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inappropriate, and fundamentally incompatible with the principle of due
process.
88. The Complainant asserted that he, despite being informed in general terms of
suspicion related to inciting revolution using telecommunication materials and
being labeled as a British or Israeli spy, was not officially notified of the specific
reasons for his arrest. The Complainant emphasized that he was denied the
right to know the precise grounds for his arrest, which violates his right to be
informed promptly and in detail of the charges against him.
89. Additionally, the Complainant contended that he was denied the right to
contact his family, lawyer, and relevant diplomatic and consular
representatives, alleging that the arrest and subsequent treatment violates
Article 6 of the African Charter.
Alleged violation of Article 7 of the African Charter (Right to a Fair Trial)
90. The Complainant asserted that he was denied access to a lawyer throughout
his detention and was not brought before a court. This resulted in him being
held incommunicado for 71 to 78 days, which, according to the Complainant,
constitutes a violation of his right to a fair trial. He asserted that the denial of
legal representation and the absence of a timely judicial review deprived him
of the opportunity to challenge the lawfulness of his detention and present his
case before a competent tribunal.
9 1 . The Complainant also asserted that Article 51(2) of the NSA of 2010 states that
individuals arrested or in custody have the right to notify their family, mother,
or employer about their detention. They can also communicate with their
family or advocate, provided it does not hinder the interrogation, inquiry, or
investigation progress. However, the Complainant argued that this provision
only grants access to a lawyer or family under certain conditions. Access is
permitted if it does not impede the ongoing interrogation, inquiry, and
investigation processes. Consequently, the NISS appears to possess
unrestricted discretion to deny access when deemed detrimental to the
investigation. The Complaint further contended that this practice v
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Alleged violation of Article 14 of the African Charter (Right to Property �
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