African Centre for Justice and Peace Studies ACJPS | المركز الافريقي لدراسات العدالة و السلام
(15 November 2021) The African Centre for Justice and Peace Studies (ACJPS) has continued to monitor the continued crackdown on pro-democracy protests including arbitrary arrests and incommunicado detention of civilians and other human rights violations across Sudan since 25 October 2021.
In this report, ACJPS gives an update on various incidents resulting in serious violations of human rights of civilians that have continued to occur since our last update on the Sudan coup. The period covered is 26 October 2021 to 11 November 2021. Internet and mobile connectivity continue to be disrupted. Telecommunication companies received orders from the military, to ignore a court judgment calling for restoration of internet services. ACJPS received reliable information that the authorities have released at least 11 detainees including 4 ministers.
Joint security forces have continued to arrest and detain civilians, incommunicado and in unknown locations. ACJPS documented the transfer of three political detainees from Al-Gezira state to an unknown location in Khartoum. ACJPS has documented targeted arrests and detention of individuals based on their participation or suspected involvement in the pro-democracy protests. Sudanese Armed Force (SAF) and Rapid Support Force (RSF) officers who do not have the power of arrest are the ones carrying out these arrests and detention alongside the police force. In some incidents, unknown individuals in plain clothes are also detaining civilians. Similar tactics were used during crackdowns on the 2018-2019 revolution. The well-documented use by security agencies of torture and other forms of ill-treatment against detainees, particularly whilst held in unknown locations, raises safety concerns.
Sudanese security forces have continued to act with impunity, subjecting detainees to torture and ill-treatment in complete disregard of the 2019 Constitutional Charter, which prohibits torture, cruel and inhumane treatment, and punishment. ACJPS has documented the death of at least one person days after his release from custody. Reliable information indicates that the Military Intelligence, SAF and RSF officers have subjected detainees to beating using water horse pipes, sticks and wooden bars, standing for long hours, firing live ammunition at the ground next to detainees’ feet, forcefully shaving of one’s hair and causing head injuries. Due to inhumane detention conditions, a female detainee suffered a miscarriage.
Continued detention of 5 detainees who tested positive for COVID-19 in facilities not equipped to handle these cases raises concerns for the safety and well-being of all detainees. Pre-October 25 coup, ACJPS raised concerns potential impact that COVID-19 on already overcrowded detention facilities across Sudan. The increased detentions place further strain on already overcrowded facilities and continue to place detainees and staff at further risk.
ACJPS is concerned about the criminalisation of peaceful assemblies. Detainees are being prosecuted charged under Articles 69 (disturbance of public peace) and 77 (public nuisance) of Sudanese Criminal Code 1991 for participating in protests. In some cases, detention has occurred under article 2 of the emergency decree. The Emergency legal framework permits preventive arrest and detention based on vague grounds without time limits to the detention or judicial oversight. Criminal charges often lack legitimacy and unduly restricted several human rights. In one case, detainees were fined SDG 50,000 while other courts decided to dismiss cases against detainees.
Freedom of expression is also being restricted. Sudanese authorities have continued with their decade long practice of summoning activists and journalist for questioning as part of a criminal investigation. These summons relate to publication of coup related matters by journalists. Journalists are also being attacked for covering the peaceful pro democracy protests.
ACJPS calls for:
- An independent and effective investigation into the circumstances of Mohamed Ibrahim Abakar Hassan’s death. Such an investigation should be thorough and impartial with the view of finding and holding the perpetrators accountable.
- Further investigations into the torture and ill-treatment of other detainees including ill-treatment causing a detainee to have a miscarriage should be conducted with the aim of holding perpetrators accountable and providing compensation for the violations.
- Immediately and unconditionally release of all detainees and guarantee their physical safety and wellbeing including granting access to their lawyers, family members and medical services. Put in place measures to treat and protect detainees from COVID-19.
- End the use of excessive and unnecessary force including during the dispersal of peaceful protests.
- Guarantees for the rights to peaceful assembly, free expression, liberty and security of persons and prohibition on torture and other ill-treatment.
- End the internet and communication disruptions and respect and protection of rights to access and share information, free expression including press freedoms, and peaceful assembly.
- End the state of emergency and restore the constitutional order
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