amnesty international and another v sudan communication 48 of 1990 communication 50 of 1991 communication 52 of 1991 communication 89 of 1993 2018 achpr 11 15 nov

amnesty international and another v sudan communication 48 of 1990 communication 50 of 1991 communication 52 of 1991 communication 89 of 1993 2018 achpr 11 15 nov

Sudan violated multiple provisions of the African Charter by enacting and enforcing laws and practices that enabled arbitrary detention, torture, extra-judicial executions, denial of fair trial, religious persecution, suppression of expression and association, and undermining judicial independence. The government failed to rebut credible allegations, and available remedies were ineffective or non-existent, justifying the Commission's findings of violations.

Citation
amnesty international and another v sudan communication 48 of 1990 communication 50 of 1991 communication 52 of 1991 communication 89 of 1993 2018 achpr 11 15 nov
Parties
Applicant: Amnesty International; Applicant: Comité Loosli Bachelard; Applicant: Lawyers Committee for Human Rights; Applicant: Association of Members of the Episcopal Conference of East Africa; Respondent: Sudan
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Human Rights Communications (joined) / Merits Decision After Admissibility and Fact Finding Mission
Outcome
Violations found; recommendations issued
Legal Topics
Arbitrary Detention, Torture, Extra Judicial Execution, Fair Trial, Freedom of Religion, Freedom of Expression, Freedom of Association, Judicial Independence, Discrimination
Source Language
English
Human Rights Law International Law Arbitrary Detention Torture Extra Judicial Execution Fair Trial Freedom of Religion Freedom of Expression +3 more

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Parties

Amnesty International

Applicant

Comité Loosli Bachelard

Applicant

Lawyers Committee for Human Rights

Applicant

Association of Members of the Episcopal Conference of East Africa

Applicant

Sudan

Respondent

Procedural Posture

Human Rights Communications (joined) / Merits Decision After Admissibility and Fact Finding Mission

Legal Issues

  1. 1 Whether Sudan violated the African Charter on Human and Peoples' Rights through arbitrary detention, torture, extra-judicial executions, denial of fair trial, religious persecution, suppression of expression and association, and undermining judicial independence

Ratio Decidendi

Sudan violated multiple provisions of the African Charter by enacting and enforcing laws and practices that enabled arbitrary detention, torture, extra-judicial executions, denial of fair trial, religious persecution, suppression of expression and association, and undermining judicial independence. The government failed to rebut credible allegations, and available remedies were ineffective or non-existent, justifying the Commission's findings of violations.

Court Disposition

Violations found; recommendations issued

Orders

  • Declaration of violations of Articles 2, 4, 5, 6, 7.1(a), (c), (d), 8, 9, 10, and 26 of the African Charter
  • Strong recommendation to Sudan to end these violations and comply with its Charter obligations