They cite the Resolution on the Right to Recourse and Fair Trial which provides that, it is not sufficient for the persons who are arrested to be able to guess why they have been arrested but they must be told by way of official notification. 84. It is also submitted that all three Complainants were not allowed access to a lawyer during their interrogation. The Complainants maintain that all these constitute a violation of the right to a fair trial. Alleged Violation of Article 9 85. The Complainants submit that at the time of their arrest, they were widely known in and outside Sudan for their work on human rights in Sudan. The Complainants claim that they were arrested and interrogated on account of their human rights work. They state that the purpose of their arrest, detention, interrogation and subsequent torture and ill-treatment by NISS officers was to intimidate them and to hinder if not altogether prevent them from fulfilling their work as human rights activists. The Complainants state that measures taken by the NISS were aimed at preventing them from obtaining and disseminating information about human rights in Sudan and this constituted an unjustified infringement of their right to freedom of information and expression and amounted to a violation of Article 9 of the Charter. Alleged Violation of Article 10 86. It is contended that in December 2008 and January 2009, Mr. Amir Suliman and the KCHRED, of which he was a Director, were subjected to a campaign of harassment and intimidation, which manifestly violated the Respondent State's obligations under Article 10 of the Charter. It is submitted that KCHRED also had its bank accounts frozen in February 2009 and its licence revoked in early March 2009 by the Government of Sudan. According to the Complainants, the closing of KCHRED and its bank accounts is clearly a deliberate action by the Respondent State aimed at destabilizing the work of the Mr. Amir Suliman and his organisation which was accused of cooperating with the ICC Prosecutor's Office, in breach of the right to freedom of association as protected by Article 10 of the Charter. Alleged violation of Article 12(1) (2) 87. The Complainants submit that they were arrested, tortured and detained on account of their human rights work which was subsequently followed by a campaign of harassment and intimidation by the authorities, eventually leading to the shutdown of KCHRED. It is submitted further that the open ended and serious nature of the accusations of spying that had been levelled against them, and the real risk of being rearrested at any moment, forced Mr. Osman Hummeida and Mr. Monim Elgak to flee the country in early December 2008 and Mr. Amir Suliman to do so in early February 2009. 88. The Complainants point out that their continued human rights work including their outspoken criticism of the government of Sudan, in combination with the complete impunity with which the authorities perpetrated the violations against them, has prevented them from returning to Sudan for fear of further persecution by state authorities, in particular the NISS. The Complainants cite the Commission's decision in John D. Ouko v Kenya22 in which the Commission found a violation of Article 12 of the Charter where a human rights defender was forced to flee the country on account of his human rights work. Alleged violation of Article 15 89. It is submitted that Mr. Amir Suliman's right to work was directly interfered with by the Respondent State following the closure of KCHRED which prevented the organization from carrying out any of the work from 11

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