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the Charter. After carefully examining the Communication and the parties' submissions, the Commission found that Articles 56 (6) and (7) raised no issues of contention and was satisfied. To this end, the Commission's analysis of admissibility only focused on the requirements contained in Article 56 (I), (2), (3), (4), and (5) of the Charter. 69. 70. Thus, the first issue for determination was whether the Communication had indicated its authors, even if the latter requested anonymity as prescribed by Article 56 (1). The Respondent State believes that the Communication has not complied with Article 56 (1) because the name used to identify the first Victim is. different from the name used to identify her in the domestic judicial proceeding · name appears in the Civil Registry Department. The jurisprudence of .cle..r ;..(1) to be fulfilled, the Communication must indicate the autcyo:f"s"iaentity an ,'"dqfefr~c~n.ta~t details) and not necessarily the victims' names. Still, it~Inust contain adequate.inforn{at1~ concerning the victims with a degree of specificity.s' The. Commission has also pronoun~i!tl itself that "Article 56 (1) of the African @ni:\rter requires a Cornmunicatiento indicate its authors ~*f>,:,.."'" '" " .,,' .. and not the victims of the violation 1 and that" Article 56 (1) of tKei:t.frican Charter will be satisfied if the Communicatiori loses the -identity and defails of the authors thereof. "22 ;~J<~'j"\ ~it II ;;;;~:i~~ ,.~~i 71, :''':''-~J,>t 72. ,',,; In the present ca~~~the Comiri:" :~iitias a, e Organizations representing the victims have appropriately identifier i~inselves "ahd, provided their addresses. Their representatives sign all their submitted,documents,"cmd their hill names appear in print.P In addition to that, they have also pr6vid~d sufficient details, regarding the identity of the ~~. h victims, which enabled the Respondent Sta~e to identify them, thereby making the issue of :two ifferent n1un,~~ used to identify fR~'first Complainant an immaterial factor in dete ',,' nm .the fulfilnient of Article.:56 (1) in this case; hence the Communication has complif . ticle 56 (:0 of the ~ll~rter. ~ < i'. ; ,. .,_ "I ' The second ,:,,' .issue··';-~f,:~i , , ."-~. etermine was whether the Communication complied with the ·:q;~;'i·;r",,', requirement }ln9-~~tz\rticle: 56.(f) of the Charter, which requires a Communication to be compatible wi~::the Constitutive Act of the African Union and the African Charter. The Respondent State disputed the compatibility of the Communication because it results Luke Mu.nyandu. Tembani and Benjamin John Freeth (represented by Norman Tjombe) vs. Angola and Thirteen Others, Communication 409/12, paragraph 87 21 Kevin Mgwanga Gunme et al v Cameroon, Communication 266/03,para, 67, referring to Malawi African Association et al v Mauritania, Communications 54/91, 61/91, 98/93, 164/97, 196/97 and 210/98, para. 79. 22 See, Spilg and Mack & Ditshwanelo (on behnif of Lehiohonoto Bernard Kobedi) v Botswana, Communication 277/0.:1.Ear.a, 20 See .•~ 97. "'_,,>, ~,~ <lUI: AN 4." ~. 23 The Complainants are represented by The Redress Trust (REDRESS), the African Centre for. . ~ g clli.d!'Pelfc~"'~o Studies (ACJPS), the Sudanese Organization for Development and Rehabilitation (SODR), th~§tldanes-effiiin~ \ Rights Initiative (SHRI) and the Justice Center for Advocacy and Legal Consultancy (J "'JLC);(A_drt-fess\fo lll~correspondence:, REDRESS; c/o Jiirgen Schurr; 87, Vauxhall Walk; SEll 5HJ London; United ~gdO ; T~,_+'¥ 20 ~ ~ I 77931777; E-mail: ]uergen@redress.org .\~ S IIp., 3;;" ");(t.,;.. ~ ':Z,. '" 6. -YO' ,<5'/0 AU· X:', IV4~RICP.\44 c. '~ Ito '~""... . Q1<; /.' . c.;, <v"'" 'j 'i<' II.1MF ET D<'S '~ "'d:f/Y .;}S? A ..,.

