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Human Rights our
Collective Respons1bil1ty
Human ancl Peoples' Rights
were arrested for breakdancing. The Complainant averred that they were
finally transferred to 'Omdurman Prison,' where they spent ten days before
being released.
mnxl' ,
11. The Complainant alleged that upon release from Omdurman Prison, following
78 days of incommunicado detention. During this period, he suffered severe
physical and psychological harm, losing approximately 37kg of his original
weight; he was forced to remain in Sudan for eight months because both he and
Mr. al-Mahdi faced charges under ' Article 23 of the Electronics Act/Informatic
Offences (Combating) Act.'2, which prevented them from leaving the country
until the charges were adjudicated. The Complainant averred that he could not
afford his legal representative and relied on Mr. al-Mahdi's lawyer to represent
him in the case.
12. The Complainant stated that on 06 December 2011, the judge found Mr. al
Mahdi not guilty, while he was found guilty under the Act and was ordered to
either pay a fine of 5000 Sudanese Pounds (SDG) or return to Omdurman
Prison for six months. The Complainant refused to pay the fine and was taken
into custody. Mr. al-Mahdi's lawyer appealed the guilty verdict on the same
day on behalf of the Complainant. However, on the same day, Mr. al-Mahdi's
mother paid the fine, and the Complainant was released. Upon his release, the
Complainant left the Respondent State and arrived in London on 31 December
2011. In February 2012, the Court stated in the Complainant's absence that the
appeal, which was filed on 06 December 2011, "... had been canceled, not
denied".
13. The Complainant submitted that upon leaving Sudan on 31 December 2011, he
could not raise a complaint about his treatment as he faced threats of re-arrest
and imprisonment while in Sudan. To this end, the Complainant stated that he
has repeatedly called on the Respondent State to investigate his case through
the Government of the United Kingdom (UK). The Complainant added that the
Respondent State, in a letter dated 26 May 2013 and received by the
Complainant on 02 June 2013, acknowledged the Complainant's arrest but
failed to mention the Complainant's allegations against the Respondent State
nor any investigations into these allegations.
Articles alleged to have been violated:
14. The Complainant alleged that the Respondent State violated Artie
7, 14, and 16 of the African Charter.
2
Complainant's statement of fact para 105; See also Representative's facts, para 42.
3
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