doebbler v sudan communication 236 of 2000 2003 achpr 42 29 may 2003

doebbler v sudan communication 236 of 2000 2003 achpr 42 29 may 2003

The punishment of lashes for minor public order offences, as executed in this case, constitutes cruel, inhuman and degrading punishment in violation of Article 5 of the African Charter. The immediate execution of sentences rendered domestic remedies ineffective. The state cannot justify physical violence as punishment under the Charter.

Citation
doebbler v sudan communication 236 of 2000 2003 achpr 42 29 may 2003
Parties
Complainant: Curtis Francis Doebbler; Respondent State: Republic of Sudan
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
29 May 2003
Procedural Posture
Communication to African Commission on Human and Peoples' Rights / Decision on Merits After Admissibility Determined
Outcome
Violation of Article 5 of the African Charter found against Sudan.
Legal Topics
Prohibition of Cruel, Inhuman or Degrading Punishment, Right to Dignity, Exhaustion of Local Remedies
Source Language
English
Human Rights Law Criminal Law Prohibition of Cruel, Inhuman or Degrading Punishment Right to Dignity Exhaustion of Local Remedies

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Parties

Curtis Francis Doebbler

Complainant

Republic of Sudan

Respondent State

Procedural Posture

Communication to African Commission on Human and Peoples' Rights / Decision on Merits After Admissibility Determined

Legal Issues

  1. 1 Whether the punishment of lashes for minor public order offences constitutes cruel, inhuman or degrading punishment under Article 5 of the African Charter
  2. 2 Whether effective domestic remedies were available and exhausted

Ratio Decidendi

The punishment of lashes for minor public order offences, as executed in this case, constitutes cruel, inhuman and degrading punishment in violation of Article 5 of the African Charter. The immediate execution of sentences rendered domestic remedies ineffective. The state cannot justify physical violence as punishment under the Charter.

Court Disposition

Violation of Article 5 of the African Charter found against Sudan.

Orders

  • Amend the Criminal Law of 1991 to conform with the African Charter and relevant international human rights instruments.
  • Abolish the penalty of lashes.