,(~;~)ACH PR
~.'
,m~_
African Commission on
Human and Peoples' Rights
Human Rights our
Cotlecuve Hesponsrbilitv
urging the Government to intervene in the matter with a view to preventing
irreparable harm being caused to the victims". The Complainants noted that the
AU, the UN and other international bodies have called on the Respondent State
and the Sudan People's Liberation Army (SPLA) to end the violations in South
Kordofan as early as 10 June 2011 and to end the violations in Blue Nile starting
September 2011.6
/I
41. The Complainants submitted that the Respondent State failed to take any measures
to respond to the human rights violations committed in South Kordofan and Blue
Nile and there is no indication that the Respondent State had acted upon the
information on the alleged human rights violations in South Kordofan and Blue
Nile.
42. The Complainants further argued that remedies for human . rights violations as
committed in South Kordofan and Blue Nile are ineffective and insufficient in the
Respondent State. According to the Complainants, they are not required to exhaust
any local remedy which is found to be, as a practical matter, unavailable,
ineffective or insufficient. They cite the Co;mmission' s decision in Dawda Jawara v
The Gambia, which states that:
I
A remedy is considered available if the petitioner can pursue it without impediment, it is
deemed effective if it offers a prospect of success, and it is found sufficient if it is capable of
redressing the compiaint.t
43. According to the Complainants, there are no effective domestic remedies for
serious human rights violations such as those alleged in the Communication due
to: (i) shortcomings in Sudan's legal framework, and (ii) a general climate of fear
fostered' by the Respondent State that prevents Victims from seeking remedies
against human rights violations committed by government officials.
44. The Complainants added that broad provisions for immunities for a range of State
officials further means that any remedies" do not offer a prospect of success to
victims of human rights violations in Sudan. In the present case, the violations are
/I
6 United Nations, 'Sudan: UN calls for immediate end to reported army bombing of civilians', 7
September
2011,http://www.un.org/apps/news/story.asp?NewsID=39482&Cr=kordofan&Crl=&Kwl=blue+n
ile&Kw2=&Kw3=; United Nations, 'Sudan: Ban urges end to fighting in Southern Kordofan and Blue
Nil states, 2 September 2011,
http://www.un.org/apps/news/story.asp?NewsID=39444&Cr=Kordofan&Cr1=&Kwl=
. o~~,
Kw2=&Kw3.
(,~£iAR/4r
,:>" c,,<C;
7 Communication 147/95-149/96 - Sir Dauida K. Jawara v The Gambia, para 32.
}'
I~
9
!0
0'"
.o<,:'~
0"" •
<"«'
I,)l.
'U
All 0(9(1n of the
AfriGanr.;···· \
Union ',,,,.
https:lachpr.au.Int!O
0 a