Prayers: 28. The Complainant requests the African Commission on Human and Peoples' Rights (the African Commission) to: a. Recognise the violation of articles 1, 5, 6 7 and 9 of the African Charter; b. Request payment of adequate compensation for the violations of the rights above-mentioned, and the amount awarded by the Commission should reflect the following elements of damages in line with international standards set out in the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law4 and the jurisprudence of international human rights treaty bodies and regional human rights courts: 5 i. material damages, including costs for medical treatment, medical, psychological and social services, legal or other expert assistance; ii. loss of earnings and loss of earning potential; iii. lost opportunities, including employment and education, which damages are sometimes referred to as special damages;6 and iv. Moral damages.7 The amount of compensation sought would be specified in a later submission. c. Request the commencement of an effective and impartial investigation into the circumstances of his arrest and detention and the subsequent treatment. In that regard, existing immunities should be lifted with regards to any officer suspected of being responsible for any of the violations, and adequate protection to witnesses, such as grant of anonymity, escorts, and relocation, as necessary, should be provided during the investigation and thereafter if needed. Also, where sufficient evidence of misconduct or criminal conduct is found, the suspected perpetrators should be tried and adequately punished if found guilty; d. Request public acknowledgment and apology to the Complainant for the violations suffered; e. Request amendment of the legislation of the Respondent State that are incompatible with the African Charter so that Sudanese laws, in particular the National Security Act: (i) provide protection, either by removing the powers of arrest and detention altogether [guaranteeing] a right to habeas corpus; (ii) repress violations, such as making torture a criminal offence by using the internationally recognized definition of torture and by making it subject to adequate punishment; and (iii) effectively counter impunity and provide effective remedies. This should entail the repeal of immunity provisions and the provision of an explicit right to a remedy and reparation for victims of serious human rights violations, including torture and arbitrary arrest and detention; and f. Request the training of members of the security services on relevant standards concerning adherence to custodial safeguards and the prohibition of torture.

Sélectionner le paragraphe cible3