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.
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