force of the African Charter. Consequently, the Commission cannot consider that there was a violation of article 11 as regards this particular case. However, had the indictments constituted a violation of article 11, the detention that ensued from it would have been a violation of article 6, which prohibits arbitrary detention. 110. The presumed supporters of the Ba' ath Arab Socialist Party are equally accused of holding unauthorised meetings. 111. The government did not come up with any element to show that these accusations had any foundation in the “interest of national security, the safety, health, ethics and rights and freedoms of others”, as specified in article 11. Consequently, the Commission considers that there was violation of article 11 in the cases in question in paragraphs 3 and 11. 112. Article 6 of the Charter stipulates that: Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained. 113. There were recurring violations of this article. The indictments and trials of September 1986 (paras. 3,4 and 5) were not in conformity with the provisions of the Charter. All those who were incarcerated in its wake were denied their rights as guaranteed in article 6. The imprisonment resulting from the other cases (paras. 6 and 8), and the two cases from November 1987 (para. 10) as well as the cases against the presumed members of the Ba' ath Arab Socialist Party (para. 11) are arbitrary, for the fact that they were not in conformity with international norms relating to fair trial. 114. The complainants allege that hundreds of people were detained in connection with the 1989 events (para. 15). They allege, further, that a wave of arrests at the end of 1990 resulted in the detention of hundreds of people without charge or trial. According to the complainants, some, and not all, of the detainees were released, adding however that the fate of many people remains unknown. The government did not deny that these arrests and detentions took place, but it maintained that such arbitrary detentions no longer exist. Even if that were the case, it would not annul the previous violations. The Commission considers, therefore, that there was massive violation of article 6. 115. Article 5 of the African Charter prohibits torture, cruel, inhuman or degrading punishment and treatment. This article also stipulates that “Every individual shall have the right to the respect of the dignity inherent in a human being”. All the communications detail instances of torture, and cruel, inhuman and degrading treatments. During their time in custody, the detainees were beaten (para 8), they were forced to make statements (paras 8 and 11), and they were denied the opportunity of sleeping (para 10). Both during the trial as well as the period of 20