Original: French
has inherent limits 1n so far as there are rights that cannot not be
derogated , regardless of the prevail ing situation.
77. This is the case as regards the rights defined by Articles 6 and 7 of
the ICCPR, namely: the right to life, the right not be subjected torture or
to cruel , inhuman and degrading punishment or treatment- rights mostly
enshrined in Articles 6 and 7 of the African Charter on Human and
Peoples' Rights . The Court therefore holds that, despite the exceptional
political and security situation prevailing in Libya since 201 1, the Libyan
State is internationally responsible for ensuring compliance with and
guaranteeing the human rights enshrined in Articles 6 and 7 of the
Charter.
A. Alleged violation of Article 6 of the Charter
78.
The Applicant alleges that Mr. Kadhafi who has been in
detention since 19 November 2011 has not been brought before any
court to contest his detention. It further argues that Mr. Kadhafi 's
detention was extended several times without a court orde r; and that
his place of detention has remained a secret.
79. Furthermore in its Appl ication , the Comm iss ion groundi ng its
submission on its own jurisprudence, noted that the prolonged
secret detention constitutes a serious violation of huma n ri ghts that
3. Any State Party to the present Covenant availing itself of the right of derogation shall immed iately
inform the other States Parties to the present Covenant, through the intermediary of the Secretary General of the Un ited Nations of the provisions from which it has derogated and of the reasons by
which it was actuated. A further communication shall be made, through the same intermediary, on
the date on which it terminates such derogation.
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