7. desist from adopting amnesty laws for perpetrators of human rights abuses; and
8. consolidate and finalise pending Peace Agreements.
Adopted during the 45th Ordinary Session, held between 13 and 27 May 2009, Banjul, The Gambia.
Footnotes
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1. See Communication 147/[95, 149/]96, 13 Annual Activity Report, 1999-2000
2. Communication 25/89, 47/90, 56/91, 100/93, (4 International Human Rights Law Report 89, 92), (1997).
3. See Footnote 2 above for reference.
4. Communications 54/91, 61/91, 98/93, 164/97, to 196/97 and 210/98, (2000).
5. See also Free Legal Assistance Group, Lawyers’ Committee for Human Rights, Union Interafricaine des Droits
de l’Homme, Les Témoins de Jehovah / Zaire , African Comm. Hum. & Peoples’ Rights. Communication No.
25/89, 47/90, 56/91, 100/93 cited above.
6. Communication 155/1996.
7. No. 21893/93, 1996-IV, no. 15.
8. Communication No. 161/2000: UN Doc CAT/C/29/D/161/2000 (2 December 2002).
9. See European Court judgments in McCann v. United Kingdom (1995) 21 EHRR 97 and Tanrikulu v.
Turkey (1999) 30 EHRR 950.
10. Communication 275/2003.
11. Communication 245/2002.
12. In human rights jurisprudence this standard was first articulated by a regional court, the Inter-American Court
of Human Rights, in looking at the obligations of the State of Honduras under the American Convention on
Human Rights – Velasquez-Rodriguez, Ser. C., No.4, 9 Hum. Rts.I.J. 212 (1998). The standard of due diligence
has been explicitly incorporated into United Nations standards, such as the Declaration on the Elimination of
Violence against Women which says that states should ‘exercise due diligence to prevent, investigate and, in
accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated
by the state or by private persons’. Increasingly, UN mechanisms monitoring the implementation of human rights
treaties, the UN independent experts, and the Court systems at the national and regional level are using this
concept of due diligence as their measure of review, particularly for assessing the compliance of States with their
obligations to protect bodily integrity.
13. Communications 48/90-50/91-52/91-89/93]].
14. Application no. 24746/94 ((2003) 37 EHRR 2), Judgement of 4/8/2001.
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15. The African Commission conducted a Fact Find[ing] Mission to the Darfur Region of Sudan between 8 to
th
rd
18 July 2004. The Report of the Mission was adopted by the African Commission during the 3 Extraordinary
Session, held in Pretoria, South Africa, and was published in its Activity Report presented to the AU Executive
Council. See para. 86, 87, and 88, at page 20.
16. Id. para 48.
17. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G.A. res.
39/46, [annex, 39 U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984)], entered into force June 26,
1987.
18. Communication 224/1998 .
19. Communication 97/1993 97/93.
20. Communication No. 161/2000: UN Doc. CAT/C/29/D/161/2000/ (2 December 2002).
21. Article 16 of the Convention Against Torture states in part that ... “Each State Party shall undertake to prevent
in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do
not amount to torture as defined in Article 1, when such acts are committed by or at the instigation of or with the
consent or acquiescence of a public official or other person acting in an official capacity”.
22. European Court of Human Rights, Case of Selçuk and Asker v. Turkey, Judgement of 24 April 1998, Reports
1998, Reports 1998-II, p. 900, paras. 27-30.
23. Article 3 of the European Convention provides that ‘No one shall be subjected to torture or inhuman or
degrading treatment or punishment’.
24. See , Communication 241/2001.
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25. Communication No 74/92 , 9 Annual Activity Report, 1995-1996 at paragraph 21.
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26. Communication 241/01 published in the 16 Activity Report.
27. Rhona K.M. Smith, Textbook on International Human Rights, second edition, Oxford University Press, 2005,
p. 245.
28. The figures given by UN and Non Governmental Humanitarian agencies operating in Darfur indicate that the
number of IDPs have for the most part during the Darfur conflict ranged between 1,500,000.
29. Communication 71/1992.
30. Communication 245/2002.
31. American Declaration of the Rights and Duties of Man, O.A.S. Res. XXX, adopted by the Ninth International
Conference of American States (1948), re printed in Basic Documents Pertaining to Human Rights in the InterAmerican System, OEA/Ser.L.V/II.82 doc.6 rev. 1at 17 (1992).
32. OCHA/Brookings Institution on Internal Displacement, 1999 and Implementing the Collaborative Response to
Situations of Internal Displacement, IASC, 2004.