sudan human rights organisation centre on housing rights and evictions v sudan communication 279 of 2003 communication 296 of 2005 2009 achpr 100 27 may 2009

sudan human rights organisation centre on housing rights and evictions v sudan communication 279 of 2003 communication 296 of 2005 2009 achpr 100 27 may 2009

The African Commission found that the Republic of Sudan committed serious, massive, and systematic violations of the African Charter in Darfur, including violations of the rights to life, dignity, liberty, security, fair trial, freedom of movement and residence, property, health, family, and development. The Commission held that domestic remedies were unavailable, ineffective, and insufficient due to the scale and nature of the violations, and that the matter was not settled by other international mechanisms. Sudan failed in its obligations to prevent, investigate, and remedy abuses by its agents and allied militias, and to protect victims from non-state actors. The Commission found...

Citation
sudan human rights organisation centre on housing rights and evictions v sudan communication 279 of 2003 communication 296 of 2005 2009 achpr 100 27 may 2009
Parties
Complainant: Sudan Human Rights Organisation (London), Sudan Human Rights Organisation (Canada), Darfur Diaspora Association, Sudanese Women Union in Canada, Massaleit Diaspora Association; Complainant: Centre on Housing Rights and Evictions (COHRE); Respondent: Republic of Sudan
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
27 May 2009
Procedural Posture
Communication (joined Cases 279/03 and 296/05) Before the African Commission on Human and Peoples' Rights / Decision on Merits After Admissibility and Consolidation
Outcome
Findings of violations of the African Charter by the Republic of Sudan; recommendations issued.
Legal Topics
Right to Life, Prohibition of Torture and Inhuman Treatment, Right to Liberty and Security, Right to Fair Trial, Freedom of Movement and Residence, Right to Property, Right to Health, Protection of the Family, Right to Development, State Obligations Under the African Charter
Source Language
English
International Human Rights Law African Charter on Human and Peoples' Rights Right to Life Prohibition of Torture and Inhuman Treatment Right to Liberty and Security Right to Fair Trial Freedom of Movement and Residence Right to Property +4 more

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Parties

Sudan Human Rights Organisation (London), Sudan Human Rights Organisation (Canada), Darfur Diaspora Association, Sudanese Women Union in Canada, Massaleit Diaspora Association

Complainant

Centre on Housing Rights and Evictions (COHRE)

Complainant

Republic of Sudan

Respondent

Procedural Posture

Communication (joined Cases 279/03 and 296/05) Before the African Commission on Human and Peoples' Rights / Decision on Merits After Admissibility and Consolidation

Legal Issues

  1. 1 Whether the Republic of Sudan committed serious, massive and systematic violations of the African Charter in Darfur, including killings, torture, forced displacement, destruction of property, and denial of basic rights to the Fur, Marsalit, and Zaghawa tribes and others.
  2. 2 Whether domestic remedies were available, effective, and sufficient for victims of these violations.
  3. 3 Whether the violations were settled by other international mechanisms.

Ratio Decidendi

The African Commission found that the Republic of Sudan committed serious, massive, and systematic violations of the African Charter in Darfur, including violations of the rights to life, dignity, liberty, security, fair trial, freedom of movement and residence, property, health, family, and development. The Commission held that domestic remedies were unavailable, ineffective, and insufficient due to the scale and nature of the violations, and that the matter was not settled by other international mechanisms. Sudan failed in its obligations to prevent, investigate, and remedy abuses by its agents and allied militias, and to protect victims from non-state actors. The Commission found...

Court Disposition

Findings of violations of the African Charter by the Republic of Sudan; recommendations issued.

Orders

  • Sudan must conduct effective investigations into abuses by military forces, armed groups, and Janjaweed militia.
  • Sudan must undertake major legislative and judicial reforms to address serious and massive human rights violations.