.
In present communication, the State claims to have investigated the alleged abuses, put in place
mechanisms to prevent further abuses and to provide remedies to victims. The question is – were all
these initiatives done in accordance with international standards? Did they meet the test of effective
official investigations under international human rights law?
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151. The Fact-finding Report of the African Commission to the Darfur Region of Sudan states that
some women IDPs who were interviewed during the mission stated that
…..their villages were attacked by government forces, supported by men riding horses and camels.
The attacks resulted in several deaths and injury of people. Some of these women who sustained
injuries, showed their wounds to the Commission. The women furthermore stated that during the
attacks, a number of cases of rape were committed, some of the raped women became pregnant.
Complaints were lodged at the police but were yet to be investigated. They declared that the attackers
came back at night to intimidate the villagers who had not fled, accusing them of supporting the
opposition. Everyone had to run away from the villages.
The women indicated that they were traumatised by the violent nature of the attacks and said that they
would not want to return to the villages as long as their security is not assured. They lamented lack of
water and a school in the camp. The mission visited the police station to verify complaints and the
level of progress made on the reported cases of rape and other offences, but the mission was unable
to have access to the files as the officer in charge of the said cases was absent at the time. At one of
its meetings in El Geneina, the mission was informed by the authorities of West Darfur State that even
though cases of rapes were reported to the police, investigations could not be conducted because the
victims could not identify their attackers. Therefore the files were closed for lack of identification of the
perpetrators.
152. UN and Reports of International Human Rights Organisations attest to the fact that the
Respondent State has fallen short of its responsibility. For instance, in her 2006 Report, the UN
Special Rapporteur on the Human Rights Situation in The Sudan noted that, “the human rights
situation worsened from July 2005…and a comprehensive strategy responding to transitional justice
has yet to be developed in the Sudan.” She added that the cases prosecuted before the Special
Criminal Court on the events in Darfur “did not reflect the major crimes committed during the height of
the crisis in Darfur” … “only one of the cases involved charges brought against a high-ranking official,
and he was acquitted”.
153. The Special Rapporteur also found that “the Government has taken other justice initiatives, but
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they too have fallen short of producing accountability” noting that “national laws … effectively protect
Sudanese law enforcement officials from criminal prosecution [and that these laws] contribute to a
climate of impunity in the Sudan.” The fact that the abuses have persisted and are ongoing since the
submission of the communications clearly demonstrates a weakness in the judicial system and lack of
effectiveness to guarantee effective investigations and suppression of the said violations. In the
opinion of the African Commission, lack of effective investigations in cases of arbitrary killings and
extra-judicial executions amount to a violation of Article 4 of the African Charter.
154. Regarding the allegation of Article 5, the Complainants simply make a generalised allegation of
human rights violations, adding that ‘methods used included extra-judicial executions, torture, rape of
women and girls and arbitrary arrests and detentions, evictions and burning of houses and property,
etc.’ Article 5 of the Charter provides that ‘[e]very individual shall have the right to the respect of the
dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation
and degradation of man, particularly slavery, slave trade, torture, cruel, inhuman or degrading
punishment and treatment shall be prohibited’.
155. Article 5 of the African Charter is aimed at the protection of both the dignity of the human
person, and the physical and mental integrity of the individual. The African Charter does not define the
meaning of the words, or the phrase “torture or degrading treatment or punishment..” However, Article
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1 of the United Nations Convention against Torture defines, the term'torture' to mean “….any act by
which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for
such purposes as obtaining from him or a third person information or a confession, punishing him for
an act he or a third person has committed or is suspected of having committed, or intimidating or