Update on anti-coup protest in Sudan: Excessive use of force and arbitrary arrest and detention of protesters during the 14th March anti-coup rallies

(19 March 2023) The African Centre for Justice and Peace Studies (ACJPS) has continued to monitor the continued crackdown on pro-democracy protests including arbitrary arrests of civilians and other human rights violations across Sudan since 25 October 2021. In this brief, ACJPS gives an update on various incidents resulting in serious violations of human rights of civilians that occurred during the anti-coup rallies of 14^th March 2023. According to the Statistics by Sudanese Doctors Committee, at least 24 people were injured during 14th March protests.

On 14 March 2023, Mr. Ibrahim Abdalbasit Ibrahim Abdalrhman also known as Ibrahim Nogdallah, a 37 year old human rights defender, photographer and Journalist who specializes in freedom of assembly and protest coverage was hit with stone in the chest whilst he was covering an anti-coup protest near Sharwani Station in East Alduom  in Khartoum. The stone came from a gun used for shooting teargas locally known as “Aoblen” from the direction of a police truck that had been deployed to police the protest. Mr. Ibrahim was rescued and taken to Aljuda hospital in Khartoum at 3:30pm for medical attention and he was later discharged at 11:00Pm. Although the medical report showed that his ribs are intact and in good condition, he continued to complain of chest congestion and pain while breathing. Before he was shot, he had allegedly seen one police officer directing his colleague to shoot at him because he was holding a camera covering protest.

Mr. Ibrahim has received several threatening messages after he published a photo of an officer from the Sudanese Armed Forces (SAF) who targeted a gun at peaceful protesters during an anti- coup rally on 19 December 2021 has also been arrested number of times while doing his work. For example, on 14 February 2022, he was arrested by men in plain clothes from the main road in Nubawi neighborhood of Omdurman while he was riding a motorcycle heading back to his home from covering an anti-coup rally. He was blind folded and transferred to a land cruiser vehicle. He was driven to a torture center where upon arrival he was undressed, his hands and feet were tied and he was beaten by six men. Mr. Ibrahim was again blind folded and dumped at the main road in Suba neighborhood of Khartoum.

On 17 July 2022, a SAF soldier stopped Mr. Ibrahim while he was moving with his cameras and told him “we have warned you before but you don’t listen”. He was then arrested and taken to Northern Khartoum Police Station. While in detention, he was beaten and charged with Entering and photographing military areas and works (under article 57), disturbance of public peace (article 69) and public nuisance (article 77) of the Sudanese Penal Code, 1991. He was later released on bail after one and a half days in police custody. However, Khartoum criminal court dropped the charges and released him.

In a separate incident, on 14 March 2023, Mr. Mohamed Farouq, a mobile photographer was shot by a teargas canister injuring his upper left hand while he was covering an anti-coup rally next to Algurshi Garden Square in Khartoum 3 neighborhood in Central Khartoum state. He was taken to Aljudah hospital where he was examined. The x-ray results showed that Mr. Farouq had glass particles in his hand and he needed surgery to remove them. He was operated on the following day.

On 14 March 2023, at around 3:00pm, eleven young peaceful protesters including three females were arrested from Sharwani Station in East Aldum neighborhood in Khartoum during an anti-coup rally. The female protesters were taken to Federal Police where they were subjected to verbal abuse with the officers calling them prostitutes. They were later transferred to North Khartoum Police Station with the other detainees. The group was charged with disturbance of public peace and public nuisance under articles 69 and 77 of the Sudanese Penal Code, 1991 respectively. Emergency Lawyers Group offered to provide legal aid to the group. They were later released on bond.

The names of the protesters are;

1. Gada Abdul Wahab (f)
2. Rasha Abdul Rahman (f)
3. Duaa Abdul Rahman (f)
4. Ahmed Adil (m)
5. Ahmed Khalid (m)
6. Yasir Badur Eldien (m)
7. Fadllah Ahmed (m)
8. Alnoor Mohamed Alnoor (m)
9. Yagoup Ishaq Sidiq (m)
10. Eltijani Hafiz Mohamed (m)
11. Jebreel Abdallah Mohamed Musa (m)

ACJPS condemns the on-going violent crackdown on anti-coup protests and the silencing of political opposition members, activists, human rights defenders and peaceful protesters through use of excessive force and arbitrary detention, despite guarantees to the freedom of expression, association, and assembly in the 2019 Constitutional Charter for the Transitionary period. We call on Sudanese authorities to ensure an independent and effective investigation into the circumstances of the injuring Mr. Ibrahim Mohamed Ibrahim and Mr. Mohamed Farouq.  Such an investigation should be thorough and impartial with the view of finding and holding the perpetrators accountable.

ACJPS further reiterates its call to the authorities to ensure that policing of assemblies respects 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 also make it clear that arbitrary or abusive use of force by security forces will be punished as a criminal offence. We also call upon Sudanese authorities to cease violation of human rights of citizens guaranteed in the Constitutional Charter, Regional and international treaties ratified by Sudan.

Background  

Since 25^th October 2021, anti-coup protests have been held across Sudan. The policing of these protests however has brutal, with security forces using unwarranted force against protestors. At least 124 peaceful protesters have been killed and thousands injured due to disappropiate use of force by security officers. 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 to arrest and detain protesters. 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. 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. The United Nations’ Joint Human Rights Office in Sudan reported that more than 1000 people were arrested for opposing the coup and its consequences between 25 October 2021 and 3 March 2022 including 148 children. Hundreds of detainees are still languishing in detention centers without access to court.