centre on housing rights and evictions v sudan communication 296 of 2005 2006 achpr 70 25 may 2006

centre on housing rights and evictions v sudan communication 296 of 2005 2006 achpr 70 25 may 2006

Given the scale, seriousness, and ongoing nature of the alleged human rights violations in Darfur, and the displacement and intimidation of victims, local remedies in Sudan are deemed unavailable, ineffective, and insufficient. The matter has not been specifically settled by any UN treaty or Charter body. Therefore, the communication satisfies the admissibility requirements under Article 56 of the African Charter.

Citation
centre on housing rights and evictions v sudan communication 296 of 2005 2006 achpr 70 25 may 2006
Parties
Complainant: Centre on Housing Rights and Evictions; Respondent State: Republic of The Sudan
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
25 May 2006
Procedural Posture
Communication (individual Complaint) / Decision on Admissibility
Outcome
Communication declared admissible
Legal Topics
Right to Life, Right to Security of Person, Right to Property, Right to Adequate Housing, Right to Food, Right to Water, Freedom of Residence, Right to Judicial Protection, Exhaustion of Local Remedies, Massive Human Rights Violations
Source Language
English
Human Rights Law International Law Right to Life Right to Security of Person Right to Property Right to Adequate Housing Right to Food Right to Water +4 more

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Parties

Centre on Housing Rights and Evictions

Complainant

Republic of The Sudan

Respondent State

Procedural Posture

Communication (individual Complaint) / Decision on Admissibility

Legal Issues

  1. 1 Whether the communication is admissible under Article 56 of the African Charter on Human and Peoples' Rights
  2. 2 Whether local remedies in Sudan are available, effective, and sufficient for victims of alleged human rights violations in Darfur
  3. 3 Whether the matter has been settled by other international mechanisms

Ratio Decidendi

Given the scale, seriousness, and ongoing nature of the alleged human rights violations in Darfur, and the displacement and intimidation of victims, local remedies in Sudan are deemed unavailable, ineffective, and insufficient. The matter has not been specifically settled by any UN treaty or Charter body. Therefore, the communication satisfies the admissibility requirements under Article 56 of the African Charter.

Court Disposition

Communication declared admissible