Prayers:
28. The Complainant requests the African Commission on Human and Peoples' Rights
(the African Commission) to:
a. Recognise the violation of articles 1, 5, 6 7 and 9 of the African Charter;
b. Request payment of adequate compensation for the violations of the rights
above-mentioned, and the amount awarded by the Commission should reflect
the following elements of damages in line with international standards set out
in the Basic Principles and Guidelines on the Right to a Remedy and Reparation
for Gross Violations of International Human Rights Law and Serious Violations
of International Humanitarian Law4 and the jurisprudence of international
human rights treaty bodies and regional human rights courts: 5
i.
material damages, including costs for medical treatment, medical,
psychological and social services, legal or other expert assistance;
ii.
loss of earnings and loss of earning potential;
iii.
lost opportunities, including employment and education, which
damages are sometimes referred to as special damages;6 and
iv.
Moral damages.7
The amount of compensation sought would be specified in a later
submission.
c. Request the commencement of an effective and impartial investigation into the
circumstances of his arrest and detention and the subsequent treatment. In that
regard, existing immunities should be lifted with regards to any officer
suspected of being responsible for any of the violations, and adequate
protection to witnesses, such as grant of anonymity, escorts, and relocation, as
necessary, should be provided during the investigation and thereafter if needed.
Also, where sufficient evidence of misconduct or criminal conduct is found, the
suspected perpetrators should be tried and adequately punished if found guilty;
d. Request public acknowledgment and apology to the Complainant for the
violations suffered;
e. Request amendment of the legislation of the Respondent State that are
incompatible with the African Charter so that Sudanese laws, in particular the
National Security Act: (i) provide protection, either by removing the powers of
arrest and detention altogether [guaranteeing] a right to habeas corpus; (ii)
repress violations, such as making torture a criminal offence by using the
internationally recognized definition of torture and by making it subject to
adequate punishment; and (iii) effectively counter impunity and provide
effective remedies. This should entail the repeal of immunity provisions and the
provision of an explicit right to a remedy and reparation for victims of serious
human rights violations, including torture and arbitrary arrest and detention; and
f. Request the training of members of the security services on relevant standards
concerning adherence to custodial safeguards and the prohibition of torture.