Victim's convictions and sentences, the majority of the court based their decision on the
erroneous ground that she was not mentally responsible for her actions. This failure by
the Court of Appeal to uphold the first Victim's right to freedom of religion, as enshrined
in Article 8 of the African Charter and the Interim National Constitution of Sudan, 2005,
has resulted in continued threats to her life from Islamist fundamentalist groups. These
threats have forced her and her family to flee Sudan.
188. It is evident to the Commission that significant violations of Article 8 of the African
Charter occurred. Incorrect assumptions directly hindered the first Victim's ability to
profess and practice her religion, the criminalization of her supposed change in religion,
and disproportionate sentencing. Moreover, the failure of the Court of Appeal to address
these religious aspects has resulted in continued threats to the first Victim's life. It is
imperative that the State takes immediate action to rectify these violations, ensure the
protection of religious freedoms, and provide appropriate redress to the first Victim.
189. For these reasons, the Commission finds thel Respoili;15"ntState
'violating Article 8 of the
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African Charter.
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On alleged Violations
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of Article 12: the Freedom, oj NIovel'
190. Article 12 of the Charter provides:
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(1) Every indipidual shall have the right to freedom of movement and residence within the
borders ofa State, provided he abides by the law.
(2) Every individual shall have the right to leave any country, including his own, and to
return to his countnj. This right may only be subject to restrictions provided by law to
protect national security, law and order, public health, or morality.
191. The Comnussio;
ilt~rs that Article 12(1) and (2) of the African Charter include
various righ~~:
teed~ril:s'::;While(1) provides for freedom of movement and residence
in any part of " State unimpeded, provided that one abides by the laws of the land,lo7
in (2) it is clear th:~t every individual has the right to leave their country and to return to
the same.
192. The cruxes of these, however, in this Communication regard the freedom to reside and
its analogous freedom to move in any part of the state on the one hand and, on the other
hand, the right to leave at one's convenience. Regarding the former, there is no doubt at
this juncture that the freedom of movement for the victims was restrained, apparently
for reasons that their arrest and detention at some points on various dates were not
,
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See, General Comment No.5 on the African Charter on Human and Peoples' Rights: The Righb to Freedom)
Movement and Residence (Article 12(1)) adopted in 2019
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