177. The Commission reiterates its decision in Sudan Human Rights Organization and
Centre on Housing Rights and Eviction v Sudan that Article 1 imposes a general
obligation on States to respect, protect and fulfil the rights enshrined in the
African Charter, as such, States are required to adopt measures to give effect to
those rights. 116 A failure to uphold this obligation constitutes a violation of
Article 1.The Commission has reached a conclusion that the Respondent State
failed to protect the Complainant from being subjected to torture and other illtreatment; and failed to respect his right to liberty, access to justice, right to
adequate medical care and his right to freedom of expression and dissemination
of in.formation. As a consequence, the Commission finds that the Respondent
State in violation of Article 1 of the Charter.
Decision of the Commission on Merits
178. 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, 5, 6, 7(1) (d), 9 (2) and 16 of the African Charter on Human and Peoples'
Right;
ii.
Requests the Republic of the Sudan to:
a. Pay adequate compensation for, among others lost income, medical
expenses and physical and emotional suffering, to the Complainant named
in the present Communication jn accordance with the domestic law of the
Republic of the Sudan for the rights violated;
b. Promptly and independently investigate, prosecute, and punish all State
actors responsible for the illegal detention and torture of the Complainant;
c. Reform of the Respondent State's laws including the National Security Act
(2010), the Emergency and Protection of Public Safety Act (1997) and the
Emergency and Public Safety Bye-law (1998), in addition to policies and
practices incompatible with the African Charter and international law such
as prolonged arbitrary detention and remand, and denial of the opportunity
to challenge the lawfulness of detenti~:m, and further urges the State to adopt
and implement procedural safeguards for the prevention of torture and
other forms of ill-treatment as required under the Robben Island
Guidelines;
d. Train security officers on relevant standards concerning adherence to
custodial safeguards and the prohibition of torture.