African Centre for Justice and Peace Studies ACJPS | المركز الافريقي لدراسات العدالة و السلام
(27 January 2022) African Center for Justice and Peace Studies (ACJPS) calls on Sudanese authorities to urgently investigate the reported torture Mr. Idris Ahmed Hamad, a 33-year-old businessman living in Port Sudan in Red Sea State.
On 17 January 2023, at 09:00am, a group of police detectives in Kassala State in Eastern Sudan arrested Mr. Hamad in Kassala market following his arrival from El-Gadarif the previous day. The arrest was unlawful because the police detectives neither had an arrest warrant nor did they give reasons for the arrest.
While in police custody, Mr. Hamad was interrogated about a case of a stolen pistol in El-Gadarif a state that is approximately 223 kilometers south of Kassala State. However, there are no records of a case filed at any police station in El-Gadarif regarding the alleged stolen pistol. Mr. Hamad was held in a shelter on a rooftop of a building by eight police detective where he was allegedly subjected to physical and psychological torture including beating using horse pipes.
On 17 January 2023, Mr. Hamad requested for medical attention after noticing he was passing blood while urinating, but his request was denied. Two days later, at around 03:00 pm he was taken to Kassala technical hospital where an X-Ray and ultrasound were conducted, and the findings were reported. The report indicated that Mr. Hamad had swellings on various parts of his body such as legs and abdomen. The doctors then referred him to a urology specialist, but the detectives refused to do so and instead took him back to police custody. The following day, on 20 January, he was taken to Rama Hospital within Kassala where the doctors ran some tests and confirmed that he had kidney failure, and he was immediately ordered to start dialysis.
ACJPS calls on Sudanese authorities to immediately release Mr. Idris Ahmed Hamad in the absence of valid legal charges provided for under the law or if such charges exist, promptly bring him before an impartial, independent, and competent court or tribunal. We further urge authorities to ensure an effective investigation of Mr. Hamad’s reported ill-treatment and torture. Such an investigation should be thorough and impartial with the view of finding and holding the perpetrators accountable.
Taking note of ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UN CAT) and the recent law reform process, particularly criminal justice reforms, ACJPS further urges transitional authorities to adopt a comprehensive reform process to ensure legislation adequately defines torture along with appropriate punishments in line with international standards; provide effective access to justice and adequate reparation to victims of torture, and ensure impartial and thorough investigations of allegations of torture and ill-treatment by state authorities. Authorities should expressly denounce the use of torture by state authorities to intimidate or extract confessions from persons in their custody.
Background
Sudanese authorities have continued to act with impunity, subjecting detainees to torture and ill-treatment in complete disregard of obligations under the UNCAT ratified by Sudan in August 2021 where Sudan made a commitment to prevent, prosecute and remedy cases of torture and ill-treatment. In September 2021, ACJPS documented the ill-treatment of three people including a human rights defender by community police in Khartoum. On 8 January 2021, ACJPS documented the alleged torture of Ezz El-Din Hamid Ali in Omdurman. He had serious injuries on his body after he was released from detention and had to be taken to hospital for treatment. Unfortunately, he did not make it out of hospital alive. On 2 June 2021, ACJPS also documented the the reported abduction, torture, and extra-judicial killing of Mr. Mohamed Ismail Abaker, popularly known as “Wad Akair”, a youth activist and a member of a resistance committee in Al-Jeraif Sharq neighborhood in Khartoum.
However, the government of Sudan has repeatedly failed to ensure prompt, thorough, impartial, and effective investigations into these allegations of torture, ill-treatment and has failed to ensure effective remedies or provide reparation to the victims.
