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citing Hawa Abdallah (represented by the African Centre for Justice and Peace Studies) v
Sudant! and the Amnesiu International and others v. Sudan.82
104. The Complainant reckoned that the obligations to investigate, prosecute and punish the
perpetrators of the crime of Torture, are in line with standards contained in several
international and regional treaties, and soft laws, naming for instance, the UN
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment;83 the Maputo Protocol+ the UN Report of the Special Rapporteur on
Torture;85 as well as in instruments such as the Body of Principles for the Protection of
All Persons Under Any Form of Detention or Imprisonment.w the Standard Minimum
Rules for the Treatment of Prisoners.V
105. In the present case, as set out, the complainants submitted that the investigation of the
First Victim's complaint regarding her ill-treatment and torture by military officials fell
short of these standards. The investigation was continuously delayed and was carried
out by military officials in a partial fashion as is also evident from the military
prosecutor's biased questioning of the First Victim.
106. They added that no diligent attempts were made to hold anyone accountable for the
violations. The military doctor accused of the forced genital examination was charged
with a public act of indecency an offence associated with a maximum prison sentence
of one year, which does not reflect the gravity of the First Victim's complaint. The First
Victim received several threatening phone calls following her attempts to obtain
justice.v
81 Communication
401/11, para.57 (Admissibility)
African Commission, Amnesty International and Others v Sudan, Communications 48/90, 50/91, 52/91,
89/93, para.56.
83 See, Article 13 of the Convention against Torture
82
84 Protocol to the African Charter
on Human and Peoples' Rights on the rights of women in Africa, Article 4 (e)
Report of the Special Rapporteur on Torture, E/CN.4/2004/56, 23 December 2003, para. 39 and General
Recommendations of the Special Rapporteur on Torture, E/CN.4/2003/68, 17 December 2002, para. 26(i).
85
241 P age