African Commission on Human and Peoples’ Rights Communications 402/11 and 420/12 Sudanese Civilians in South Kordofan and Blue Nile (represented by REDRESS, Sudan Democracy First Group, Interights, Human Rights Watch and the Enough Project) v Sudan SUBMISSION ON THE MERITS 30 OCTOBER 2013 Address for correspondence: For applicants in communication 402/11: REDRESS c/o Jürgen Schurr, 87 Vauxhall Walk, London, SE11 5HJ, United Kingdom, Tel: +44 20 7793 1777, Fax: +44 20 7793 1719, Email:
[email protected]; for applicants in communication 420/12: Enough Project: Brown Rudnick c/o James P. Bair, 601 Thirteenth Street NW Suite 600, Washington DC – 20005, United States of America; Email:
[email protected]. I. Procedural history 1. The complainants in Communication 402/11 submitted their complaint: Interights, Human Rights Watch, Sudan Democracy First Group and REDRESS v Sudan to the African Commission on Human and Peoples’ Rights (‘African Commission’ or ‘Commission’) on 13 July 2011, after having previously submitted a request for provisional measures on 2 July 2011.1 The complaint sets out alleged violations committed in South Kordofan by the Respondent State’s authorities from the outbreak of hostilities on 5 June 2011 until 13 July 2011. The Commission was seized of the complaint at its 50th Ordinary Session, communicated it to the Government of Sudan (‘the Respondent State’) and requested provisional measures on 7 November 2011.2 The Commission called on the Respondent State to “intervene in the matter with a view to preventing irreparable harm being caused to the victims.” In the absence of a response from the Respondent State, the Commission re-iterated its request for provisional measures in August 2012.3 2.