African Centre for Justice and Peace Studies ACJPS | المركز الافريقي لدراسات العدالة و السلام
(12 May 2015) Sudan has continued to detain and intimidate human rights defenders and political opponents in the wake of its national elections that saw the re-election of President Omar al Bashir with 94% of the vote.
Prominent human rights defender Jaafar Khidir was detained without charge for three days and subjected to verbal and physical abuse by officers working for the National Intelligence and Security Services (NISS) in Al Gedarif, eastern Sudan. Mr. Khidir, who requires a wheelchair for mobility, was arrested from his home on 7 May and slapped across the face during interrogations about his calls for the release of political prisoners during the electoral period. He was verbally abused in connection with his disability, kept in a hot room, and denied access to a toilet for prolonged periods of time before his release without charge on the evening of 10 May.
In Khartoum, human rights defender Adil Bakheit continues to face the risk of an unfair trial on baseless criminal charges, including offences that carry the death penalty, in connection with his peaceful work in defence of human rights. Adil Bakheit, a member of the board of Directors of the Khartoum-based human rights group Sudanese Human Rights Monitor, was detained on 16 April and held in police custody for 17 days before his release on bail on Sunday 3 May.
Scores of political activists, including those perceived to be associated to the “Irhal” (meaning “Go!”) campaign that called for an election boycott, were detained during the electoral period.
Amongst those detained, there are serious concerns for the safety of three Darfuri students arrested by the NISS in Khartoum, and a local government employee arrested by Military Intelligence officers in South Kordofan, who have now been detained, incommunicado and without any formal charges, for four weeks. Another man, Mr. Jalal Eldien Mustafa, remains detained without charge by the NISS in Khartoum. He was detained incommunicado for 15 days before being permitted a family visit on 5 May. Mr. Mustafa was arrested on 20 April immediately after making formal inquiries about progress made on an official investigation into the abduction of political activist Sandra Kodouda by suspected members of the NISS on the eve of the elections.
Four political activists face serious criminal charges and are awaiting trial in connection with their alleged support for the “Irhal” campaign. This includes three members of the Sudanese Congress Party from White Nile state who have been transferred to Kober prison in Khartoum and face criminal charges of undermining the constitutional system that carries the death penalty and disturbing the public peace. The fourth, a member of the Sudanese Communist Party in Khartoum, has been released from Kober prison on bail, and faces a charge of “calling for opposition to public authority by use of violence or criminal force”.
Continued incommunicado detention of Darfuri students in Khartoum
Three student members of the Darfur Students’ Association at El Neelain University and the Omdurman Islamic University have been detained incommunicado since their arrests on 12 April. The three men were arrested by the NISS from the main street in front of El Neelain University, central Khartoum, after participating in a peaceful demonstration organised by student opposition parties calling for an elections boycott.
- Ibrahim Ahmed Jumaa, (m), student at El Neelain University.
- Musa Mohamed Osman, (m), student at Omdurman Islamic University.
- Haroun Kajoum, (m), student at Omdurman Islamic University.
Their whereabouts have not been disclosed by the NISS and they have not had access to their families or a lawyer.
Reprisals against Mr. Jalal Mustafa for pursuing complaint before the NISS
Mr. Jalal Eldien Mustafa, (m), has been detained by the NISS without charge since his arrest in Khartoum on 20 April 2015. Mr. Mustafa is a lecturer at Alrebat University and also works as a Laboratory Technician at the Police Hospital in Khartoum. He is a member of the Sudanese Congress Party. He was arrested from the family home of political activist Dr. Sandra Faroug Kodouda, immediately after he made official inquiries into the progress of a NISS investigation into her abduction. Sandra Kodouda was abducted by unknown men, suspected to be members of the NISS, on 12 April and interrogated about her support for an elections boycott. She was released by the NISS onto a Khartoum street on 15 April. On the day of his arrest, Mr. Mustafa had visited the NISS offices in Almatar street together with Dr. Kodouda’s mother, to inquire about an official investigation into the abduction.
Two hours after his arrest, family members received a phone call from the NISS headquarters in Khartoum Bahri advising them to bring clothes for Mr. Mustafa and medication for his diabetes. He was detained incommunicado for 15 days until his first family visit was permitted on 5 May 2015 when he was reported to be in good health.
Military Intelligence detention in South Kordofan
ACJPS recently confirmed the detention of a local government employee in South Kordofan, who was detained by Military Intelligence officers in Al Massir neighbourhood, Delling on 13 April, after telling others he was boycotting the elections. The whereabouts of Jumaa Kuku, (m), 45 years of age, who is an accountant for the local authority, remain unknown, and he has had no access to family or a lawyer. As a civilian he should be immediately transferred to the custody of a civilian authority and promptly charged or released.
