Decision of the Commission on the Merits
216. Based on the aforementioned considerations, the Commission declares the following:
A. The Respondent State has violated Articles 1, 2,5, 6, 7, 14, and 16 of the African Charter;
B. The Respondent State must promptly investigate, prosecute, and punish the individuals responsible for the victim's ordeal;
C. The Respondent State should assess and determine the appropriate compensation to address the harm suffered by the Victim;
D. The Respondent State should undertake institutional and practical reforms to ensure that individuals alleging torture or ill-treatment can effectively pursue complaints.
This includes:
i. Safeguarding the confidentiality and protection of victims during the complaint, investigation, and prosecution processes;
ii. Providing adequate medical care and access to qualified physicians who can produce medical reports in line with recognized standards;
iii. Implementing protocols for the secure retention of medical records of all detainees and inmates subjected to torture in detention facilities and ensuring accessibility to these records upon request by the victims;
iv. Offering comprehensive training to NISS personnel on pertinent guidelines concerning custodial protections, the absolute prohibition of torture, and the imperative of —non-discriminatory practices in the discharge of their responsibilities.
v. Establishing policies for the secure storage of medical records of torture victims in hospitals and providing such records to victims upon request;
vi. Providing training to members of the NISS on relevant standards regarding custodial safeguards, the ‘prohibition of torture and non-discrimination in carrying out their duties; and
vii. Establishing an independent complaint mechanism with the authority to investigate actions and complaints against law enforcement personnel, including the NISS.
E. The Respondent State should improve detention conditions, ensuring access to clean water, food, proper sanitation facilities, appropriate cell occupancy, and humane treatment of detainees to align with international legal requirements.
217. Despite multiple amendments to the 2010 National Security Act of Sudan in 2011, 2017, 2019, 2021, 2022, and 2024, the concerns raised by the Complainant have not been adequately addressed. Therefore, further amendments are necessary to align the legislation with the provisions of the African Charter. The Respondent State should consider the following specific amendments:
i. Protection and access: Either remove arrest and detention powers entirely or ensure the right to prompt access to legal representation, medical assistance, and the right to habeas corpus.
ii. Criminalization of torture: Explicitly criminalize torture in accordance with internationally recognized definitions and establish appropriate penalties for such heinous acts.
iii. Combatting impunity and providing remedies: Take effective measures to combat impunity by repealing immunity provisions to ensure that victims receive justice and adequate redress for the harm they have suffered.
218. The Respondent State should report on the steps it has taken to implement these decisions in accordance with Rule 125 (1) of its 2020 Rules of Procedure within one hundred and eighty (180) days.
Done in Banjul, The Gambia, during the 80th Ordinary Session held virtually from 24 July to 2 August 2024.
