Abdel Hadi, Ali Radi & Others v Republic of Sudan - 368/09


Decision of the Commission on the Merits

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

i. Finds that the Republic of The Sudan has violated Articles 1, 5, 6 and 7 (1) (c) (d) of the African Charter on Human and Peoples’ Right;

ii. Requests the Republic of Sudan to:

a) Pay adequate compensation to the victims named in the present Communication in accordance with the domestic law for the rights violated;

b) Initiate an effective and impartial investigation into the circumstances of arrest and detention and the subsequent treatment of the Complainants.

c) Where appropriate, amend the legislation incompatible with the Charter.

d) 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, 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 the 54th Ordinary Session of the African Commission on Human and Peoples’ Rights held from 22 October to 5 November 2013.