PART C: Protection against Torture: Procedures before the African Commission and African Human Rights Court As of November 2013, the Commission had recommended a specified quantum of reparation in only one case, Egyptian Intiative for Personal Rights and INTERIGHTS v. Sudan.507 This complaint was submitted by four women who alleged to have been sexually harassed, intimidated and abused by members of the National Democratic Party during a peaceful protest, in the presence of the police who failed to intervene to stop the treatment, and who also participated in the violence. The victims alleged a violation of Article 5, among others, and requested compensation in the amount of 57,000 Egyptian Pounds (equivalent to approximately US$8,300) each. The Commission found that the sexual molestation suffered by the victims amounted to cruel, inhuman and degrading treatment in violation of Article 5, as well as violations of Articles 1, 2, 3, 9, 16, 18 and 26 of the Charter, and requested the State to pay compensation in the amount requested to each of the victims, as well as investigate the alleged violations and prosecute those responsible, and undertake a number of law reform efforts to ensure future violations do not occur. The Commission did not clarify its reasoning for awarding the specific amount of compensation; however the case may be indicative that applicants should include in their submissions to the Commission specific requests for reparation. It should be pointed out that the African Commission has been clear in its jurisprudence that the obligation to provide reparation to victims is not extinguished if the government responsible for the abuses is no longer in power. Any subsequent governments inherit the responsibility to provide reparation to victims, even if this is for violations committed by a previous government.508 In contrast with the Charter, which governs the Commission, the Court Protocol provides explicitly for ‘appropriate orders’ to remedy violations.509 Although it does not contain an exhaustive list, the relevant provision mentions ‘compensation’ and ‘reparation’ specifically.510 However, the Court has yet to conclude a case where an award of reparation would be required. For cases referred to before the African Court which have been referred by the Commission,511 some commentators have pointed out that the Commisson’s Rules of Procedure do not provide complainants in a referral case the opportunity to make a separate submission on reparation, as is the case in other regional human rights systems, which may impede on victims’ right to reparation for violations of the Charter.512 ACHPR, Egyptian Intiative for Personal Rights and INTERIGHTS v. Sudan, Comm. No. 323/06, para. 275. ACHPR, Krishna Achuthan and Amnesty International v. Malawi, Comm. Nos. 64/92, 68/92 & 78/92. African Human Rights Court Protocol, supra note 22, Article 27(1). African Human Rights Court ProtocolProtocol, Article 27(1): If the Court finds that there has been violation of a human or peoples’ right, it shall make appropriate orders to remedy the violation, including the payment of fair compensation or reparation. 511 For more information on the referral process, see section A(IV) above. 512 REDRESS Report, supra note 490. 507 508 509 510 115