8. According to the Complainants, Mr. Amir Suliman had meanwhile been summoned to the NISS offices
and was interrogated about the bags and laptops of the two other Complainants. The Complainants submit
that the interrogation and harassment stopped only when they agreed to bring the bags, which resulted in
the release of Mr. Monim Elgak and Mr. Amir Suliman.
9. The Complainants state that Mr. Amir Suliman returned with the bags and one laptop, as well as some
documents and hence was allowed to leave after a thorough search and further questioning.
10. The Complainants aver that Mr. Osman Hummeida was driven to the headquarters of NISS where he
was met by the then Director of Security, Salah Abdallah Mohamed Gosh, who told him that he had been
arrested because of information that he had links with the Office of the Prosecutor of the ICC and had
entered Sudan to gather further evidence. Mr. Osman Hummeida was released shortly after midnight on
Friday, 28 November 2008.
11. They state that Mr. Osman Hummeida and Mr. Monim Elgak left the country shortly thereafter in the
first days of December 2008 as they could not have remained in Sudan safely given the open-ended and
serious nature of the accusations of spying that had been leveled against them, including in the Sudanese
(pro-government) media, 1 and the real risk of being rearrested at any moment.
12. The Complainants also submit 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, and
that the bank account of KCHRED was frozen in February 2009. They further submit that in light of the
threats and the targeting of KCHRED, Mr. Amir Suliman decided to remain outside the country after having
left Sudan for his own safety in early February 2009.
Articles alleged to have been violated
13. The Complainants allege that Articles 1 , 5 , 6 , 7 , 9 , 10 , 15 and 16 of the African Charter on Human
and Peoples' Rights have been violated.
Procedure
14. The Secretariat received the Communication by email dated 10 November 2009, and acknowledged
receipt by letter dated 16 November 2009.
15. By Note Verbale and letter dated 30 November 2009 the Secretariat informed the parties that the
Commission was seized of the Communication at its 46 th Ordinary Session and forwarded a copy of the
Complaint to the Respondent State. The Respondent State was also requested to make its submissions on
Admissibility.
16. During the 47 th Ordinary Session on 22 May 2010 the Secretariat received the Respondent State's
submissions on Admissibility from the delegation of Sudan, and the Secretariat acknowledged receipt and
forwarded the submissions to the Complainants by a Note Verbale and letter dated 16 June 2010.
17. On 23 September 2010 the Secretariat received additional submissions from the Complainant and on
the same date the Secretariat acknowledged receipt, and forwarded the submissions to the Respondent
State.
18. On 14 July 2011 the Complainants requested for an oral hearing, and the request was considered at
the 50 th Ordinary Session and a decision was reached to hear the parties at the 51 st Ordinary Session.
Accordingly, by Note Verbale and letter dated 2 March 2012 both parties were informed to send their
representatives to the 51 st Ordinary Session for the oral hearing.
2