;· r) 6�!jE'aB r Human s;ghts ou, Human and Peoples' Rights Collective Respons,bihty 78 days of his detention, no criminal charges were brought against him, indicating a lack of sufficient prima facie evidence or reasonable suspicion of his involvement in any offense. Furthermore, the Complainant contends that his deprivation of liberty, primarily based on his perceived opposition to the regime, along with how he was arrested and detained, renders the situation unjust, inappropriate, and fundamentally incompatible with the principle of due process. �<m»:(• . 138. In the case of Patrick Okiring and Agupio Samson (represented by Human Rights Network and ISIS-WICCE) v. Republic of Uganda, the Commission held that the right to liberty functions as a significant safeguard, ensuring that every arrest or detention is conducted in a manner that is neither unlawful nor arbitrary. 42 139. The Commission has also held that the right to liberty is a significant guarantee that any arrest or detention should not be unlawful or arbitrary.43 Therefore, any deprivation of liberty that occurs without due process, the legal safeguards of a fair trial, or for unacceptable or arbitrary reasons constitutes a violation of Article 6 of the African Charter. The Commission affirms that the right to liberty entails more than just physical freedom - it encompasses the fundamental principle that individuals should not be subjected to arbitrary or unlawful deprivation of their liberty. The right to liberty includes the right to due process and fair treatment in accordance with the law. 44 140. Therefore, any act depriving individuals of their liberty without proper legal justification or violating their right to a fair trial violates Article 6 of the African Charter. The Commission's stance emphasizes the critical importance of upholding the principles of due process, fair trial, and non-arbitrary detention to protect individuals' rights to liberty and shield them from unlawful or arbitrary deprivation of their freedom. 141. Moreover, the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa further underscore the obligations of State Parties 42 Communication 339/2007 - Patrick Okiring and Agupio Samson (represented by Human Rights Network and ISIS­ WICCE) v. Republic of Uganda para 107. 43 In the case of Patrick Okiring and Agupio Samson (represented by Human Rights Network and ISi of Uganda, 44 Communication 339/2007 - Patrick Okiring and Agupio Samson (represented by Human Rights N WICCE) v. Republic of Uganda para 107. 44 Communication 379/09 - Monim Elgak, Osman Hummeida and Amir Suliman (represented by Fl para 103. An O!gan orlhe Afriqan c,)) Union -,,,;f 32 African Com 31 Bijilo n ghts �11:tl::::!�� istrict, West Coast Region, The Gambia Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/achpr.au.int/0 0 a