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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