Communication 443/13 - Safia Ishaq Mohammed Issa (Represented by The Redress Trust) v. Republic of Sudan


Decision of the Commission on Merits

Based on the above reasons, the African Commission on Human and Peoples' Rights holds as follows:

i. That the Respondent State - the Republic of the Sudan has violated Articles 1, 2,3, 5, 6, 7(1) (a), 9 (2) 10 (1), 11, 12 (1) and (2) of the African Charter on Human and Peoples' Right;

ii. Requests the Republic of Sudan to:
a. Pay adequate compensation to the Victim named in this Communication in accordance with the domestic law of the Republic of the Sudan for medical expenses, physical and emotional suffering, and damages suffered in relation to the violations found;
b. undertake institutional and practical reforms to ensure effective redress for victims of sexual and gender-based violence. These measures may include: ensuring adequate documentation; accountability of perpetrators; providing support to victims at all stages of the legal process; identifying the causes and consequences of sexual and gender based violence and take all necessary measures to prevent and eradicate it; establishing efficient and accessible reparation programmes, and ensuring participation of victims in the adoption and implementation of such programmes; as well as providing unimpeded and regular access to comprehensive healthcare;
c. Promptly and independently investigate, prosecute, and punish all actors, including State security agents responsible for the abduction, rape and torture of the Victim;
d. Adopt and implement procedural safeguards for the prevention of torture and other forms of ill-treatment as required under the Robben Island Guidelines;
e. Train security officers on relevant standards concerning adherence to custodial safeguards and the prohibition of torture;

iii. Inform the Commission, in accordance with Rule 112 (2) of the Commission's Rules of Procedure (2010), within one hundred and eighty days (180) of the notification of the present decision of the measures taken to implement the present decision.

Done Virtually, at 72nd Ordinary Session held from 19 July to 2 August 2022