36. The Complainant alleges that there are no effective means of obtaining redress because the victims were forced to renounce their right to take legal action against the Government. They were pardoned and released on condition that they renounce their right to claim damages from the government. By renouncing the right to claim damages, the Complainants had been denied access to domestic remedies but they had not renounced their right to bring the matter before an international body. 37. The Complainant and the Respondent State are in agreement about the fact that the Applicants th brought an action before the Supreme Court (Constitutional Division) which on 13 August 1998 decided that the 1994 law on national security took precedence over international law on individual’s rights, including the African Charter. 38. The Complainant adds that though the Applicants were released at a later date, there has been no compensation for violation of their human rights. He affirms on the other hand that the Applicants have exhausted all local remedies with regard to compensation for violation of their human rights by th the decision of the Supreme Court (Constitutional Division) of 13 August 1998. 39. The African Commission feels that the obligations of the states are of an erga omnes nature and do not depend on their citizens. In any case, the fact that the victims were released does not amount to compensation for violation. The African Commission has taken note of the changes introduced by the Government of Sudan with a view to more protection of human rights but wishes to point out that these changes have no effect whatsoever on past acts of violation and that, under its mandate of protection, it must make a ruling on the communications. 40. Supported by its earlier decisions, the African Commission has always treated communications by ruling on the alleged facts at the time of submission of the communication (see 27/89, 46/91 [49/91] and 99/93 Organisation mondiale contre la torture et al. / Rwanda). Accordingly, even if the situation has changed for the better allowing the release of the suspects, the position has not changed with regard to the accountability of the government in terms of the acts of violation committed against human rights. 41. For these reasons, the African Commission declares this communication admissible. Merits 42. Article 5 of the Charter stipulates that: “Every 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.” 43. The Complainant alleges that in the two months of their detention, the suspects were imprisoned, tortured and deprived of their rights. They disputed their detention and treatment inflicted on them as being against the international law on human rights and the law of Sudan. 44. Furthermore, detaining individuals without allowing them contact with their families and refusing to inform their families of the fact and place of the detention of these individuals amounts to inhuman treatment both for the detainees and their families. 45. Torture is prohibited by the Criminal Code of Sudan and the perpetrators are liable to imprisonment for three months or a fine. 46. The African Commission appreciates the government’s action of taking legal action against those who committed torture but the scope of the measures taken by the government is not proportional to the magnitude of the abuses. It is important to take preventive measures such as stopping secret detentions, the search for effective solutions in a transparent legal system and continuation of investigations of allegations of torture. 47. Considering that the acts of torture have been recognised by the Respondent State, even though it did not specify whether legal action was taken against those who committed them, the African Commission considers that these acts illustrate the government’s violation of the provisions of Article 5 of the African Charter. 48. Article 6 of the Charter stipulates that: