11. It is further alleged that on 18 October 2006, the representatives of the applicants submitted a written
petition to the General Police Manager in which they asked to be informed on what action, if any, had been
taken and requested for the case to be expedited. As there was no response, the applicants petitioned the
Secretariat of General Police Manager on 21 October 2007 to commence full investigation. As of October
2008, the applicants had not received any information to the effect that an investigation had been
commenced by the police.
Articles alleged to have been violated
12. The Complainants allege the violation of Articles 1, 5, 6, and 7 of the African Charter.
Prayers of the Complainant
13. The Complainants request the following remedies to be granted by the African Commission:
1. Recognition of a violation of Articles 1,5,6 and 7 of the Charter;
2. The payment of adequate compensation for the rights violated covering material damages; including
costs for medical treatment, psychological and social services, legal or other expert assistance, loss
of earnings and loss of earning potential, lost opportunities, including employment and education;
special damages, including moral damages.
3. Commencement of an effective and impartial investigation into the circumstances of arrest and
detention and the subsequent treatment of detainees.
4. Public acknowledgment and apology to the applicants for the violations suffered.
5. Amendment of legislation incompatible with the Charter so that Sudanese laws: (i) provide
protection, such as granting a right to prompt access to a lawyer and a doctor and a right to habeas
corpus; (ii) repress violations, such as making torture a criminal offence by using the internationally
recognised definition of torture and by making it subject to adequate punishment; and (iii) effectively
counter impunity and provide effective remedies, which entails the repeal of immunity provisions
and the provision of an explicit right to remedy and reparation for victims of serious human rights
violations, including torture and arbitrary arrest and detention.
6. Training of police officers on relevant standards concerning adherence to custodial safeguards and
the prohibition of torture.
Procedure
14. This Communication was received at the Secretariat of the Commission, on 19 January 2009. The
Secretariat acknowledged receipt on 21 January 2009.
15. During its 6th Extra-Ordinary Session the Commission was seized of the Communication. The parties
were informed of the fact of seizure on 7 April 2009 and were requested to submit their arguments on
Admissibility.
16. During its 45th Ordinary Session, the Commission decided to defer the Communication to its 46th
Ordinary Session pending receipt of the parties' Submissions on Admissibility.
17. On 30 June 2009, the Secretariat received the Complainants' submission on Admissibility. It
acknowledged receipt on 13 July and forwarded the submissions to the Respondent State for its comments
on the same day.
18. On 21 November 2009, the Submissions of the Respondent State on Admissibility were received at the
Secretariat which acknowledged receipt on 30 November 2009 and forwarded same to the Complainants
on the same day.
19. The Communication was subsequently deferred during the 47th, 48th, 49th 50th and 51st Ordinary
Sessions to allow the Secretariat time to draft a decision on Admissibility.
20. The Communication was declared admissible during the 12 Extraordinary Session of the Commission
held in Algiers, Algeria from 30 July to 4 August 2012 and the parties were accordingly informed. The
Complainants were also requested to submit their observations on the merits by letter dated 30 August
2013.
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