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Communication Number 577/15 Hassan Ishag Ahmed (represented by African Centre for Justice and Peace Studies and Others) v. Republic of the Sudan

ACHPR Decision

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Type of Document

Decision

Keywords

Personal Liberty
Right to Fair Trial
Torture and Ill Treatment

Case Head Notes: The communication was brought on behalf of Hassan Ishag Ahmed, a Sudanese journalist who was arrested in June 2014 after reporting on the arrest of an opposition politician and publishing information about the incident. He alleged that he was beaten by security officers, detained for more than three months without charge under Sudan's emergency laws, held in overcrowded and unsanitary prison conditions, denied prompt medical treatment despite injuries, and ultimately forced into exile in Kenya because of continued intimidation. He argued that these actions violated his rights to liberty, fair trial, freedom from torture, freedom of expression, health, and Sudan's general obligation to protect Charter rights. On the merits, the African Commission concluded that Sudan was responsible for arbitrary detention, torture and other ill-treatment, denial of adequate medical care, restrictions on the complainant's freedom of expression arising from his journalistic activities, and denial of his right to have his case heard within a reasonable time. The Commission therefore found violations of Articles 1, 5, 6, 7(1)(d), 9(2), and 16 of the African Charter. It ordered Sudan to provide adequate compensation, investigate and prosecute those responsible, reform its National Security Act and emergency legislation to bring them into conformity with the African Charter, adopt safeguards against torture, and train security personnel on custodial standards and the prohibition of torture

Country

Sudan

Outcome: Decided on Merits

Year Decided: May 4, 2021

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 9: Right to Receive Information and Free Expression
ACHPR 1: General Obligations
ACHPR 16: Right to Health
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Rights Violated (ACHPR Provisions)

ACHPR 1: General Obligations
ACHPR 16: Right to Health
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 7.1.d: Right to be tried within a reasonable time by an impartial Court
ACHPR 9.2: Right to Express and Disseminate Opinions Within the law

Rights Not Violated (ACHPR Provisions)

None Indicated

Duration of Procedure

Oct 13, 2015 ~ May 4, 2021

Country Geolocation

Latitude: 12.862807

Longitude: 30.217636

Country Geolocation (linked ACHPR Decision): Sudan

Primary Documents

Hassan Ishag Ahmed (represented by African Centre for Justice and Peace Studies and Others) v. Republic of the Sudan.pdf
English
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African Human Rights CLA 2.0

Select target paragraph3

Communication Number 577/15 Hassan Ishag Ahmed (represented by African Centre for Justice and Peace Studies and Others) v. Republic of the Sudan

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