Sudan: Tactics of bloodshed and violence against peaceful protesters is not new

(16 December 2021) The patterns of human rights crimes committed over the past two months since the military coup of 25 October 2021 are all too familiar to the Sudanese people. The same conduct used during the al Bashir regime to terrorise civilians throughout the country is now being used to annihilate unanimous demands for democracy. Joint security forces including the Police forces, Central Reserve Forces, Rapid Support Forces (RSF), Military Intelligence, Sudanese Armed Forces (SAF), Sudanese Alliances Forces (2020 Peace Agreement signatory) and individuals in plain clothes with masked faces continue to use excessive force against protesters, killing at least 42 people and injuring hundreds after live ammunition and teargas were fired at peaceful protesters.

Joint security forces have relied on the Emergency framework under the Emergency and Protection of Public Safety Act, 1997 (Emergency Act) and the Criminal Act, 1991. The Emergency Act empowers authorities to, among others, search any person or premises, prohibit or regulate movement of persons or activities, arrest persons on suspicion of committing an offence. Provisions of the Criminal Act of 1991 are to apply to acts that are contrary to the Emergency Act or emergency declaration. In Khartoum, several detainees were sentenced to one-week imprisonment in Omdurman Women’s prison and Soba prison in accordance with powers granted under article 5 of the emergency Act 1997. Protesters in East, Central and South Darfur States were sentenced to 3 months imprisonment under the Emergency and Protection of Public Safety Act of 1997. ACJPS documented the prosecution of peaceful protesters under Articles 69 (disturbance of public peace) and 77 (public nuisance) of Sudanese Criminal Act 1991 for participating in protests. In one case, detained protesters were fined SDG 50,000 for violating articles 69 and 77 of Criminal Act 1991. These laws were widely used during the al-Bashir regime to repress political dissent. They grant competent authorities with wide grounds for arrest and detention and lack the requisite safeguards against arbitrary arrest and prolonged detention.

Just like in the al Bashir era, protesters have been detained incommunicado and in unknown locations. They are being held in different detention centers that have not been reformed even after the fall of al Bashir. In Shandi Bus Station in Khartoum Bahri, a popular detention center where the National Intelligence Security Services agents held political prisoners in the former regime, individuals were detained without interrogation. Detainees are also held in prisons such as Nyala prison in South Darfur, Zalingi prison in Central Darfur, Omdurman Women’s prison and Soba prison in Khartoum, Wad Madani in Aljazeera State in very poor facilities. In Northern state and North Kordofan, protesters were summoned to appear daily for two days from 9:00AM to 4:00PM without any interrogation.

Joint security forces have raided homes and arrested Government officials, advisors and activists. During these raids, family members were arrested without any reasons given. For example, on 24 October 2021, joint forces raided the house of Mr. Yasir Saied Arman, the political advisor to the Sudanese prime Minster and arrested him along with his younger brother, Mr Mujeib Saeed Arman when they found him in Mr. Arman’s resident in Khartoum.  They have both been released. Raids also happened in offices including CSOs and human rights activists were detained.

There has also been violence against and obstruction of health care by security forces. Doctors have been targeted with arrest and detention for participating in anti coup protests. Injured protesters have been denied from accessing hospitals by security forces deployed at the hospital entrances. In Aldeain prison in East Darfur, five anti coup detainees who tested positive for covid-19 were detained in facilities not equipped to handle these cases. They were isolated in small room with no access to medical care. On 30 October, 13, 21 and 25 November 2021, Sudanese Authorities closed all the bridges linking the twin cities of Khartoum Bahri and Omdurman to prevent a large gathering of protesters in one location like the April 2019 sit-in. This restricted the movement of ambulances carrying injured protesters across the two cities. Security forces also used similar tactics of firing teargas inside hospitals and arresting injured protesters.

Despite the Sudan acceding to key international treaties such as UN Convention against Torture, an inclusion of the criminal offence of torture under the Criminal Act in July 2020, impunity for human rights violations persists.  The culture of human rights violations remains deeply engrained and needs to be urgently addressed. Security forces including RSF, known for its role in committing rights abuses in Darfur have continued to use lethal force against protesters. We ask Sudanese authorities to cease violation of human rights of citizens guaranteed in the Constitutional Charter, Regional and international treaties ratified by Sudan.

We further call for:

• Investigations into the torture and ill-treatment of detainees with the aim of holding perpetrators accountable and providing compensation for the violations.
• Immediate and unconditional 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 practice of blocking access to health care services and guarantee the right to health and life for all.
• 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 state of emergency and restore the constitutional order

 Background

On 25 October 2021, General Abdul–Fatah Al-Burhan, Chairman of the Sovereign Council dissolved the transitional government. He also suspended articles 11, 12, 15, 16, 24(2),71 and 72 of the 2019 Constitutional Charter and promised elections in July 2023. Several political figures including 4 civilian members of the Sovereign council, and also the Prime Minister, Dr Abdallah Hamdok were detained. Hamdok was released and reinstated last month after signing an agreement with general al Burhan. The agreement included the release of government officials and politicians detained since the coup. Authorities have released dozens of peaceful protesters but hundreds still remain in detention.

For further information, contact Mossaad Mohamed Ali at: mossaad.ali@acjps.org