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Communication 222/98-229/99 - Law Office of Ghazi Suleiman v. Sudan

ACHPR Decision

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Summary of Facts1
Provisions of the Charter allegedly violated1
Procedure1
Submissions of the Complainant2
Submissions of the Respondent State3
Law3
Admissibility3
Merits4
Holding7

Communication 222/98-229/99 - Law Office of Ghazi Suleiman v. Sudan

ACHPR Decision

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Competence of the Court
Cruel and Degrading Treatment
Damages and Compensation
Exhaustion of Local Remedies
False Imprisonment
Functioning and Independence of the Judiciary
Human Rights Violations
Military Tribunals
Militia operations / Armed conflicts
Peace and Security
Personal Liberty
Personal security
Reparations / Remedies
Right to be Heard before a Competent Court
Right to Dignity
Right to Information
Torture and Ill Treatment

Case Head Notes: The Complainant alleges that these individuals were arrested on 1st July 1998 or around this date and that they weredetained by the Government of Sudan without charge and were refused contact with their lawyers or their families.

Country

Sudan

Outcome: Amicable Settlement

Year Decided: May 29, 2003

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7.1: Right to be Heard
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 7.1.b : Innocent Until Proven Guilty
ACHPR 7.1.c: Right to Defence
ACHPR 7.1.d: Right to be tried within a reasonable time by an impartial Court

Rights Violated (ACHPR Provisions)

ACHPR 7.1: Right to be Heard
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 7.1.b : Innocent Until Proven Guilty
ACHPR 7.1.c: Right to Defence
ACHPR 7.1.d: Right to be tried within a reasonable time by an impartial Court

Rights Not Violated (ACHPR Provisions)

None Indicated

Duration of Procedure

Sep 28, 1998 ~ May 29, 2003

Country Geolocation

Latitude: 12.862807

Longitude: 30.217636

Country Geolocation (linked ACHPR Decision): Sudan

Primary Documents

achpr33_222.98_229.99_eng.pdf
English
Download View

African Charter on Human and Peoples' Rights

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

African Charter on Human and Peoples' Rights

Article 5Every 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. Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 551.Before each Session, the Secretary of the Commission shall make a list of the communications other than those of States parties to the present Charter and transmit them to the members of the Commission, who shall indicate which communications should be considered by the Commission. 2.A communication shall be considered by the Commission if a simple majority of its members so decide.

Treaty

African Charter on Human and Peoples' Rights

Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and 7.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter

Treaty

International Covenant on Civil and Political Rights ICCPR

Article 91. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. 2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. 3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement. 4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful. 5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation

UN Document

002/2015 - IHRDA & Finders Group Initiative on behalf of TFA (a minor) v. Cameroon

the right of appeal is a right falling under the right to have one‟s cause heard under Article 7 of the Charter

ACERWC Decision

002/2015 - IHRDA & Finders Group Initiative on behalf of TFA (a minor) v. Cameroon

Law Offices of Ghazi Suleiman v Sudan communication no. 222/98 and 229/99, para 51-53

ACERWC Decision

48/90-50/91-52/91-89/93 - Amnesty International, Comité Loosli Bachelard, Lawyers' Committee for Human Rights, Association of Members of the Episcopal Conference of East Africa v Sudan

ACHPR Decision

African Charter on Human and Peoples' Rights

Treaty

224/98 Media Rights Agenda and Others v Nigeria

ACHPR Decision

African Charter on Human and Peoples' Rights

(d) the right to be tried within a reasonable time by an impartial court or tribunal

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

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- ACHPR Decision6
- ACERWC Decision 3
- ECOWAS Court1
Treaties and softlaw only12
- Treaty11
- UN Document1
Cases Referenced2
- ACHPR Decision2
Location1
- Countries (Geolocation) 1

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