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Communication 471/14 - Meriam Yahia Ibrahim and three more v. Sudan

ACHPR Decision

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Cruel and Degrading Treatment
Detention Facilities/Conditions
Equality
Equality Before the Law
Freedom from Discrimination
Freedom of Movement
Freedom of Religion
Personal Liberty
Personal security
Pregnant women / mothers (with infant) in conflict with the law
Protection of Family and Vulnerable Groups
Right to be Heard before a Competent Court
Right to Dignity
Right to Fair Trial
Right to Family
Right to Health
Right to Life
Sexual and Reproductive Health Rights
Torture and Ill Treatment
Women in prison
Women's Rights

Case Head Notes: The first victim, whose father was a Sudanese Muslim, and whose mother was an Ethiopian Christian, married a Christian and was consequently arrested for adultery. A charge of apostasy was also added against the first victim because her father was a Muslim, and according to Article 126 of the 1991 Criminal Code, she was prohibited from changing to another religion. The first victim was arrested with her child, and detained in prison. Upon convicting the first victim of apostasy, the Court gave her three days to recant her faith, or face the possible sentence of death. While the Court of Appeal revoked the convictions and sentences, and ordered the first victim's immediate release, in 2014, all victims (the first victim and her family) were arrested when they were about to leave the Respondent State. They were subsequently detained at a detention facility and denied access to lawyers. Following negotiations between Italy and the Respondent State, the victims left Sudan for Italy. The Commission found a violation of Article 2, stating that it is unjust to apply religious laws against individuals who do not follow that particular religion, and also because non-Muslims have the right to be judged by a secular court. They also noted that women and men experience differential treatment with respect to justifying their intermarriages. The Commission found a violation of Article 3 stating that there was no justifiable basis for the first victim's adultery conviction, particularly when her husband was not similarly found guilty for intermarriage. The Commission found a violation of Article 4, on account of the gravely inadequate and inhumane conditions in the detention facility, and additionally because the death sentence, and associated threats against the first victim were traumatic. Noting that it is a violation of Article 4 when individuals are forced to go into hiding, the Commission also stated that the Respondent State failed to protect the victims lives, despite the known threat from extremist groups, which forced the victims to leave Sudan for their safety. The Commission found a violation of Article 5 noting the physical and emotional trauma the victims experienced. Specifically, the ongoing intimidation of the victims, including demanding the first victim to change her religion or face the death penalty, and shackling the first victim for most of her detention contravened Article 5. The Commission found a violation of Article 6 because the Respondent State failed to safeguard the victims' physical well-being against maltreatement by government authorities, and private individuals, and, further, agreed with the Complainants' argument that the first victim was arrested and detained on a discriminatory basis. The Commission found a violation of Article 7 because the victims were denied access to lawyers, faced discrimination based on gender, and also becuase of incorrect assumptions by the Court regarding the Court's own jurisdiction, and the victim's relgious beliefs. The Commission found a violation of Article 8, stating that incorrect assumptions regarding the first victim's faith hindered her ability to profess and practice her religion, and further noting that the criminalization of her supposed change in religion also violated Article 8. The Commission found a violation of Article 12 stating that the continued threats by third parties, which the Respondent State has failed to protect the victims from, prevents the victims from returning to Sudan safely. They note that the Respondent State's failure to protect also forced the Complainants to leave Sudan against their will, in order to protect themselves. The Commission found a violation of Article 16 because the victims were deprived of basic needs, including access to food, basic hygiene, and medical care during their incarceration. They also specifically noted that the absence of antenatal and postnatal care, and neonatal care, violated the right to heatlh. The Commission found a violation of Article 18, generally, because of the interference in the victims' family life and, specifically, because of discrimination in the first victim's right to choose a spouse. On account of the other violations, the Commission found a violation of Article 1. The Commission urged the Respondent State to take all measures to provide effective remedies, including restitution, compensation, policy reforms, public apology, and legal reforms. They also recommended a prompt and impartial investigation into the First Victims's arrest, detention, conviction and sentencing and requested the Respondent State to provide an update on implementation.

Country

Sudan

Outcome: Decided on Merits

Year Decided: Mar 8, 2024

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 16: Right to Health
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 8: Right to Freedom of Conscience

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 12: Right to Freedom of Movement
ACHPR 16: Right to Health
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 8: Right to Freedom of Conscience

Duration of Procedure

Jun 2, 2014 ~ Mar 8, 2024

Country Geolocation

Latitude: 12.862807

Longitude: 30.217636

Country Geolocation (linked ACHPR Decision): Sudan

Primary Documents

Meriam Yahia Ibrahim and Three More v Sudan.pdf
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African Human Rights CLA 2.0

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Communication 471/14 - Meriam Yahia Ibrahim and three more v. Sudan

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