West Darfur: Killings, Arrests and the use of Emergency law as a tool to violate the rights of citizens

(16 September 2022) African Center for Justice and Peace Studies (ACJPS) is deeply concerned over the continued violation of rights of citizens by law enforcers in Sudan. In this release, ACJPS has documented an incident where 177 people were detained under the Emergency law after a tribal conflict. In another incident, 21 children and youth were arrested and transferred from West Darfur to Alhuda prison in Khartoum where they are being held without charges since April 2022. On 1 August 2022, a community leader was arrested and charged with five offences after he made statements distancing himself from a tribal reconciliation document signed in July 2022 through the efforts and involvement of General Mohamed Hamden Daglo in Elgeina. Additionally, we have documented an incident of armed attack that has resulted into 18 deaths in Bier Salibah locality, West Darfur.

The legal framework for emergencies as set out in the Emergency and Protection of Public Safety Act of 1997, read together with the Emergency and Public Safety Bylaw of 1998, permits preventive arrest and detention on vague grounds. These include the belief of the authorities that the person in question has acted or may act in a way that “affects public security, or public safety, or … participated in any crime related to the declaration”. The 1998 Bylaw provides neither time limits for this type of detention, nor judicial oversight, and therefore authorises prolonged if not indefinite detention. The broad powers given to the Executive under the 1997 Act and 1998 Bylaw have repeatedly given rise to concerns over arbitrary arrest and detention, ill-treatment and torture, and violations of the right to a fair trial, which are facilitated by the virtually complete absence of safeguards and judicial oversight. In emergency situations, there are no adequate safeguards against unjustified infringements of civic freedoms.

ACJPS calls on Sudanese authorities to guarantee the physical safety of all detainees; grant the detainees immediate and unequivocal access to their lawyers, family members and medical services, and release them in the absence of valid legal charges consistent with international standards. If such charges exist, the detainees should be brought promptly before an impartial, independent and competent tribunal and guarantee their procedural rights at all times.  Sudanese authorities must amend the emergency law according to international standards.

We further call upon the authorities to carryout independent and impartial investigations into the killings that happened on 4 August 2022 in Bier Salibah locality.

We also call upon the African Committee of Experts on the Rights and Welfare of the child to engage with Sudanese authorities to ensure the release of children in detention and rehabilitate them. To read more click here