Wakilii

Law office of Ghazi Suleiman v Sudan (Communication 222 of 1998; Communication 229 of 1999)

African Commission on Human and Peoples' Rights · [2003] ACHPR 46 · 2003 Communications Upheld AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communications alleging human rights violations submitted to the African Commission on Human and Peoples' Rights under the African Charter
Decision
Communications upheld; violations established; compensation and legislative reform ordered

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission found Sudan in violation of Articles 5, 6 and 7(1) of the African Charter. Detainees were tortured, arbitrarily arrested without charge, denied access to lawyers and families, publicly declared guilty before trial, refused representation by counsel of their choice, and tried by a military court composed of active military officers lacking independence and impartiality. The Commission held that trying civilians before military courts violates fair trial guarantees and that negative publicity by government officials declaring suspects guilty before conviction breaches the presumption of innocence.

Outcome

Communications upheld; violations established; compensation and legislative reform ordered

Facts

Communication 222/98 concerned three individuals arrested on or around 1 July 1998 and detained without charge by Sudan under the 1994 National Security Act. They were held incommunicado, denied contact with lawyers and families, and allegedly tortured. Their lawyers' requests to visit them were refused, including by the Supreme Court Constitutional Division on 5 August 1998. Communication 229/99 concerned 26 civilians tried by a military court established by Presidential decree and composed mainly of active military officers. The court was empowered to make its own procedural rules. The accused were charged with destabilising the constitutional system and related offences. They were denied assistance of counsel of their choice, including Ghazi Suleiman, and given insufficient time to prepare their defence. The military court's decisions were not subject to appeal. All detainees were later pardoned and released by the President of Sudan at the end of 1999 on condition they renounce their right to appeal.

Issues

  1. Whether Sudan violated Article 5 of the African Charter by subjecting detainees to torture and inhuman treatment.
  2. Whether Sudan violated Article 6 of the African Charter by arbitrarily arresting and detaining individuals without charge.
  3. Whether Sudan violated Article 7(1)(a) of the African Charter by preventing detainees from appealing to competent national organs.
  4. Whether Sudan violated Article 7(1)(b) of the African Charter by publicly declaring suspects guilty before trial.
  5. Whether Sudan violated Article 7(1)(c) of the African Charter by denying detainees the right to counsel of their choice.
  6. Whether Sudan violated Article 7(1)(d) of the African Charter by trying civilians before a military court composed of active military officers.

Orders

  • Sudan found in violation of Articles 5, 6 and 7(1) of the African Charter.
  • Government of Sudan urged to bring its legislation into conformity with the African Charter.
  • Government of Sudan requested to duly compensate the victims.

Rules and key headnotes

Human Rights — Torture and Inhuman Treatment — Incommunicado Detention
Detaining individuals without allowing them contact with their families and refusing to inform families of the fact and place of detention amounts to inhuman treatment both for the detainees and their families, in violation of Article 5 of the African Charter.
Human Rights — Arbitrary Detention — Arrest Without Charge
Arresting and detaining individuals without informing them of the reason for their arrest and without charge constitutes a prima facie violation of the right not to be illegally detained as provided for by Article 6 of the African Charter.
Criminal Law & Procedure — Fair Trial — Presumption of Innocence
Negative publicity by government officials declaring suspects guilty of an offence before a competent court establishes their guilt violates the right to be presumed innocent guaranteed by Article 7(1)(b) of the African Charter.
Criminal Law & Procedure — Right to Counsel — Choice of Counsel
The right to choose freely one's counsel is fundamental for the guarantee of a fair trial. Refusing victims the right to be represented by the lawyer of their choice amounts to a violation of Article 7(1)(c) of the African Charter.
Criminal Law & Procedure — Military Courts — Trial of Civilians
Civilians appearing before and being tried by a military court presided over by active military officers who are still under military regulations violates the fundamental principles of fair trial. Military courts should in no case try civilians.
Criminal Law & Procedure — Judicial Independence — Impartiality
The selection of active military officers to serve as judges violates the requirement that judges be persons of integrity and competence with adequate legal training. The composition of a military court trying civilians gives an appearance of absence of impartiality and constitutes a violation of Article 7(1)(d) of the African Charter.
Human Rights — Remedies — Exhaustion of Local Remedies
The obligations of states under the African Charter are of an erga omnes nature and do not depend on their citizens. The fact that victims were released does not amount to compensation for violation. Changes introduced by a government for better protection of human rights have no effect on past acts of violation.

Legislation cited (14)

  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 6
  • African Charter on Human and Peoples' Rights Article 7(1)(a)
  • African Charter on Human and Peoples' Rights Article 7(1)(b)
  • African Charter on Human and Peoples' Rights Article 7(1)(c)
  • African Charter on Human and Peoples' Rights Article 7(1)(d)
  • African Charter on Human and Peoples' Rights Article 55
  • African Charter on Human and Peoples' Rights Article 56
  • African Charter on Human and Peoples' Rights Article 56(5)
  • International Covenant on Civil and Political Rights Article 9
  • Sudan National Security Act 1994
  • Sudan Criminal Code 1991 Parts 5, 6 and 7
  • Sudan Peoples' Armed Forces Act 1986
  • Sudan Constitution 1998

Cases cited (3)

  • Organisation Mondiale Contre la Torture and Others v Rwanda (Communications 27/89, 46/91, 49/91 and 99/93)
  • Amnesty International and Others v Sudan (Communications 48/90, 50/91, 52/91, 89/93)
  • Media Rights Agenda v Nigeria (Communication 224/98)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Law office of Ghazi Suleiman v Sudan (Communication 222 of 1998; Communication 229 of 1999) [2003] ACHPR 46 (29 May 2003)
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.