defence, including the right to be defended by counsel of his choice and the right to be tried within a reasonable time by an impartial court or tribunal. From the evidence of PW1, the plaintiff has been denied the right to have his cause heard by an impartial court or tribunal as the defendant has failed to put him before such a competent impartial court or tribunal for his guilt or innocence to be established. 22. The plaintiff was arrested on 11 July 2006 and has since been detained without trial and no criminal offence known to the law of the Republic of The Gambia has been levelled against him for a period exceeding one year. Holding a person for over a year without trial will be an unreasonable period unless proper and distinct justification is provided. 23. From the foregoing, it is clear that the arrest and detention of the plaintiff is contrary to the rules enshrined in Articles 6 and 7(1) of the African Charter on Human and Peoples’ Rights. Issue 2: Whether the plaintiff is entitled to have his human rights to the dignity of the person, personal liberty and freedom of movement restored 24. The fundamental human rights of the individual have been guaranteed by various human rights instruments. Among the core rights guaranteed by these various human rights instruments, including the African Charter on Human and Peoples’ Rights are the right to life and the integrity of the person, personal liberty, freedom from torture and other inhuman and degrading treatment and the right to political or any other opinion. 25. Article 2 of the African Charter on Human and Peoples’ Rights affirms the recognition and protection of the basic rights of the individual. Article 2 states that Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status. 26. Article 6 of the African Charter on Human and Peoples’ Rights clearly states that the individual shall have the right to his liberty and personal freedom, with the proviso that that right may only be limited or restricted for reasons and conditions previously laid down by law. It is clear from the provisions of article 6 of the African Charter on Human and Peoples’ Rights that there is a presumption of innocence in favour of the liberty of the individual. Therefore, any infringement on the liberty of the individual must clearly be in conformity with reasons and conditions previously laid down by law, otherwise any such deprivation or limitation of the liberty of the individual cannot be sustained. 27. From the facts of the present application, which facts have not been disputed, the plaintiff was arrested without a warrant of arrest. The reason for the arrest of the plaintiff has not been communicated to him. He has been detained since his arrest without any criminal charges being levelled against him. He has not been arraigned before any court of competent jurisdiction in order to ascertain his guilt or innocence. This is clearly contrary to the provisions of articles 2 and 6 of the African Charter on Human and Peoples’ Rights which dictate that every individual, regardless of race, ethnic group, colour, sex, religion, political opinion or other like distinction shall have the right to liberty and to the security of his person in the absence of any reasons and conditions previously laid down by law. 28. The defendant refused to appear to defend this claim. Since the defendant has failed to establish that the arrest and detention of the plaintiff was in accord with the provisions of any previously laid down law, the plaintiff is entitled to the restoration of his personal liberty and the security of his person. Issue 3: Whether the plaintiff is entitled to monetary compensation in the sum of US$ 5 000 000 29. Compensation that is given to a party that has been wronged in a legal action is referred to as damages. Generally speaking, there are three kinds of damages: special damages, general damages, and punitive damages. Special damages are the enumerable or quantifiable monetary costs or losses suffered by the plaintiff. For example, medical costs, repair or replacement of damages property, lost wages, lost earning potential, loss of business, loss of irreplaceable items, loss of support, etc. Special damages have to be specifically pleaded and proved in order for them to be awarded. This is compensation for losses that can easily be quantified and proved. The loss of a plaintiff’s income as a result of an unlawful detention for instance can easily be proved and claimed accordingly as a special damage. Where the amount claimed for damages is quantified in the claim, the plaintiff is required to introduce facts to justify it. However, the plaintiff failed to plead and prove any ground under which the amount ought to be awarded. In the absence of any proven losses which will justify the award of special damages, no special damages will be awarded the plaintiff.