Wakilii

Dr. Amin Mekki Medani and Mr. Farouq Abu Eissa v Republic of Sudan (Communication 511-15)

African Commission on Human and Peoples' Rights · [2022] ACHPR 3 · 2022 Communication Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication before the African Commission on Human and Peoples' Rights alleging violations of the African Charter arising from arrest, detention, and prosecution of human rights defenders
Decision
Communication declared admissible and violations found; Respondent State ordered to pay compensation, investigate and prosecute perpetrators, and implement legislative and institutional reforms

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission held that Sudan violated Articles 1, 5, 6, 7(1)(c) and (d), 9(2), and 10 of the African Charter. The victims, prominent human rights defenders arrested after signing the Sudan Call political declaration, were subjected to arbitrary arrest, incommunicado detention for sixteen days without access to lawyers or family, torture and inhuman treatment through poor detention conditions and denial of medical care, denial of prompt judicial review, and restrictions on their rights to freedom of expression and association. The Commission found Sudan's National Security Act 2010 incompatible with the Charter and ordered compensation, investigation and prosecution of perpetrators, and legislative reforms.

Outcome

Communication declared admissible and violations found; Respondent State ordered to pay compensation, investigate and prosecute perpetrators, and implement legislative and institutional reforms

Facts

Dr. Amin Mekki Medani (75, diabetic, hypertensive) and Mr. Farouq Abu Eissa (81, diabetic, heart condition) were prominent Sudanese human rights defenders and political activists. On 3 December 2014, they participated in negotiations in Addis Ababa that produced the Sudan Call, a political declaration calling for cessation of conflicts and democratic reforms in Sudan. On 6 December 2014, both were arrested by Sudan's National Intelligence and Security Service (NISS) without warrant or stated reasons. They were held incommunicado for sixteen days without access to lawyers or family, detained in small cells with poor conditions, denied adequate medical care despite serious health conditions, and not informed of charges. On 21 December 2014, they were transferred to Kober Prison. On 12 February 2015, they were charged under the Anti-Terrorism Act with offences carrying the death penalty. On 9 April 2015, the Minister of Justice stayed proceedings and they were released. The First Victim's health deteriorated severely after release and he died on 31 August 2018.

Issues

  1. Whether the arrest and detention of the victims without charge and without access to lawyers or family for sixteen days violated their right to personal liberty under Article 6 of the African Charter.
  2. Whether the incommunicado detention and conditions of detention amounted to torture or inhuman treatment in violation of Article 5 of the African Charter.
  3. Whether the victims were denied the right to a fair trial, including prompt judicial review of detention and access to counsel, in violation of Article 7(1)(c) and (d) of the African Charter.
  4. Whether the arrest and detention of the victims for participating in political negotiations and signing the Sudan Call violated their right to freedom of expression under Article 9(2) of the African Charter.
  5. Whether the arrest of the victims and raid on the offices of the Sudanese Human Rights Monitor violated their right to freedom of association under Article 10 of the African Charter.
  6. Whether the Respondent State failed in its positive obligations to investigate violations and provide effective remedies under Article 1 of the African Charter.

Orders

  • The Respondent State violated Articles 1, 5, 6, 7(1)(c) and (d), 9(2) and 10 of the African Charter.
  • The Respondent State shall pay adequate compensation to the First Victim for loss of earnings, medical expenses, physical and emotional suffering, and damages.
  • The Respondent State shall pay adequate compensation to the family of the deceased Second Victim for loss of earnings, medical expenses, emotional suffering and damages.
  • The Respondent State shall promptly and independently investigate, prosecute, and punish all State actors responsible for the unlawful detention, torture and inhuman treatment of the Victims.
  • The Respondent State shall continue to reform laws, policies and practices incompatible with the African Charter, including further amendment of the National Security Act 2010 and Criminal Procedure Act 1991.
  • The Respondent State shall adopt and implement procedural safeguards for the prevention of torture as required under the Robben Island Guidelines.
  • The Respondent State shall implement Principles and Guidelines to safeguard the right to fair trial.
  • The Respondent State shall train Security Officers on custodial safeguards and prohibition of torture.
  • The Respondent State shall improve conditions of detention and reform prisons in accordance with international standards.
  • The Respondent State shall inform the Commission within 180 days of measures taken to implement this decision.

