(9 December 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 last update on the Sudan Coup. The period covered is 25 October 2021 to 4 December 2021.
ACJPS has received reliable information indicating that Sudanese authorities have released 140 political detainees arrested for political reasons or for their actual or suspected involvement in anti coup protests in Sudan. Those released include 2 Cabinet Ministers, 2 state governors, 18 teachers, 24 members of the resistance committees, political activists and journalists. They were detained in various prisons across the country since the coup in October 2021. Mr. Mohamed Al-Faki Suleiman, former member of Sudanese Sovereign Council is among those released on bond.
ACJPS welcomes this release but remains concerned for the well being of hundreds of detainees still languishing in detention without charge or access to a court of law. ACJPS remains concerned for their physical safety and well-being as some are being held incommunicado. The lack of access to lawyers and family members to the detainees, together with the well-documented use by security agencies of torture and other forms of ill-treatment against detainees, particularly whilst held in unknown locations, gives rise to serious concerns for their safety. Incommunicado detention significantly enhances vulnerability to torture and other ill-treatment.
ACJPS is deeply concerned about the continued use of excessive force by authorities to crackdown protests in Sudan. Two people including a child were killed in Omdurman after the police officers shot them in the head. In Omdurman, Khartoum and Al-obied in North Kordfan, at least 25 Peaceful protesters sustained injuries resulting from the excessive use of teargas by the police force against protesters during the November 25th anti coup rallies. Police officers threw teargas canisters directly at protesters resulting in several injuries. in Sudan, use of teargas by police officers should be under the direct supervision of an officer from the attorney general’s office who approves the use of any excessive force incases of demonstrations.
The policing of assemblies must respect human rights and must be carried out in accordance with international standards, which prohibit the use of force unless strictly necessary and proportionate. Authorities should make it clear that arbitrary or abusive use of force by security forces will be punished as a criminal offence.
Joint security forces have continued to arrest and detain civilians for their participation or suspected involvement in the pro-democracy protests. Sudanese authorities have relied on powers of arrest provided for under the Emergency and Protection of Public Safety Act of 1997 and the Criminal Procedure Act 1991 to give effect to these arrests and continued detention. These laws grant competent authorities with wide grounds for arrest and detention and lack the requisite safeguards against arbitrary arrest and prolonged detention.
Authorities are charging political detainees with baseless charges. Five detainees including Mr. Mohamed AlFaki Suleiman, former member of the Sovereign council and Mr Ibrahim Al-Sheikh, Sudanese Minister of Industry were charged under articles 55(disclosure and obtaining information and official documents) and 58(abetement of mutiny) of the Criminal Act 1991, and later released on bond.
The Sovereign Council issued a travel ban against a former detainee preventing him from travelling for treatment abroad. According to a reliable source, a backlist from travels abroad issued a few days before coup targeted a number of former executives and some members of Freedom and Change Alliance.
ACJPS reiterates it calls to the Government of Sudan to:
- Immediately and unconditionally release of all the remaining detainees and guarantee their physical safety and wellbeing including granting access to their lawyers, family members and medical services,
- Investigate the abusive use of force including the killings and injuring of protesters with an aim to identify and hold perpetrators accountable,
- Ensure access to free treatment and rehabilitation to individuals injured through the violent dispersal by the authorities,
- End the use of excessive and unnecessary force including during the dispersal of peaceful protests,
- Stop the criminalization of peaceful protests and guarantee 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.
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For further information, contact Mossaad Mohamed Ali at: mossaad.ali@acjps.org