Summary
In 2012, the African Commission on Human and People’s Rights (Commission) accepted this communication as admissible for consideration. The case was filed on behalf of three prominent human rights defenders working in Sudan, Monim Elgak, Amir Suliman and the late Osman Hummaida, who were targeted for their alleged cooperation with the ICC in its investigation of several Sudanese political leaders. The three men were arrested by Sudan’s National and Intelligence Services (NISS), tortured and maltreated for three days. Afterwards, they were effectively compelled to flee Sudan due to their fear of further persecution, in light of the impunity enjoyed by the security and intelligence services. One of the three complainants, Suliman, was the Director of the Khartoum Centre for Human Rights and Environmental Development (KCHRED), which was shut down by the Sudanese authorities and also had its bank account frozen, as part of the persecution strategy.
In its decision published on 10th March, 2015, the Commission held that in its brutal mistreatment of the three human rights defenders, the Sudanese government had violated several articles under the African Charter on Human and Peoples’ Rights, including, among others, provisions pertaining to the rights to dignity and to freedom from torture (Art. 5), liberty and security (Art. 6), work (Art.15) and health (Art. 16).
In upholding the right to health, the Commission found the Sudanese government accountable for breaching the right on grounds of the physical and psychological harm the complainants suffered due to their detention. In addition, the Commission held that the State violated Mr. Hummeida’s right to health by failing to take necessary measures to lower his high blood pressure, and thus protect his health, especially given that he was in State custody. Instead they left him in a situation that was life-threatening. Elaborating on the labor rights aspect of the case, the Commission held that the Sudanese government had interfered with Mr. Suliman’s right to work when it closed down KCHRED and froze its bank account without any legitimate reason, resulting in the loss of his source of income.
In its recommendations, the Commission called on Sudan to pay adequate compensation to the complainants, investigate and prosecute all persons who participated in their illegal incarceration and torture, and reopen and unfreeze the bank accounts of KCHRED.