In 2003 an armed group known as the Sudan Liberation Movement/Army issued a political declaration and clashed with respondent State’s armed forces. The Respondent State engaged in a succession of human rights violations against suspected insurgents, including the rape of women and girls. The respondent state denied several of the allegations, argued that local remedies were not exhausted, and submitted that the claims had already been settled by other international mechanisms. The Commission noted that “cases of sexual and gender based violence against women and girls in and outside IDP camps have been a common feature of the Darfur conflict. The right to liberty and security of the person, for women and girls, and other victims of the Darfur conflict has remained an illusion.” The Commission held that the respondent State violated Articles 1, 4, 5, 6, 7(1), 12(1) and (2), 14, 16, 18(1) and 22 of the African Charter. The Commission recommended that the State take all necessary and urgent measures to ensure protection of victims of human rights violations in the Darfur region, including: conducting effective official investigations into abuses committed by members of military forces, undertake major reforms of its legislative and judicial framework, take steps to prosecute those responsible for human rights violations, and take measures to ensure that victims of human rights abuses are given effective remedies.
Eight female students of the Nubia Association of Ahilia University were arrested for engaging in immoral activities that violated the public order, in contravention of Sudan's Criminal Code, which incorporates Islamic Sharia law. The immoral activities the women committed consisted of "girls kissing, wearing trousers, dancing with men, crossing legs with men, sitting with boys, and sitting and talking with boys." The women were punished with fines and between 25 and 40 lashes. The lashing took place in public by use of a wire and plastic whip. The wire and plastic whip were unclean, the lashing was not under the supervision of a doctor, and the women were bareback in public while they were lashed. The complaint asserted that the punishment violated Article 5 of the African Charter on Human and Peoples' Rights, which guarantees the right of individuals to human dignity and prohibits cruel, inhuman or degrading punishment and treatment. The Commission found that the lashing violated article 5 of the African Charter. It requested that Sudan abolish the punishment of lashing and compensate the women for their injuries.
By Physicians for Human Rights with Harvard Humanitarian Initiative.