[2003] ACHPR 42

[2003] ACHPR 42

The African Commission found that the punishment of lashings imposed on the students for minor public order offences constituted cruel, inhuman and degrading punishment in violation of Article 5 of the African Charter. The Commission reasoned that the prohibition in Article 5 must be interpreted broadly to cover all forms of physical and mental abuse, including judicial corporal punishment. The Commission relied on both its own jurisprudence and international human rights law, including the European Court of Human Rights' decision in Tyrer v. United Kingdom, to conclude that state-sanctioned corporal punishment is inherently degrading and incompatible with the dignity protected by the...

Citation
[2003] ACHPR 42
Parties
Applicant: Curtis Francis Doebbler; Respondent: Republic of Sudan
Court
African Commission on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
29 May 2003
Case Number
Communication 236 of 2000
Procedural Posture
Communication / Decision on Merits
Outcome
Violation of Article 5 of the African Charter found against Sudan.
Legal Topics
Prohibition of Torture, Cruel Inhuman Degrading Treatment, Exhaustion of Local Remedies, Judicial Corporal Punishment, African Charter Article 5
Source Language
English
Public International Law Human Rights Prohibition of Torture Cruel Inhuman Degrading Treatment Exhaustion of Local Remedies Judicial Corporal Punishment African Charter Article 5

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Parties

Curtis Francis Doebbler

Applicant

Republic of Sudan

Respondent

Procedural Posture

Communication / Decision on Merits

Legal Issues

  1. 1 Whether the punishment of lashings imposed on the students constituted cruel, inhuman or degrading punishment under Article 5 of the African Charter.
  2. 2 Whether effective domestic remedies were available and exhausted before approaching the African Commission.

Ratio Decidendi

The African Commission found that the punishment of lashings imposed on the students for minor public order offences constituted cruel, inhuman and degrading punishment in violation of Article 5 of the African Charter. The Commission reasoned that the prohibition in Article 5 must be interpreted broadly to cover all forms of physical and mental abuse, including judicial corporal punishment. The Commission relied on both its own jurisprudence and international human rights law, including the European Court of Human Rights' decision in Tyrer v. United Kingdom, to conclude that state-sanctioned corporal punishment is inherently degrading and incompatible with the dignity protected by the...

Court Disposition

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

Orders

  • The Government of Sudan is requested to immediately amend the Criminal Law of 1991 to conform with the African Charter and other relevant international human rights instruments.
  • The Government of Sudan is requested to abolish the penalty of lashes.