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22 March 1995 |
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Communication No. 92/93 |
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AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS |
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17th Ordinary Session |
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13 - 22 March 1995 |
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International Pen (in respect of Kemal al-Jazouli) |
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v. |
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Soudan |
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Decision |
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PermaLink: |
http://www.worldcourts.com/achpr/eng/decisions/1995.03.22_International_PEN_v_Sudan.htm |
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Citation: |
International PEN v. Sudan,
Decision, Comm. 92/93 (ACmHPR, Mar. 22, 1995) |
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Publications: |
IHRDA, Compilation of Decisions on
Communications of the African Commission On Human and Peoples’
Rights Extracted from the Commission’s Activity Reports 1994-2001,
at 334 (2002); Documents of the African Commission on Human and
Peoples’ Rights, at 394 (Malcolm D. Evans & Rachel Murray eds.,
2001); (2000) AHRLR 296 (ACHPR 1995) |
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THE FACTS
1. The communication concerns one Kemal al-Jazouli, who was held
incommunicado without charge from March to June 1992. During this period he
had no opportunity to challenge his detention in a court of law.
COMPLAINT
2. The complaint alleges violation of Articles 6 and 7 of the African
Charter.
DECISION
3. The Commission is of the opinion that none of the information given
whether taken individually or together can constitute exhaustion of local
remedies. The victim was tried in June 1992 and the complaint was lodged
with the Commission in March 1993. He had ample freedom to exhaust local
remedies before he approached the Commission. The fact that the Government
has in general terms denied the existence of incommunicado detentions in
Sudan does not amount to saying that the case has been tried in Sudanese
courts.
FOR THESE REASONS, THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
declares the communication inadmissible for non-exhaustion of local
remedies. |
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