Activists facing harsh criminal penalties
Three members of the Sudanese Congress Party arrested by the NISS in White Nile state in connection with their support for the “Irhal” campaign have been transferred to Kober prison and are awaiting trial on serious criminal charges that carry the death penalty:
- Taha Alfadih, (m)
- Mohamed Yousif, (m).
- Ahmed Altayeb, (m).
The three men were arrested from their homes by the NISS in Aldewin town, White Nile state, on 12 April and transferred to Kober Prison in Khartoum on 20 April. They were subsequently charged by the Prosecutor for Crimes against the State in Khartoum under articles 50 (undermining the constitutional system) and 69 (disturbance of the public peace) of the 1991 Sudanese Penal Code and the first court session was held at Khartoum Central Criminal Court on 29 April. The next court session is on 19 May and will hear testimony from witnesses. The men are receiving legal aid from a team of lawyers.
Another political activist, Nagi Abduljalil, (m), 40 years of age and a member of the Sudanese Communist Party, is currently released on bail, facing charges under article 63 (calling for opposition to public authority by use of violence or criminal force) of the 1991 Sudanese Penal Code. Mr. Abduljalil was arrested by the NISS on 11 April 2015 from his shop in the Arkawit neighbourhood of Khartoum and accused of putting up posters supporting the “Irhal” campaign at the “land port” bus station in Khartoum. His case was referred to the office of the Prosecutor for Crimes against the State on 18 April 2015 and he was initially charged under articles0 (undermining the constitutional system), and 69 (disturbance of public peace) of the 1991 Sudanese Penal Code. Those charges were dropped during a court hearing on 9 May, and he was released on bail, with a new charge under article 63 (calling for opposition to public authority by use of violence or criminal force). The next court session scheduled for 18 May 2015.
Human rights defenders at risk
Human rights defender Adil Bakhiet continues to face the real risk of an unfair trial on baseless charges in Khartoum in connection with his peaceful work in defence of human rights. Adil Bakheit was summoned and detained on 18 April following an earlier NISS raid on the Khartoum-based TRACKS for Training and Human Development when his lap-top was confiscated. He is a well-known human rights trainer and a member of the Board of Directors of the Khartoum-based human rights group, Sudanese Human Rights Monitor. Adil Bakheit was charged on 16 April with seven criminal offences under the 1991 Penal Code, later the same day, by the State Security Prosecution Office. Two of the charges, under article 50 (undermining the constitutional system) and article 51 (waging war against the state), are classified as crimes against the state and carry the death penalty. He was released on bail by the State Security Prosecution Office on 3 May and required to present a guarantor who would pay 200,000 Sudanese Pounds (over $33,000 US Dollars) should Adil Bakheit fail to respond to future summonses. His lawyer submitted an appeal to the Minister of Justice on 10 May calling for either a prompt trial or for the charges to be dropped.
At 11pm on 10 May prominent human rights defender Jaafar Khidir was released from NISS custody in El Gedarif, eastern Sudan after being detained without charge for three days. He was subjected to verbal and physical abuse during interrogations, including being slapped across the face and verbally abused in connection to his disability.
Mr. Khidir was arrested from his home at around 8pm on 7 May by six NISS officers who raided his home and refused to show a search or arrest warrant when requested. One of Mr Khidir’s neighbours, Yousef Alamin, (m), who was visiting at the time of the arrest, was also arrested, but released the same evening before midnight.
Mr. Khidir, who requires a wheelchair for mobility, was taken to NISS offices in El Gedarif, where he was forced to face a wall in the compound for five hours. During interrogations, the head of the NISS slapped him three times across the face and subjected him to verbal abuse telling him that “God” disabled him due to his political activity, calling him a “son of a dog” and threatening to kill him.
The following day, 8 May, the NISS permitted Mr. Khidir to be accompanied in detention by his brother, to assist in his care, but refused a food delivery from his mother. Mr. Khidir was kept in a hot room from 7am until 8pm and allowed to go to the toilet just once, at midday on 8 May, sixteen hours after his arrest. His mother was allowed to deliver food on 9 May but his request to see a medical doctor was refused.
On 10 May, Mr. Khidir was interrogated and accused of mobilising people to spray graffiti against the government.and threatened that he would never be released. He was released later the same day at 11pm. Property belonging to him, including his laptop, mobile phone and books, which was confiscated during his arrest, have yet to be returned.
