that they are immune from suit, and was denied the right to habeas corpus, thus
asserting there are legal impediments which prevented him from seeking a
remedy before the domestic courts. The Complainant also reiterates that the
State had knowledge of the alleged violations since it was published in the
media and known to the UN Independent Expert on the Human rights situation
in Sudan, amongst others, from the early stages of his detention.
69. In relation to the assertion of the State that an investigation is ongoing, the
Complainant submits that the State does not provide sufficient information
about the terms of reference of the investigation, whether witnesses had been
heard, which evidence had been produced and whether there had been any
findings. In addition, the Complainant submits that neither he nor his lawyer
were aware of or contacted in relation to the investigations, stating that even if
there is such an investigation, it does not provide an effective remedy.
70. The Complainant in addition submits that while the State refers to a number of
judicial bodies, including the Constitutional Court, and states that these are
easily accessible, effective and independent, in the case of Article 19 v Eritrea, the
Commission has held that to demonstrate the availability, effectiveness and
sufficiency of the remedies, the State cannot just list "in abstracto the existence of
remedies without relating them to the circumstances of the case and without
showing how they might provide effective redress in the circumstances of the
case."14
71. In relation to the submission of the State that habeas corpus was an available
remedy, the Complainant submits that the State misrepresented the argument
of the Complainant. The Complainant submits that while he never contested
that habeas corpus exists under Sudanese law, the Complainant had argued that
the legal framework under which he was arrested, namely the Emergency and
Protection of Public Safety Act, did not provide for hnbeas corpus, permitting
preventative arrest and detention without judicial oversight. In addition he
submits that there was no record of his arrest or detention, making it impossible
to establish who was responsible for his arrest and detention, and that he had
no access to a lawyer for more than 20 days of his arrest and that he was at no
point brought before a judge, and given that habeas corpus cases need to be dealt
with promptly, he submits that this failed to serve as an effective remedy. He
further submits that the State had failed to relate the provision of the
Constitutional Court Act providing for habeas corpus with the Emergency laws
and the current facts.