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32 In addition to the fact that his Lawyer advised him in the mid-nineties - Not to return to Khartoum in search of justice due to the political situation." 33 n 10 above, para 35. See also Communication 215/98 #24,Rights International v Nigeria, Para 24, where the Commission found that the Victim ...Was unable to pursue any domestic remedy following his flight for fear of his life to the Republic of Benin.... 34 Communication 308/07- Michael Majuru v Zimbabwe (ACHPR 2008) para 109 35 n above, para 110. 36 Communication 310/10 [sic!] - Darfur Relief and Documentation Centre v Sudan, (ACHPR 2009). 37 n above, para 78. 38 n above, para 80 11

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Summary of Facts1
Articles Alleged to Have Been Violated1
Procedure1
The Law on Admissibility2
Submissions of the Complainant2
The Respondent State's Submissions on Admissibility3
Complainant's Supplementary Submissions on Admissibility5
The Commission's Analysis on Admissibility5
Decision of the Commission on Admissibility9

386/10 Dr. Farouk Mohamed Ibrahim (represented by REDRESS) v Sudan

ACHPR Decision

Preview

Type of Document

Decision

Keywords

Freedom of Expression / Digital Rights
Personal Liberty
Right to Fair Trial
Torture and Ill Treatment
Transitional Justice

Case Head Notes: The Complainant submits that, the Victim is a Sudanese national who took up his position as Associate Professor at the Faculty of Science, University of Khartoum in 1986. He was assigned to teach Microbiology, Plant Pathology, Genetics, Systematics and Evolution.

Country

Sudan

Outcome: Ruled Inadmissible

Year Decided: Feb 25, 2013

Rights Violated (ACHPR Provisions)

None Indicated

Country Geolocation

Latitude: 12.862807

Longitude: 30.217636

Country Geolocation (linked ACHPR Decision): Sudan

Primary Documents

386-10 Dr. Farouk Mohamed Ibrahim (represented by REDRESS) v. Sudan.pdf
English
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386-10 Dr. Farouk Mohamed Ibrahim (represented by REDRESS) v. Sudan.pdf
Portuguese
ML TOC
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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. 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 8 4Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms. Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 1 The Member States of the Organization of African Unity parties t o the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.

Treaty

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

rticle 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

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

15Article 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,

Treaty

African Charter on Human and Peoples' Rights

Treaty

147/95_149/96 Sir Dawda K. Jawara v Gambia (The)

ACHPR Decision

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

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

Treaty

275/03 Article 19 v Eritrea

ACHPR Decision

275/03 Article 19 v Eritrea

ACHPR Decision

275/03 Article 19 v Eritrea

ACHPR Decision

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

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

Rules of Procedure of the African Commission on Human and People's Rights

Rule 107 Decision on AdmissibilityOnce it has considered the positions 1. of the parties, the Commission shall make a decision on the admissibility of the Communication and the Secretary shall inform the parties accordingly. Once a Communication has been 2. declared admissible, the Commission shall inform the parties and defer the Communication to the next session for consideration on the merit. The Commission’s decisions on the 3. inadmissibility of Communications shall be notified to the parties and attached to its Activity Report. If the Commission has declared a 4. Communication inadmissible this decision may be reviewed at a later date, upon the submission of new evidence, contained in a written request to the Commission by the author.

ACHPR Soft Law

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- Treaty23
- ACHPR Soft Law1
Cases Referenced4
- ACHPR Decision4
No Label1
- ACHPR Decision1
Location1
- Countries (Geolocation) 1

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