 November 1985 and 40/146 of 13 December 1985. 8. IBA Minimum Standards of Judicial Independence (Adopted 1982). 9. Communication No. 560/1993, UN Doc CCPR/C/59/D/560/1993 (1997). 10. See also L Emil Kaaber v Iceland, Communication No. 674/1995. UN Doc. CCPR/C/58/D/674/1995 (1996). See also [url= http://www1.umn.edu/humanrts/undocs/910-2000.html] [i]Ati Antoine Randolph v. Togo, Communication No. 910/2000[/url], UN Doc. CCPR/C/79/D/910/2000 (2003). 11. Harris v. Nelson, 394 US 286, 290-91 (1969). 12. Comité culturel pour la démocratie au Bénin/Benin, 1988. Communication 16/88 concerns the arrest of students, workers and pupils and their detention without trial (some for several months), during which they were tortured and maltreated. 13. Free Legal Assistance Group, Lawyers' Committee for Human Rights, Union interafricaine des droits de l'Homme, Les témoins de Jehovah / Zaire, (ACHPR). Comm. 25/89 alleges the torture of 15 persons by a Military th th Unit, on or about 19 January 1989, in Kinsuka near the Zaire River. On 19 April 1989 when several people protested their treatment, they were detained and held indefinitely. Comm. 47/90 alleges arbitrary arrests, arbitrary detentions, torture, extra-judicial executions, unfair trials, severe restrictions placed on the right to association and peaceful assembly, and suppression of the freedom of the Press. Comm. 56/91 alleges the