Urgent Appeal to the African Commission on Human and People’s Rights to dispatch an independent fact-finding mission

25 February 2019

The Chairperson, Mrs. Maitre Soyata Maiga

The Commissioner on Sudan, Mr. Hatem Essaiem

The Special Rapporteur on human rights defenders, Mr Remy Lumbu Ngoy

Re: Urgent Appeal to the African Commission on Human and People’s Rights to dispatch an independent fact-finding mission to establish the facts and circumstances of alleged human rights abuses committed in Sudan.  

Dear Excellencies,

We, the undersigned Sudanese organisation, write to you to express our concerns and urge you to address the crackdown on peaceful demonstrators and ongoing violations of human rights in Sudan.

Since 13 December 2018, tens of thousands of people have participated in protests against the government throughout Sudan. The authorities have responded by indiscriminately firing live ammunition and tear gas into crowds of peaceful protesters killing more than 50 civilians and wounding hundreds. There have documented attacks by security forces on 6 hospitals and medical staff. The government has acknowledged that at least 2530 have been arrested, including those participating in, or supporting the protests, and their family members, members of the political opposition, prominent lawyers, doctors, intellectuals, and human rights defenders. At least have three died in custody as a result of torture.

We note that on 11 February the Commission expressed “serious concern” about the events in Sudan, inter alia, urging “the release of those detained”. The Commission also called on the Government of Sudan to “take all necessary measures to uphold the Sudanese peoples’ fundamental human rights, particularly the right to life, the right to political participation, freedom of assembly, freedom of expression and access to information”. Government officials claim that 1000 detainees have now been released: this cannot be independently confirmed: at least hundreds of members of the political opposition, doctors who treated protesters, women leaders and other remain in jail. In a worrying escalation early this week, President Bashir declared a year-long state of emergency, dissolved both the federal and regional governments, and appointed members of the military and security forces to regional governorships. These actions suggest that the authorities are preparing the groundwork for greater repression and impunity: as protests continued this week, new arrests of political figures and journalists who criticised the emergency declaration only underline this concern.

These attacks and erosion of democratic space are not taking place in a vacuum: they follow decades of violations committed during systematic and widespread attacks on civilians — amounting to crimes against humanity — both in the context of popular protest and multiple conflicts waged against populations in Sudan’s designated peripheries.

The ACHPR has an important role to play in contributing to the prevention of human rights violations: an early intervention on the part of the Commission and Special Rapporteur is crucial. We therefore urge the ACHPR to reiterate to the Government of Sudan that all Sudanese have the inherent right to life, freedom from torture and inhumane and degrading treatment, freedom of expression, association, and peaceful assembly including freedom of the media. We further urge you to call on the Government of Sudan to:

• Stop the use of lethal and excessive force against peaceful protesters/demonstrators;
• Release all those arbitrarily detained by NISS and other government forces, and for those charged, ensure due process of law and a fair trial including the right to promptly access courts to review the legality of their detention and access a lawyer of their own choosing;
• End its policies of post and pre-print censorship of newspapers;
• End all acts of harassment and intimidation of citizens including human rights defenders, peaceful demonstrators, opposition political activists, journalists (international and national), doctors, engineers, lawyers and others who seek to exercise their rights to freedom of expression, association, and peaceful assembly.

We call on the ACHPR to:

• Dispatch urgently an independent fact-finding mission to establish the facts and circumstances of the alleged recent human rights violations committed in the Sudan, including excessive use of force and killings of peaceful demonstrators, as well as torture and ill-treatment of detainees by the Government of Sudan, with a view to ensuring full accountability for perpetrators and justice for victims; and
• Request that the fact-finding mission present an oral update to the Commission at its next session.

To read the full Urgent Appeal click here Urgent Appeal to the African Commission on Human and People’s Rights