Rules and key headnotes

Arbitrary Arrest and Detention — National Security Act Permitting Detention Without Judicial Review
A law permitting security officials to detain individuals for up to four and a half months without judicial review is arbitrary in nature, impinges on the fundamental right to personal liberty, and violates Article 6 of the African Charter regardless of whether the arrest was conducted pursuant to that law.
Torture and Inhuman Treatment — Incommunicado Detention and Denial of Medical Care
Incommunicado detention for sixteen days without access to family or lawyers, combined with poor detention conditions including inadequate food, lack of proper bedding, extreme temperatures, constant lighting, and denial of necessary medical care to diabetic and hypertensive detainees, constitutes torture and inhuman treatment in violation of Article 5 of the African Charter.
Right to Fair Trial — Prompt Access to Judicial Review and Legal Counsel
Detaining individuals for two months without charge, denying access to legal counsel for two weeks, and failing to bring detainees promptly before a judge to determine the legality of detention violates the right to fair trial under Article 7(1)(c) and (d) of the African Charter, as the right to legal counsel begins upon arrest and judicial review must be immediate.
Freedom of Expression — Arrest for Political Participation
Arresting and detaining individuals for participating in political negotiations and signing a declaration calling for peace, democratic reforms, and protection of human rights does not serve a legitimate aim and constitutes a disproportionate and unnecessary restriction on freedom of expression in violation of Article 9(2) of the African Charter, particularly where the declaration advocates political rather than armed approaches and poses no threat to collective security.
Freedom of Association — State Interference with Civil Society Organizations
Raiding the offices of a human rights organization, temporarily detaining participants in a workshop, and confiscating documents and laptops constitutes arbitrary interference with the right to freedom of association in violation of Article 10 of the African Charter, as States have both a negative obligation to refrain from interference and a positive obligation to secure the effective enjoyment of associational rights.
Exhaustion of Local Remedies — Immunity of Security Officials
Where security officials enjoy statutory immunity from prosecution and their decisions are not subject to judicial review, domestic remedies are inadequate and ineffective for purposes of Article 56(5) of the African Charter, and complainants are not required to exhaust such remedies before bringing a communication to the African Commission.
State Obligations — Duty to Investigate and Provide Effective Remedies
A State's failure to thoroughly investigate violations of the African Charter, to establish effective judicial procedures to impose sanctions on violators, and to grant reparation to victims violates Article 1 of the Charter, particularly where the State was aware of the violations through court petitions, media reports, and international communications but took no action to remedy them.

Legislation cited (7)

  • African Charter on Human and Peoples' Rights Articles 1, 5, 6, 7(1)(c), 7(1)(d), 9(2), 10
  • National Security Act 2010 (Sudan) Articles 50, 51, 52
  • Criminal Procedure Act 1991 (Sudan) s.58(1), s.83
  • Anti-Terrorism Act 2001 (Sudan) Articles 5, 6
  • Constitution of Sudan 2005 Articles 26, 27, 28, 29, 34(2)
  • International Covenant on Civil and Political Rights Articles 6, 9
  • Constitutional Court Act 2005 (Sudan) Articles 15(1)(d), 16(1)(c)

Cases cited (19)

  • Constitutional Rights Project v Nigeria
  • Sir Dawda K. Jawara v The Gambia (Communications 147/95 & 149/96)
  • Amnesty International and Others v Sudan (Communication 48/90-50/91-89/93)
  • Michael Majuru v Zimbabwe (Communication 308/2005)
  • Darfur Relief and Documentation Centre v Sudan (Communication 310/05)
  • Article 19 v Eritrea (Communication 275/03)
  • Haregewoin Gabre-Selassie and IHRDA (on behalf of former Dergue Officials) v Ethiopia
  • Monim Elgak and Others v Sudan (Communication 379/09)
  • Krishna Achuthan and Others v Malawi (Communication 64/92, 68/92, 78/92)
  • Patrick Okiring and Agupio Samson v Uganda (Communication 339/2007)
  • Media Rights Agenda v Nigeria (Communication 244/98)
  • Egyptian Initiative for Personal Rights and INTERIGHTS v Egypt (Communication 323/06)
  • Hassan Ishag Ahmed v Sudan (Communication 577/15)
  • Law Office of Ghazi Suleiman v Sudan (Communications 222/98 and 229/99)
  • Ocalan v Turkey
  • Huri Laws v Nigeria (Communication 225/98)
  • Lawyers for Human Rights v Swaziland
  • Civil Liberties Organisation v Nigeria
  • Ouranio Toxo and Others v Greece

Full judgment

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Dr. Amin Mekki Medani and Mr. Farouq Abu Eissa v Republic of Sudan (Communication 511-15) [2022] ACHPR 3 (9 November 2022)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.