c� r) 6�t!,EB J)-CHP� Human s;ghts our Human and Peoples' Rights Collective Responsibility 74. The Complainant argued that the Respondent State should have exercised due diligence in enacting legislation, conducting investigations, and providing effective remedies to uphold the principles of the African Charter. According to the Complainant, the existing Sudanese legislation inadequately addresses and prevents human rights violations, particularly concerning arbitrary arrest, detention, and torture, as well as safeguarding rights such as legal representation, medical consultation, and habeas corpus. mrr.rx: • 75. The Complainant asserted that the laws of the Respondent State do not impose a clear obligation on the Prosecution Attorney to initiate investigations into allegations of torture either ex officio or following a complaint. He further highlighted that initiating a criminal case against a member of the NISS necessitates lifting legal immunity, typically authorized by the head of the NISS. However, in practice, such authorization is rarely granted, leading to a lack of investigations and a culture of impunity in cases involving torture. 76. The Complainant contended that the Respondent State failed in its positive obligation to conduct an effective investigation. According to the Complainant, despite the violations occurring in May 2011, there was no apparent progress in terms of investigative measures, and a substantial delay of over two years occurred before an investigation was even initiated. This delay is seen as a violation of the duty to promptly, effectively, and impartially investigate allegations of torture. The Complainant further argued that there are no apparent or compelling reasons for the authorities' failure to initiate an investigation despite being fully aware of the allegations. Alleged violation of Article 2 of the African Charter (Right to non-discrimination) 77. The Complainant alleged that he was subjected to derogatory labeling based on his perceived Jewish background. Additionally, he was questioned about his ancestry and subjected to interrogation due to his inability to speak Arabic despite being fluent in Polish. The Complainant further claimed that certain mistreatment directed at him seems to be rooted in his part-Polish ethnicity, which raised suspicions about his potential Jewish identity and potentially associated him with being either a British or Israeli spy. 78. In regard to the interrogation at the NISS headquarters, t asserted that he was subjected to targeted questioning conce ; ,: Poland, his proficiency in Polish instead of Arabic, and his ass - Afri�an f1.)'\ Union 'i�,:1. An Organ o! lh• 17 West Coast Region, The G ambia Phone: (220) 230 4361 Fax: (220) 441 OS 04 Email: au-banjul@africa-union.org https:/achpr.au.mt/0 0 a