139. Article 1 of the Charter stipulates that ... parties to the Charter shall recognise the rights, duties and
freedoms enshrined in the Charter and shall adopt legislative or other measures to give effect to them .
140. The Commission recalls its decision in Sudan Human Rights Organization and Centre on Housing
Rights and Eviction v Sudan in which it held that a violation of any provision of the Charter by a State Party
automatically engages its responsibility under Article 1 . 42
141. The Commission considers that if a State Party fails to respect, protect, promote or fulfill any of the
rights guaranteed in the Charter, this constitutes a violation of Article 1 of the Charter. In the present
Communication, the Commission has reached the conclusion that the Respondent State violated Articles 5
, 6 , 9 , 10 , 12 , 15 and 16 of the Charter. As a consequence, the Commission considers that the
Respondent State failed in upholding its obligation to take measures to give effect to the rights violated.
Decision of the African Commission on Merits
142. Based on the above, the African Commission on Human and Peoples' (sic!):
i. Finds that the Republic of The Sudan has violated the rights of Mr. Amir Suliman in relation to Articles 1 ,
5 , 6 , 9 , 10 , 12 , 15 and 16 ; Mr. Monim Elgak in respect of Articles 1 , 5 , 6 , 9 , 10 , 12 and 16 and Mr.
Osman Hummeida in respect of Articles 1 , 5 , 6 , 9 , 10 , 12(1) and 16 of the African Charter on Human
and Peoples' Right.
ii. Finds that the Republic of The Sudan is not in violation of Article 7 of the Charter.
iii. Requests the Republic of The Sudan to:
1. Pay adequate compensation to the Complainants named in the present Communication in
accordance with the domestic law of The Sudan for the rights violated;
2. Investigate and prosecute all those persons who participated in the illegal incarceration and torture
of the Complainants; and
3. Reopen and unfreeze the bank accounts of KCHRED.
iv. (sic!) Inform the Commission, in accordance with Rule 112(2) of the Commission's Rules of Procedure,
within one hundred and eighty days of the notification of the present decision, of the measures taken to
implement the present decision.
Done in Banjul, The Gambia at the 15 th Extra Ordinary Session of the African Commission on
Human and Peoples' Rights held from 07 to 14 March 2014.
1 Sudan human rights activist released but charged with espionage , Sudan Tribune, 29 November 2008
2 Special Rapporteur, UN Doc. A/HRC/11/14 , above n.3, para.10.
3 Report prepared by the Special Rapporteur on the situation of human rights in the Sudan on status of
implementation of the "Compilation of recommendations of the experts group to the Government of the
Sudan for the implementation of Human Rights Council resolution 4/8" pursuant to Human Rights Council
resolutions 6/34 , 6/35, 7/16, and 9/17, UN Doc. A/HRC/11/14/Add.1. , June 2009, Recommendations 1.6.1
× Do not subject human rights defenders to arbitrary detentions, physical abuse and harassment as a tool
for silencing their criticisms of human rights violations in the Darfur region and for providing legal assistance
18