Monim Elgak, Osman Hummeida and Amir Suliman (represented by FIDH and OMCT) v Sudan - 379/09

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Decision of the African Commission on Merits

142. Based on the above, the African Commission on Human and Peoples’:

i. Finds that the Republic of The Sudan has violated the rights of Mr. Amir Suliman in relation to Articles 1, 5, 6, 9, 10, 12 15 and 16; Mr. Monim Elgak in respect of Articles 1, 5, 6, 9, 10, 12 and 16 and Mr. Osman Hummeida in respect of Articles 1, 5, 6, 9, 10, 12(1) and 16of the African Charter on Human and Peoples’ Right.

ii. Finds that the Republic of The Sudan is not in violation of Article 7 of the Charter.

iii. Requests the Republic of The Sudan to:

a) Pay adequate compensation to the Complainants named in the present Communication in accordance with the domestic law of The Sudan for the rights violated;

b) Investigate and prosecute all those persons who participated in the illegal incarceration and torture of the Complainants; and

c) Reopen and unfreeze the bank accounts of KCHRED.

iv. Inform the Commission, in accordance with Rule 112 (2) of the Commission’s Rules of Procedure, within one hundred and eighty days of the notification of the present decision, of the measures taken to implement the present decision.

Done in Banjul, The Gambia at the 15thExtra Ordinary Session of the African Commission on Human and Peoples’ Rights held from 07 to 14 March 2014.