Decision of the Commission on Merits
273. Based on the above reasons, the Commission:
i. Holds that the Respondent State - the Republic of The Sudan has violated Articles 1, 5, 6, 7(1)(c) and (d), 9 (2) and 10 of the African Charter;
ii. Requests the Republic of The Sudan to:
a. Pay adequate compensation to the First Victim, in accordance with the domestic law of The Sudan for loss of earnings, medical expenses, physical and emotional suffering, and damages suffered in relation to the violations found;
b. Pay adequate Compensation to the family of the deceased Second Victim, in accordance with the domestic law of The Sudan, as well as existing human rights precedents and standards, for loss of earnings, medical expenses, emotional suffering and damages suffered in relation to the violations found;
c. Promptly and independently investigate, prosecute, and punish all State actors responsible for the unlawful detention, torture and inhuman treatment of the Victims;
d. Continue to reform laws, policies and practices incompatible with the African Charter and international law, in particular:
➤ Further amend the National Security Act 2010 (amended by law No. 12/2020), to ensure that it is in line with the African Charter, as well as other regional and international human rights instruments and standards;
➤ Further amend the Criminal Procedure Act 1991 ( amended in 2020) to: Prohibit the arrest of individuals without a warrant where the deprivation of liberty results from the exercise of the rights or freedoms guaranteed under international human rights treaties to which The Sudan is a party; Ensure that any person arrested and detained on a criminal charge is brought before a judge within 48 hours, and is guaranteed the right of access to a lawyer from the beginning of criminal proceedings; and Ensure that an arrested person's right to inform a third party or family member as soon as possible upon arrest is guaranteed and not subject to prosecutorial or judicial approval.
e. Adopt and implement procedural safeguards for the prevention of torture and other forms of ill-treatment as required under the Robben Island Guidelines;
f. Implement Principles and Guidelines to safeguard the right to fair trial as provided in the Commission's Fair Trial and Legal Assistance in Africa Principles and Guidelines;
g. Train Security Officers on relevant standards concerning adherence to custodial safeguards and the prohibition of torture and ill-treatment;
h. Improve conditions of detention in The Sudan; and
i. Ensure that Prisons are reformed in accordance with international standards.
iii. Inform the Commission, in accordance with Rule 112 (2) of the Commission's Rules of Procedure (2010) under which this Communication was instituted, within one hundred and eighty days (180) of the notification of the present decision of the measures taken to implement the present decision.
Done in Banjul, The Gambia at its 73rd Ordinary Session, held from 20 October to 9 November 2022
