Communication 604/16 - Dr.
Bushra Gamar Hussein Rahama v.
The Republic of The Sudan
I.
Summary of the Complaint:
1. The Secretariat of the African Commission on Human and Peoples' Rights (the
Secretariat), received on 24 April 2015, a Complaint1 from the African Centre for
Justice and Peace Studies (ACJPS) (the author, on behalf of Dr. Bushra Gamar
Hussein Rahama (the Victim).
2. The Complaint is submitted against the Republic of The Sudan (the Respondent
State), State Party to the African Charter on Human and Peoples' Rights (the
African Charter). 2
3. The Complainant submits that the Victim is a Sudanese national of Nubian
ethnicity, from South Kordofan - an X-ray technician and founder and Executive
Director of Human Rights and Development Organisation (HUDO) - which
organisation reported the events that occurred as a result of the war in South
Kordofan and the Blue Nile, to various international human rights organisations.
4. The Complainant avered that after realizing that he could no longer stay in South
Kordofan, the Victim had fled from South Kordofan to a relative's home in
Omdurman, in the outskirts of Khartoum, where he was arrested on 26 June 2011,
by four men in plain clothes, who identified themselves as officers of the National
Security Services (NSS), after they had examined his identity document, and taken
some of his belongings including a laptop, mobile phone, camera, flash drive and
clothes. The Complainant claims that the Victim also noticed once led outside, that
his house was surrounded by various NSS personnel and had parked in front of it,
four (4) civilian cars, one of which he was taken in.
5. The Complainant alleges that the Victim was arrested without an arrest warrant
and being told why he was arrested, detained without charge, held incommunicado
in an unknown location, denied access to legal representation, and subjected to
torture, cruel, inhumane, or degrading punishment and treatment while in
detention.
6. Specifically, the Complainant claims that upon the Victim's arrest and during the
drive to the detention facility, he was blindfolded and insulted with remarks such as
"you are a slave, and you have to remain a slave" and was also beaten once on
1This Communication is however dated 05 October 2011 , and evidence was provided by the Complainant of the
iou~
transmittals to the Commission by email in 2011 and 2012. Please see for details, paragraph 22 under 'Pro
\\Vv'f:fioh-1,v0 '°
clarifies the gap between the date on the Communication and the date on which it was received by the Com •
.§ee1 at~W fo'°
paragraphs 45 and 77 of this decision, concerning the evidence provided by the Complainant which are o •, ,''. ~rt • •
<«0 ,
the dates of the submission and receipt of the Communication, and the Commission's analysis thereof. /
..,, ::
2 The Republic of The Sudan ratified the African Charter on 18 February 1986.
B
~ 'i..,
~
2
~
\'-;~
0 .
\_,.h-
'o,,, 4•Ktl-l-''·
I 1-
IOr.,r.,E
V,.
•