310/05 : Darfur Relief and Documentation Centre / Sudan 1
Summary of Facts
1. This communication is submitted by the Darfur Relief and Documentation Centre (DRDC)
(hereinafter called the complainant), on behalf of 33 Sudanese citizens (hereinafter referred to as
victims) against the Republic of Sudan (hereinafter called the Respondent State).
2. The Complainant states that the victims were hired by the Iraqi - owned Southern Oil Company in
the early 1980s as drivers, mechanics, electricians, cooks, servants and manual workers in the oil
fields of the said company in Basra City (Southern Iraq).
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3. On 22 and 23 February 1983 the said victims were arrested during the first Gulf War between
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Iran and Iraq and taken to Iranian territory on 24 February 1983 as civilian war detainees where they
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were detained in special military prisons, until 5 October 1990 (seven years), when they were
released and repatriated to Sudan.
4. The Complainant submits that while in detention, the victims lost their sources of income and were
unable to communicate with their families and lawyers; they were psychologically and physically
tortured, had no access to medical treatment and could not carry out their religious rituals.
5. Following the victims’ release from prison, the Iraqi government agreed to meet part of the unpaid
salaries for the years that they had spent in Iranian custody. No arrangements were made to pay
compensation, damages or reparations for the suffering caused to the victims during their detention.
6. A total of US$ 500,000, paid in Sudanese currency at the exchange rate of the day of payment,
was to be given to the detainees and divided evenly among all of them. It was agreed by the
governments of Sudan and Iraq that the said amounts would be paid to the victims through the
Ministry of Finance and Economic Planning in Khartoum. (See supporting documents No. 1, 2, and
3).The two governments further agreed that the full amount would be deducted from the debt that
Sudan owed Iraq.
7. The complainant submits further that the Ministry of Finance and Economic Planning in Khartoum
informed the victims about the payment arrangements reached between Sudan and Iraq (See
supporting document No. 4). The victims accepted the payment terms despite the fact that they were
not part of the negotiations that led to the payment agreement reached between Sudan and Iraq. This
included payment in Sudanese currency and yet their salaries had been earmarked in US dollars.
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8. The complainant alleges that on 20 March 1992, the Sudanese Ministry of Finance and Economic
Planning approved the payments to the victims and instructed the bank of Sudan to effect the said
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payments. (See supporting document No. 5). Subsequently, on 15 April 1993 and 10 May 1993, a
total of US$ 167,367 (SP 22,700,000) was paid to the victims as the first instalment. (see supporting
document No.6) Each victim received the equivalent of US$ 5,230. The Ministry of Finance and
Economic Planning promised to pay the remaining balance amounting to US$ 332,633 at a later date.
9. Payment of the remaining balance due to the victim was delayed and the complainant states that
the Ministry of Finance and Economic Planning eventually refused to pay the said amount altogether.
The complainant alleges that the then First Under-Secretary at the Ministry of Finance and Economic
Planning, Mr Hassan Mohamed Taha was responsible for ensuring that the said amounts were not
paid to the victims.
10. The complainant submits that the victims have attempted to use all the legal and political
avenues available in order to have their rights recognised and recover the monies owed them but to
no avail.
Articles alleged to have been violated
11. The Complainant alleges that Articles 1, 2, 5, 7(1)(a), 14 and 16(1) of the African Charter on
Human and Peoples’ Rights have been violated.
12. The complainant requests the African Commission to urge the government of Sudan to -: