Communication 368/09: Abdel Hadi, Ali Radi & Others v Republic of Sudan

Key paragraph(s) can be found below the document.

80. The facts as outlined above reveal that the arrest of the victim had no basis in Sudanese legislation which requires that a person must have been suspected or accused of committing an offence before a warrant of arrest may be issued. The victims were indiscriminately arrested en masse without any measures taken to ascertain the likelihood that they had individually been involved in the commission of an offence. The Commission considers that arresting a large number of individuals as was the case in the present communication, in disregard of domestic legislation and without taking any measures to ascertain the likelihood of individual wrongdoing amounts to arbitrary arrest in contravention of the Charter.