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Pay the outstanding balance due to the victims which currently amounts to US$ 2,965,789,
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taking into account the accumulated benefit over the years or rebeeh specified under the
Islamic Banking system applied in Sudan;
Pay an additional US$3 million in compensation for the material, social and psychological
damage and disruption of life that the victims have endured during the last 13 years. This brings
the total amount being requested to US$5,965,789.
13. The Complainant further requests that in case of delay in satisfactorily settling the communication
and effecting payment, similar benefits should be paid during 2006 and the subsequent years, as well
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as, US$ 1,000,000 compensation for each additional year from 1 January 2006. The complainant
seeks payment of the above balance, benefits and compensation in US currency to be divided equally
between the victims.
Procedure
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14. The communication is dated 22 November 2005 and was received by the Secretariat of the
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African Commission on 24 November 2005.
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15. At its 38 Ordinary Session held from 21 November to 5 December 2005, in Banjul, The
Gambia, the African Commission considered the communication and decided to be seized of it.
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16. By Note Verbale dated 8 December 2005, the Secretariat transmitted a copy of the
communication to the Respondent State by DHL and requested it to forward its submissions on
admissibility within 3 months. The complainant was also requested to send its submissions on
admissibility within 3 months.
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17. On 13 February 2006, the Secretariat of the African Commission received the complainants’
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submissions on admissibility and acknowledged receipt of the same in a letter dated 14 February
2006. A copy of the complainants’ submissions on admissibility was forwarded to the Respondent
State by fax and email.
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18. By Note Verbale dated 20 March 2006, the Respondent State was reminded to forward its
written submission on admissibility of the communication.
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19. On 20 May 2006, the Secretariat of the African Commission received a Note Verbale dated 20
May 2006 and attached to it was the State’s submission on admissibility.
20. During the 39 Ordinary Session of the African Commission, the Commission decided to defer its
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decision on admissibility of the communication to its 40 Ordinary Session. By letter and Note Verbale
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dated 31 May 2006, the Secretariat informed the complainant and the State respectively, of the
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Commission’s decision to defer the communication to its 40 Session.
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21. By email dated 16 April 2007, the Secretariat received a letter dated 10 April 2007, from the
complainant, which had attached to it, additional submissions and documents in reply to the
submissions of the Respondent State.
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22. At its 40 Ordinary Session, the African Commission decided to defer the communication for
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further consideration on admissibility, to its 41 Ordinary Session.
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23. During its 41 Ordinary Session which was held in Accra, Ghana, the Secretariat of the African
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Commission received, on the 22 of May 2007, a letter to the African Commission to which was
attached further submissions by the complainant in reply to the Respondent State’s submission on
admissibility.
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24. At the 41 Ordinary Session of the African Commission, the decision on admissibility of the
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communication was further deferred to the 42 Ordinary Session.
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25. At the 42 Session of the African Commission the decision on admissibility of this communication
was deferred, to get clarification on some issues from the complainants.
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26. At the 43 Session the Secretariat was yet to receive the complainants response and as a result
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deferred the communication to the 44 Ordinary Session.
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27. The communication was further deferred during the 44 Session to give time to the Secretariat to
draft its decision on admissibility.