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Human R;gh� ou,
Human and Peoples' Rights
Collective Responsibiltty
92. The Complainant submitted that his property, including clothing, standard
electronics, and books, which had been cleared for entry into Sudan by customs
officials, was subjected to a search and seizure. He further asserts that some of
the confiscated property was not returned, and some returned items were
found to be broken or damaged.
mm:o
•
93. The Complainant argued that he was not provided with any evidence or
justification for the search and seizure of his property, nor was he provided
with any explanation of the public need or community interest that would have
justified such actions. Additionally, the Complainant contended that the
subsequent destruction of the confiscated property without offering any
reimbursement or compensation further compounds the violation.
94. Based on these circumstances, the Complainant alleged that the confiscation
and damage to his property violate Article 14 of the African Charter.
Alleged violation of Article 16 of the African Charter (Right to Health)
95. The Complainant asserted that he was denied access to medical care and
subjected to the injection of an unknown substance by the Respondent State,
thereby violating his right to enjoy the best attainable state of physical and
mental health.
96. The Complainant argued that the resulting deterioration in his health, as a
direct consequence of the torture inflicted upon him, can be attributed to the
Respondent State as the perpetrator of the torture.
97. The Complainant asserted that his deteriorating health, which resulted from
acts of torture, the denial of access to medical care, and the injection of an
unknown substance, constitutes a violation of Article 16 of the African Charter.
Commission's Analysis of the Merits
98. The Respondent State has failed to respond to the Secretariat's requests for
submissions on the Merits. In this circumstance, the Commission will make
decisions based on the information provided by the Complainant. 21 To do so
entails reviewing the evidence and/ or submissions put forward by the
Complainant and ascertaining the veracity of the evidence/ or s
21 Communication 105/93, 1 28/94, 1 30/94, 1 52/96 - Media Rights Agenda & Others v Nigeria para 86
232/99 - John Ouko v Kenya para 21.
An O!gon of the
Afriqan ((\;»
Union ,.�..-/
21
African Comm
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Email: au-banjul@africa-union.org
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