elgak and others represented by fidh and omct v sudan communication 37909 2014 achpr 6 14 march 2014

elgak and others represented by fidh and omct v sudan communication 37909 2014 achpr 6 14 march 2014

The Commission found that Sudan violated the complainants’ rights under Articles 1, 5, 6, 9, 10, 12, 15, and 16 of the African Charter by subjecting them to torture, arbitrary detention, harassment, and by failing to investigate or provide remedies. Domestic remedies were deemed unavailable and ineffective due to risk of persecution, immunity provisions, and lack of judicial oversight. The closure of KCHRED and freezing of its accounts constituted arbitrary interference with the right to work and association. The Commission found no violation of Article 7 (fair trial) as no formal charges were brought and the complainants were released within three days.

Citation
elgak and others represented by fidh and omct v sudan communication 37909 2014 achpr 6 14 march 2014
Parties
Complainant: Monim Elgak; Complainant: Osman Hummeida; Complainant: Amir Suliman; Respondent: Republic of The Sudan
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
14 March 2014
Procedural Posture
Human Rights Complaint / Final Merits Decision
Outcome
Complaint upheld in part; violations found; orders issued.
Legal Topics
Torture, Arbitrary Detention, Freedom of Expression, Freedom of Association, Right to Work, Right to Health, Freedom of Movement, Compensation, State Obligations
Source Language
English
Human Rights Law International Law Torture Arbitrary Detention Freedom of Expression Freedom of Association Right to Work Right to Health +3 more

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Parties

Monim Elgak

Complainant

Osman Hummeida

Complainant

Amir Suliman

Complainant

Republic of The Sudan

Respondent

Procedural Posture

Human Rights Complaint / Final Merits Decision

Legal Issues

  1. 1 Whether the arrest, detention, and treatment of the complainants by Sudan's NISS violated Articles 1, 5, 6, 7, 9, 10, 12, 15, and 16 of the African Charter on Human and Peoples’ Rights
  2. 2 Whether Sudan failed to provide effective remedies and investigate allegations of torture and ill-treatment
  3. 3 Whether the closure of KCHRED and freezing of its accounts violated the right to work and association

Ratio Decidendi

The Commission found that Sudan violated the complainants’ rights under Articles 1, 5, 6, 9, 10, 12, 15, and 16 of the African Charter by subjecting them to torture, arbitrary detention, harassment, and by failing to investigate or provide remedies. Domestic remedies were deemed unavailable and ineffective due to risk of persecution, immunity provisions, and lack of judicial oversight. The closure of KCHRED and freezing of its accounts constituted arbitrary interference with the right to work and association. The Commission found no violation of Article 7 (fair trial) as no formal charges were brought and the complainants were released within three days.

Court Disposition

Complaint upheld in part; violations found; orders issued.

Orders

  • Pay adequate compensation to the complainants in accordance with Sudanese law for the rights violated.
  • Investigate and prosecute all persons involved in the illegal incarceration and torture of the complainants.