African Centre for Justice and Peace Studies ACJPS | المركز الافريقي لدراسات العدالة و السلام
(14 May 2020) On April 12 2019, thousands of Sudanese across the country and in diaspora celebrated the release of hundreds of the detainees arrested for actual or indirect participation in the protest that led to the ousting of former president Omar al Bashir after 30 years of ruling. Many believed that the practice of arbitrary arrest and torture manifested in al Bashir’s regime had come to end, however, a monitoring report by the African Centre for Justice and Peace Studies (ACJPS) between March to May 2020 indicates that the Sudanese Armed forces (SAF) and the Rapid Support forces (RSF) have continued to violate human rights of civilians.
The African Centre for Justice and Peace Studies has documented the assault of 2 people including a Judge by the SAF and RSF, and the arbitrary arrest and detention of two civilians in Khartoum, Blue Nile, White Nile and Algadareef.
Arbitrary arrest and detention
On March 5, 2020, a RSF officer in Khartoum arrested human rights defender, Mr. Abdul Malik Musa Saleh at the Arabic Market in Khartoum. Mr. Saleh was arrested while he was heading to seek legal consultation from a lawyer regarding the case of Musa Hilal and 250 border guard forces detained and charged between August and December 2017. Mr. Musa Hilal was released after a group of lawyers submitted a complaint to the office of the Attorney General in Khartoum.
On April 8 2020, a group of RSF officers of Alta Damon locality in Blue Nile State arrested Mr. Idris Albur Ahmed, a 37 year old blogger and member of Baath Political party from the village of Alslilk. Mr. Idris, was arrested after sharing a post on his Facebook account where he accused the management of a petrol station owned by Mr. Faiz Balla, an RSF officer for hiking fuel prices above the official prices set by the Sudanese authorities. Mr Idris was detained at the RSF headquarters and released on April 11, 2020 but was re-arrested after he attempted to file a complaint about his arrest at the office of the attorney general in Blue Nile. .
Chief Justice calls for judicial strike
On March 26, 2020, Chief Justice Nimat Abdalla called on the judiciary to strike after Mr. Idris Ahmed Idris, a judge of Al-Faw general court in Algadareef State was beaten by two SAF officers at a petrol station in Al-faw. Reliable information indicates that Mr Idris was beaten after he identified himself as a judge. The strike by the Judiciary ended after the Chairperson of the Sovereign Council, Mr. Abdul Fatah Al Burhan held a meeting with Chief Justice Abdulla and promised to follow-up the matter and hold perpetrators to account.
Armed officers assault civilian at a petrol station
On May 4, 2020, Mr. Alagib Mohamed Ali, a 45 year old rider of a motorcycle locally known as “Toktok” was beaten by a group of ten soldiers from SAF and RSF using sticks. The incident took place at a fuel station located in Kenan. Mr. Alagib was beaten after he complained about the mistreatment of civilians by SAF officers who were deployed to maintain law and order at the fuel station. At the time, there were long queues due to the low fuel supply. Following the beating, Mr Alagib was also forced out of the queue where he had spent about four hours waiting.
ACJPS calls on the transitional government to;
- End arbitrary arrests and detention, and the practice of torture by both state and non-state actors.
- Repeal provisions granting immunity from prosecution for human rights violations committed by State officials, including the police, NISS, armed forces and the Rapid Support Forces, and subject officials to the jurisdiction of ordinary courts.
- Make law reform a priority issue, with an emphasis on ratifying CAT and enacting a law against torture in Sudan.
- Establish a mechanism for lodging complaints against perpetrators without repercussions. Such complaints must be duly and effectively investigated hence need for repealing immunity provisions which bar effective investigations.
Background
The use of torture across Sudan has been endemic during the last 3 decades. Sudanese authorities have used torture and other forms of ill-treatment to intimidate and silence political dissent. The periods of protests both before and after al-Bashir’s ouster in April 2019 was marked by serious human rights violations against protesters. Several peaceful protesters were arbitrarily arrested, detained and subjected to torture and other ill-treatments for actual or suspected participation in the protests. Testimonies documented by the African Centre for Justice and Peace Studies (ACJPS) indicates that several detainees were subjected to torture.
Sudan’s Constitutional Charter for the 2019 Transitional Period prohibits torture and ill treatment. Article 50 clearly states that “No one may be subjected to torture or harsh, inhumane, or degrading treatment or punishment, or debasement of human dignity.
Despite the change in regime and abolition of some of the laws that promote torture, Sudan remains the same. The torture apparatus remains deep rooted and needs to be uprooted. The RSF, known for its role in committing rights abuses in Darfur and the SAF have continued to arbitrarily arrest and detain civilians, and subject them to torture. We ask the transitional government to conduct prompt and impartial criminal investigations into the individuals responsible for torture in Sudan.
Contact:
Mossaad Mohamed Ali (English, Arabic, Swedish): +256 79584542, mossaad.ali@acjps.org
