law office of ghazi suleiman v sudan communication 222 of 1998 communication 229 of 1999 2003 achpr 46 29 may 2003

law office of ghazi suleiman v sudan communication 222 of 1998 communication 229 of 1999 2003 achpr 46 29 may 2003

The detention without charge, denial of access to legal counsel and families, use of military courts to try civilians, denial of counsel of choice, and lack of effective remedies constituted violations of Articles 5, 6, and 7(1) of the African Charter. The pardon and release of the victims did not remedy or compensate for these violations.

Citation
law office of ghazi suleiman v sudan communication 222 of 1998 communication 229 of 1999 2003 achpr 46 29 may 2003
Parties
Complainant: Law Office of Ghazi Suleiman; Respondent: Republic of Sudan
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
29 May 2003
Procedural Posture
Human Rights Communication / Decision on Merits
Outcome
violation found
Legal Topics
Arbitrary Detention, Torture, Right to Fair Trial, Military Courts, Compensation for Human Rights Violations
Source Language
English
Human Rights Law Constitutional Law Arbitrary Detention Torture Right to Fair Trial Military Courts Compensation for Human Rights Violations

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Parties

Law Office of Ghazi Suleiman

Complainant

Republic of Sudan

Respondent

Procedural Posture

Human Rights Communication / Decision on Merits

Legal Issues

  1. 1 Whether the detention and treatment of the complainants violated Articles 5, 6, and 7(1) of the African Charter on Human and Peoples' Rights
  2. 2 Whether the use of military courts to try civilians and denial of counsel of choice violated the right to fair trial

Ratio Decidendi

The detention without charge, denial of access to legal counsel and families, use of military courts to try civilians, denial of counsel of choice, and lack of effective remedies constituted violations of Articles 5, 6, and 7(1) of the African Charter. The pardon and release of the victims did not remedy or compensate for these violations.

Court Disposition

violation found

Orders

  • The Republic of Sudan is found in violation of Articles 5, 6, and 7(1) of the African Charter.
  • The Government of Sudan is urged to bring its legislation into conformity with the African Charter.