Mr. Khidir is believed to have been arrested in connection with his outspoken advocacy on behalf of political detainees during the electoral period, including Sudanese Congress Party member Mohamed Al Fatih who was detained without charge by the NISS in El Gedarif between 10 April and 6 May in connection with his alleged support for the “Irhal” campaign.
Mr. Khidir, has been arrested and detained by the NISS a number of times in recent years for his peaceful activism. He was most recently arrested briefly on 14 April from a public forum organized by the Al Khalas (salvation) Al Gedarif Initiative in Daiem Al Nour market, where he had made a speech calling for an election boycott and for the release of Mohamed Al Fatih. Four NISS vehicles surrounded the forum, forcing it to end, and arrested Mr. Khidir.He was detained for a few hours and threatened not to make further statements about the boycott or political detainees.
El Fashir students await trial
17 students from El Fashir University are awaiting trial on charges under article 67 (rioting) and 182 (criminal mischief) of the 1991 Criminal Act. The students were arrested on 14 April during a police raid on a forum calling for an elections boycott at the Faculty of Education at El Fashir University. They were released on bail on 19 April after an additional charge under article 50 (undermining the constitutional system) was dropped.
ACJPS calls on the Government of Sudan to cease the harassment and prosecution of political activists, human rights defenders and other public commentators for peacefully expressing, printing or distributing their peacefully expressed political views. The Government of Sudan should guarantee all fundamental human rights and freedoms enshrined in the Interim National Constitution of 2005 and all human rights treaties to which Sudan is a state party and:
- Immediately guarantee the safety of detainees, disclose their whereabouts and grant access to their family members, lawyers and any medical assistance they may require. Their immediate release should be ensured in the absence of valid legal charges, or if charges consistent with international standards do exist, they should be promptly brought before a judge and guaranteed procedural rights at all times.
- Release and drop charges against detainees which appear to be politically motivated and aimed at threatening or punishing the peaceful expression of criticism of the government.
- Immediately investigate all allegations of torture and other ill-treatment against detainees. If he is brought to trial, the authorities must ensure his rights to a prompt and fair trial that meets international standards.
- Reform the National Security Act of 2010 in line with international human rights standards, as well as other legislation, including the 1991 Sudanese Penal Code and 1991 Criminal Procedure Act, to enable the full exercise of these freedoms as guaranteed in the 2005 Interim National Constitution and international law commitments made by Sudan.
Background
On 17 April 2015, the African Centre for Justice and Peace Studies (ACJPS) reported on the arbitrary arrest and detention of a number of individuals in connection with the 2015 national general elections in Sudan. The elections saw the re-election of President Omar al Bashir with 94% of the vote, and 46% voter turnout. The elections were boycotted by the mainstream political opposition coalition, the National Consensus Forces (NCF), and were marred by arrests and detentions that appeared to have been aimed at stemming the ability of independent groups and activists to voice dissenting political views from those of the ruling party.
A number of political opposition party members, including electoral candidates, were arrested and detained by the National Intelligence and Security Services (NISS). Members of the Sudanese Congress Party (SCP) and factions of the Sudanese Peoples’ Liberation Movement – North (SPLM – N), in particular, were targeted. Activists affiliated with “Irhal” (Go!), a campaign calling for a boycott of the elections and established by the opposition coalition, the National Consensus Forces (NCF), were subjected to arbitrary arrest and ill-treatment by security forces.
A number of individuals were also summoned and interrogated by the NISS before later being released. On 19 March nine NISS agents raided the home of Mohamed Alhassan Himer, the chairperson of the National Unionist Party in Kassala state, eastern Sudan. At the time of the raid on his home in the Almargani area, Mr. Himer was convening a preparatory meeting for a public forum concerning the elections boycott to be hosted by the Sudan Call forces and his guests were preparing posters for the event. The NISS identified themselves and presented a search warrant signed by the Kassala state prosecutor. Although no one was arrested during the raid on his home, Mr Himer was summoned to the Kassala police station on the evening of 21 March and interrogated about the public forum that had taken place earlier the same day.
On the eve of the elections on 12 April, two online newspapers, Hurriyat and Sudanile, were hacked. Sudanile’s website is still down. The same day, the NISS called newspaper editors in Khartoum and warned them that publishing on the elections boycott was a “red-line” issue. The next day, the first day of voting, editors reportedly received another phone call from the NISS reminding them to not publish on the elections boycott that was organised by mainstream political opposition parties.
Contact
Katherine Perks for ACJPS (English) – Tel: +256 775072136 (in Kampala) – Email: info@acjps.org.
Mohamed Badawi for ACJPS (Arabic) – Tel: +256 783 693 689 (in Kampala) – Email: info@acjps.org.
