005/12 Amir Adam Timan v. Sudan
African Union
African Court on Human and Peoples' Rights
In the Matter of:
Amir Adam Timan
v.
The Republic of the [sic] Sudan
Application 005/2012
Decision
The Court composed of: Gerard NIYUNGEKO, President; Sophia A.B. AKUFFO, Vice-President; Modibo
T. GUINDO, Fatsah OUGUERGOUZ, Augustino S.L. RAMADHANI, Duncan TAMBALA, Elsie N.
THOMPSON and Sylvain ORE- Judges; and Robert ENO - Registrar,
In the matter of:
AMIR ADAM TIMAN
V.
THE REPUBLIC OF THE [sic] SUDAN
After deliberations,
makes the following decision:
1. By an application dated 25 February 2012, Barrister Mbu ne Letang, Lawyer residing in Kinshasa, filed a
case to the Court on behalf of his client, Amir Adam Timan, a Sudanese national, and a native of Darfur,
currently residing in the Democratic Republic of Congo, who has been accused by the Sudanese
Government of being a member of an opposing force to the legitimate Government of The Sudan. The
Applicant alleges violation of Articles 12(1)
× Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of
movement and freedom to choose his residence.
,2
× Everyone shall be free to leave any country, including his own.
,3
× The above-mentioned rights shall not be subject to any restrictions except those which are provided by
law, are necessary to protect national security, public order (ordre public), public health or morals or the
rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.
,4
× No one shall be arbitrarily deprived of the right to enter his own country.
and 13
1