"Where hurt has occurred by dangerous means, such as poison, or intoxicating drugs, or where hurt is caused with the intention of drawing a confession from another, or compelling that other to do an act contrary to the law, the offender shall be punished, with imprisonment, for a term, not exceeding two years, and may also be punished with fine." 7 The Complainant mentions the Sudanese National Security Acts of 1990 (Article 41), 1994 (Article 38), 1999 (Article 33) and 2010 (Article 52). 8 Communication 311/2005 - Rafaat Makawi v. Sudan. 9 The Respondent makes reference to two cases where perpetrators of murder were convicted by the Khartoum North Court of Criminal Justice in 1998 and sentenced to death under the relevant provision of Article 130 of the 1991 Criminal Act. The State notes that these sentences were passed at the time when the Complainant claimed that there was no justice mechanisms to which one could resort for redress. 10 56.5Communication 147/95 and 149/96 Sir Dawda Jawara v The Gambia (ACHPR 2000) para 32. 11 n 10 above. 12 See Communication 25/89,47/90,56/91,100/93 World Organization Against Torture v Zaire (ACHPR 1996) para 36; Communication 25/89, 47/90, 56/91, 100/93- Free Legal Assistance Group and Others v Zaire (ACHPR 1995) para 36; Communication 71/92 - Rencontre Africaine pour la Defense des Droits de l'Homme v Zambia (ACHPR 1997) para 10. 13 See Articles 17-19 × 17.Ensure the establishment of readily accessible and fully independent mechanisms to which all persons can bring their allegations of torture and ill-treatment. 18. Ensure that whenever persons who claimed to have been or who appear to have been tortured or ill-treated are brought before competent authorities an investigation shall be initiated. 19. Investigations into all allegations of torture or ill-treatment, shall be conducted promptly, impartially and effectively, guided by the UN Manual on the Effective Investigation and Documentation of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (The Istanbul Protocol)1. of the Resolution and Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa, adopted by the African Commission at its 32nd Ordinary Session. 14 See paragraph 22 in the submissions of the Complainant above. 15 Communication 275/03 - Article 19 v Eritrea (ACHPR 2007) para 72 16 See also Communication 48/90, 50/91/52/91, 89/93- Amnesty International and Others v Sudan (ACHPR 1999) para 33. 17 n15 above, para 77 & 78 18 n 8 above. This case was declared Admissible by the Commission during its 48th Ordinary Session. Subsequently, the Complainant requested that the file be closed because the subject matter of the Complaint had already been dealt with by the Constitutional Court. 19 See Paragraphs 28 and 29 above. 20 See paragraph 22 (e) above. 21 See Paragraph 22 (d) above. 22 Communication 228/99 The Law Office of Ghazi Suleiman v Sudan (ACHPR 2002), para 36 23 n 15 above, para 78. 24 See Communication 105/98, 128/94, 130/94, 152/96 -Media Rights Agenda, Constitutional Rights Project, Media Rights Agenda and Constitutional Rights Project v Nigeria (ACHPR 1998), para 50. 25 Namely, the Civic Judiciary System; Complaints within the National Security Services; The Grievances Committee within the National Advisory Council; The National Commission on Human Rights; and Office of the Ombudsman. 26 Communication 221/98 - Alfred B. Cudjoe v Ghana (1999) para 14. 27 As is the case with the National Security Act of 2010. 28 Communication 60/91 - Constitutional Rights Project (in respect of Wahab Akamu, G. Adega and Others) v Nigeria (ACHPR 1994) para 10. 29 Communication 379/09 - Monim Elgak, Osman Hummeida and Amir Suliman (represented by FIDH and OMCT) v Sudan, para 68 30 Communication 87/93 Constitutional Rights Project (in respect of Zamani Lakwot and 6 Others)v Nigeria (ACHPR 94) para 8. 31 n 9 above. 10