loser and states further that the Charter requires that there is compliance with the law when rights of
individuals and groups are discussed. It goes further to state that it is unacceptable to say that the
judgments passed by the courts are in violation of human rights, that these judgments testify to the
reality and are in keeping with the letter and spirit of the African Charter and the AU Charter and that
any assumption contrary to that shall be tantamount to denying the courts of the member States of
their functions.
49. The State goes further to state that the international human rights instruments recognise the
sovereignty of States and the rule of the natural law existing in these States and that any assumption
to the contrary is itself a blatant violation of the law.
50. The Respondent State further submits that the complaint is not in compliance with Article 56(3) of
the African Charter, which provides that a communication brought before the Commission should not
be written in insulting or disparaging language. The State contends that the complainants’
submissions, especially in para. 40 of the communication contained statements which had improper
utterances against officials as well as the methods of the application of justice and the rule of law in
the Sudan.
51. The Respondent State also submits that the complaint is not in conformity with Article 56(6) of the
African Charter, which provides that a communication should be brought within a reasonable time after
the exhaustion of local remedies. The State contends that the present communication was brought
before the Commission after the expiration of 31 months of the court’s judgement.
52. That for these reasons the communication should be declared inadmissible by the African
Commission.
Summary of the complainants’ reply to the Respondent State’s submission on admissibility
53. The complainant alleges that though the Supreme Court is the highest court in the Sudan, the
Civil Procedures Act of Sudan provides that the “Supreme Court shall have jurisdiction to determine:
Objection by way of cassation against the decisions and orders of the Courts of Appeal concerning
objections against administrative decisions.”
54. The complainant also argues that the communication does not have to do with, nor were it
brought before the Shar’ia Courts; it is a civil suit which was properly brought before the civil law
circuit.
55. Also the complainant submits that the final decision of the High Court which dismissed their case
was handed to them by the registrar, more than three months after its pronouncement by the court.
This delay prevented the petitioners from bringing an application for review of the Supreme Court’s
judgment within the prescribed period of 15 (fifteen days).
56. On the contention of the Respondent State that they could bring their matter before the
Constitutional Court, the complainants state that the Sudan’s Constitutional Bill of 2005, outlines the
jurisdiction, functions and powers of the Constitutional Court. This Bill provides that the Constitutional
Court has no jurisdiction to review judgements, decisions, proceedings, and orders passed by the
judiciary. This means that the Constitutional Court lacks the competence to entertain matters that were
already dealt with by other Courts.
57. The complainant also alleges that the victims’ ordeal with the Sudanese authorities has been
going on since 1993, when the Ministry of Finance and Economic Planning failed to pay the remaining
balance of the funds. The victims then started proceedings in the courts in 2000, which was finally
dismissed by the High Court in June 2003, and according to the Complainants, the victims have
exhausted all means possible at their disposal to recover their outstanding funds to no avail.
58. The complainant also allege that the judiciary of the Sudan is not independent of the government
in the discharge of its duties. This it alleges is due to the fact that the country is ruled by a totalitarian
military regime. That the government pursues a systematic policy of tight control and domination at all
levels of the State apparatus including the judiciary.
59. The complainant alleges that in view of the above facts, it has exhausted all possibilities for local
remedy in the Sudanese courts and seek that the African Commission finds this communication
admissible.