South Darfur: Sudanese authorities should urgently investigate the custodial death of Kamal Adam Haroun at the Anti-Drugs Police offices in Nyala City.

(16 March 2023) African Center for Justice and Peace Studies (ACJPS) calls upon the Sudanese authorities to urgently carryout an investigation into the custodial death of Kamal Adam Haroun, a 26-year-old man in Nyala City, South Darfur. On 5 March 2023, the body of Mr. Haroun was found at the Anti-Drugs Police (ADP) building in Nyala. The police contacted one of the deceased’s friends and asked him to inform the deceased’s family about his death. Upon receiving the news, the family members quickly rushed to the ADP headquarters to confirm the news. The Police officer in charge confirmed the death of Mr. Haroun and explained the circumstances under which he met his death. On 4 March 2023, four detainees including Mr. Haroun had attempted to escape from custody. In a bid to stop the detainees from escaping, the officers shot at the escapees injuring others on the shoulders but unfortunately Mr. Haroun was shot in the head with a live bullet instantly killing him. The family members together two police men and the investigating officer moved to the scene of crime. They observed signs of torture on the back of the deceased as it appeared like he was beaten with lashes or water pipes.

Mr. Haroun was arrested on 1 March 2023 at around 7:30pm during a police patrol while he was seated infront of the bakery he was working at in Congo neighborhood in Nyala City. His colleague at the Bakery called his family the next day and informed them that Mr. Haroun had not showed up for work since the previous evening. Mr. Haroun’s family members then started looking for him and on 2 March 2023, an officer at the front desk at ADP in Nyala informed Mr. Haroun’s brother that police patrol found litter/waste of a smoked marijuana, a drug locally known as “Bango” next to where he was seated in front of the bakery and he was arrested. Mr. Haroun’s brother was informed that he was in their custody. He was further informed that the case will be referred to court for trial and that the trial will commence on 06 March, 2023. He later left the ADP offices without seeing the detainee.

Authorities should subject the allegations of torture and the circumstances leading to the death of Mr. Kamal Adam Haroun to an immediate and effective investigation by an independent and impartial commission. This process should be public and transparent. And if there is sufficient evidence, suspected perpetrators should be charged and prosecuted in fair proceedings which comply with international standards of fair trial.

Another development

ACJPS would like to appreciate the Sudanese Police Forces for their efforts in the fight against impunity. The police forces quickly reacted by handing over police officers accused of killing protesters during recent anti-coup rallies. So far seven officers have been handed over to the office of the prosecutor for investigation and subsequent prosecution. These include one involved in the shooting of Ibrahim Majzoob, a 14-year-old protestor during the 28^th  February 2023 anti-coup rally in Khartoum and six police detectives accused of killing of a Chadian citizen in North Darfur.

We would also like to extend our gratitude to the families of the victims, national, regional and international Organizations for advocacy against the actions of the security forces.

Background

Although the transitional government attempted to reform the security forces, they continue to practice the same impunity they did during the AL Bashir regime. The death of Mr. Haroun is one of the many cases of torture and custodial deaths documented by ACJPS. On 9 March 2023, ACJPS documented the killing of Ibrahim Majzoob by a Central Reserve Police Officer in East Nile locality in Khartoum State during the 28^th  February 2023 anti- coup rally. We also documented the custodial death of Mr. Aldigil Adam Mohamed in Sraf Omrah police station in West Darfur on 25 February 2023. Cases of alleged torture of a group of resistance committee members at Fedreal Police of Khartoum Bahari within Khartoum State and Mr. Idris Hamid Hamad who was allegedly tortured in January 2023 by detective police officers in Kassala state have been documented. All these cases highlight the impunity enjoyed by Sudanese security Forces by engaging in torture, arbitrary arrests, abuse of power, and use of excess force during protest.

The Attorney General is also guilty of neglect of duty relating to its inspection and supervision roles of detention centers, Anti-Drugs department, Central Reserve and Anti- riot Police units. There are several cases pending investigation by the office of the Attorney General since 18 December, 2018. The office of the Attorney General hardly investigates cases without a push from CSOs and human rights bodies. It is this impunity enjoyed by the Sudanese authorities that is the biggest challenge to access to justice and accountability.