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Law office of Ghazi Suleiman v Sudan (Communication 228 of 1999)

African Commission on Human and Peoples' Rights · [2003] ACHPR 47 · 2003 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication alleging human rights violations before the African Commission on Human and Peoples' Rights
Decision
Sudan found in violation of multiple Charter provisions; ordered to amend domestic legislation to protect fundamental freedoms

Observed later treatment

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Holding

The African Commission found Sudan in violation of Articles 6, 9, 10, 11, and 12 of the African Charter. The communication was admissible because domestic remedies were unavailable where the National Security Act 1994 barred judicial review of security officials' actions. Sudan violated Mr. Ghazi Suleiman's rights to freedom of expression, association, assembly, and movement by arresting, detaining, threatening, and preventing him from engaging in human rights advocacy. The Commission ordered Sudan to amend its laws to provide de jure protection for these rights.

Outcome

Sudan found in violation of multiple Charter provisions; ordered to amend domestic legislation to protect fundamental freedoms

Facts

Mr. Ghazi Suleiman, a human rights lawyer and principal partner in the Law Office of Ghazi Suleiman in Khartoum, was invited to deliver a public lecture on human rights in Sinnar, Blue Nile State, on 3 January 1999. Security officials prohibited him from travelling and threatened arrest if he proceeded. Between January 1998 and May 2002, Mr. Suleiman was subjected to repeated arrests (7 April 1999, 8 June 1999, 26 March 2000, 9 December 2000, 9 May 2002), an attack on his office and person (17 November 1999), and ongoing threats and harassment by Sudanese security forces. These actions were directed at him because of his human rights advocacy, public speeches on democracy and human rights, and encouragement of the government to respect human rights. The National Security Act 1994 precluded judicial review of security officials' actions and granted them immunity from prosecution.

Issues

  1. Whether the communication was admissible despite non-exhaustion of domestic remedies where the National Security Act 1994 precluded judicial review and provided immunity to security officials.
  2. Whether Sudan violated Mr. Ghazi Suleiman's right to freedom of expression under Article 9 of the African Charter by arresting, detaining, and threatening him for human rights advocacy.
  3. Whether Sudan violated Mr. Ghazi Suleiman's rights to freedom of association and assembly under Articles 10 and 11 of the African Charter by preventing him from gathering with others to discuss human rights.
  4. Whether Sudan violated Mr. Ghazi Suleiman's right to freedom of movement under Article 12 of the African Charter by prohibiting him from travelling to Sinnar to deliver a human rights lecture.

Orders

  • Communication declared admissible.
  • Republic of Sudan found in violation of Articles 6, 9, 10, 11 and 12 of the African Charter on Human and Peoples' Rights.
  • Government of Sudan requested to amend its existing laws to provide for de jure protection of the human rights to freedom of expression, assembly, association and movement.

Rules and key headnotes

Admissibility — Exhaustion of Domestic Remedies — Unavailability Where Legislation Bars Judicial Review
The requirement to exhaust domestic remedies under Article 56(5) of the African Charter does not apply where legislation expressly precludes judicial review of the impugned acts and grants immunity to perpetrators, rendering remedies unavailable in practice.
Freedom of Expression — Human Rights Advocacy — Protection of Political Speech
Freedom of expression under Article 9 of the African Charter is a cornerstone of democracy and is of special value when directed towards the promotion and protection of human rights, deserving heightened protection against state interference.
Freedom of Association and Assembly — Restriction for Human Rights Activities
A state violates Articles 10 and 11 of the African Charter when it prevents an individual from gathering with others to discuss human rights and punishes him for doing so, absent justification that the restriction is necessary and proportionate to a legitimate aim.
Freedom of Movement — Internal Travel Restrictions — Prohibition on Human Rights Activities
A state violates Article 12 of the African Charter when security officials prohibit an individual from travelling within the country to engage in human rights advocacy, absent demonstration that the restriction is necessary and proportionate.
Proportionality — State Interference with Fundamental Rights — Human Rights Defenders
State actions that prohibit or punish the exercise of fundamental rights by human rights defenders are disproportionate where the state offers no alternative means of expression and the advocacy has never caused civil unrest or threatened legitimate state interests.

Legislation cited (11)

  • African Charter on Human and Peoples' Rights Article 6
  • African Charter on Human and Peoples' Rights Article 9
  • African Charter on Human and Peoples' Rights Article 10
  • African Charter on Human and Peoples' Rights Article 11
  • African Charter on Human and Peoples' Rights Article 12
  • African Charter on Human and Peoples' Rights Article 56(5)
  • African Charter on Human and Peoples' Rights Article 60
  • National Security Act 1994 (Sudan)
  • Constitution of Sudan 1998 Article 23
  • Constitution of Sudan 1998 Article 25
  • Constitution of Sudan 1998 Article 26

Cases cited (4)

  • Amnesty International and Others v Sudan (Communications 48/90, 50/91 and 89/93)
  • Sir Dawda K. Jawara v The Gambia (Communications 147/95 and 149/96)
  • Civil Liberties Organisation v Nigeria (Communication 129/94)
  • Media Agenda and Constitutional Rights Project v Nigeria (Communications 105/93, 128/94, 130/94 and 152/96)

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 228 of 1999) [2003] ACHPR 47 (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.