African Centre for Justice and Peace Studies ACJPS | المركز الافريقي لدراسات العدالة و السلام
(21 May 2014) A little over a month after President Omar al Bashir’s announcement on 6 April that all political detainees would be released in a bid to open up dialogue on the future of the country, the Sudanese authorities have continued to subject independent activists and political opposition party members to arbitrary arrest and detention. Since 12 May the African Centre for Justice and Peace Studies (ACJPS) has documented the arrests of three activists and five opposition party members. ACJPS can also confirm that at least ten men are currently detained without charge in the National Intelligence and Security Services (NISS) section of Kober prison in Khartoum on account of their presumed political affiliation to the rebel movements. One of the men, Darfuri student Adam Mohammed Salih, has been detained without charge in Kober for over eight months since his arrest in September 2013.
Arbitrary Arrest and Incommunicado Detention of Activists
On 12 May the NISS arrested three youth activists near Khartoum University. The names of the three men, who remain detained incommunicado, are below.
- Mohammed Salah, (m), 24 years of age. Mr. Salah was arrested at 7pm by plain clothed NISS officers who stopped the car he was travelling in. Mr. Salah had previously been arrested by the NISS on 20 March following his participation in the University of Khartoum demonstrations on 11 March. He was detained incommunicado by the NISS until his release on 7 April without charge.
- Taj Alsir Jafar, (m).
- Moamar Musa, (m).
The families of the detainees submitted a written request to the NISS on 13 May requesting family visits, but still have not received any response. Mr. Salah’s family reported that the NISS in Khartoum has denied that Mr. Salah is in their custody and advised the family to wait for confirmation on his whereabouts and condition.
Arbitrary Arrest of Political Opposition Party members
On 16 May the NISS arrested four members of the Sudanese Ba’ath party in Khartoum and Khartoum Bahri after they reportedly distributed a statement signed by members of the party calling for the fall of the current regime. Their names are below:
- Mohammed Ahmed Tahir, (m), a welder. Mr. Tahir was arrested in front of the Khartoum football stadium.
- Ismail Ibrahim Ismail, (m), a welder. Mr. Ismail was arrested in front of the Khartoum football stadium.
- Abdallah Hassan Alcap, (m), a university student.
- Mubarak Mohammed Kuku, (m). Mr. Kuku was arrested from his home in Elhag Yousif in Khartoum Bahri.
The group is believed to be detained by the NISS at an unknown location in Khartoum.
On 17 May Sadiq al-Mahdi, leader of the opposition National Umma Party, was arrested by the NISS. He is currently detained in Kober prison in Khartoum, where he reportedly faces capital charges under Articles 50 (undermining the constitutional order) and 51 (waging war against the state) of the 1991 Sudanese Penal Code. Al-Mahdi had accused the paramilitary Rapid Support Forces of committing atrocities in Sudan’s conflict zones, including the rape and destruction of villages. As a result of al-Mahdi’s detention, the Umma Party has withdrawn their participation from the national dialogue called for by the Government of Sudan in advance of the constitutional review process and national elections.
Prolonged Detention of Detainees from Darfur and South Kordofan
A reliable source reported to ACJPS the names of ten detainees from Darfur and South Kordofan who were arrested by the NISS and are detained in the NISS section of Kober prison. They have not been formally charged and are thought to have been detained on account of their presumed affiliation with rebel movements. Two men from Darfur have been detained without charge for over five and eight months respectively, in breach of Sudan’s own repressive national security law:
- Mohammed Adam Joma, (m), a student at Koran Kareem University. Mr. Joma is originally from Darfur and was arrested on 1 December 2013.
- Adam Mohammed Salih, (m), a student at Nileen University School of Law. Mr. Salih is originally from Darfur. Mr. Salih was arrested on 20 September 2013 from Mayo Bus station in Khartoum.
Seven other detainees originally from the Nuba Mountains who are thought to have been detained on the basis of their presumed affiliation with the Sudanese Peoples’ Liberation Movement – North (SPLM-N) are also detained in the NISS section of Kober:
- Ammar Adam Abdallah, (m).
- Mubarak Ishag Suliman, (m).
- Ibrahim Isa Abdallah, (m).
- Ibrahim Adam Musa, (m).
- Faroug Yousif Kago, (m).
- Juma Patrick Juma, (m).
- Haitham Timan Dura, (m).
It is not known when the seven men were arrested but some reported having been detained for more than six months without access to their families or lawyers.
Dr. Sidig Noreen Ali Abdalla, a university professor who is thought to have been detained on account of his advocacy on the situation in Darfur, remains without charge in NISS custody in El Obeid town, North Kordofan state. He has been detained incommunicado for more than four months since his arrest on 16 January.
Under Sudan’s 2010 National Security Act detainees can detained for up to four and a half months without charge or judicial review.
The African Centre for Justice and Peace Studies (ACJPS) calls on the Sudanese authorities to immediately grant the detainees access to their families and lawyers and any medical assistance they may require. The authorities must guarantee the physical and psychological integrity of the detainees and order their immediate release in the absence of valid legal charges that are consistent with international law and standards or, if such charges exist, to bring them before an impartial, independent, and competent tribunal and guarantee their procedural rights at all times.
ACJPS believes that the detainees are held solely on the basis of their political beliefs, and calls on the Government of Sudan to guarantee the right to freedom of assembly and association, including the right to form or join political parties. There is serious concern for the safety and well-being of the detainees. Incommunicado detention significantly increases vulnerability to torture and other ill-treatment. The practice is in breach of Sudan’s obligations under the African Charter on Human and Peoples’ Rights, in particular the prohibition under Article 5 of torture and cruel, inhuman or degrading punishment and treatment.
Background
In recent months, the Government of Sudan has signalled an increased willingness to engage in a “national dialogue” with the political opposition in advance of the 2015 elections and constitutional review process.
On 6 April 2014, President Omar al-Bashir ordered the release of all political detainees and declared that political parties had the right to carry out their activities and organise rallies. However, one day later the NISS prevented the opposition Reform Now from holding a political forum in Omdurman and arrested a leader of the party’s student wing, Emad Al-Dien Hashim. On 15 April Bashir issued decree No.158, which forbids political parties from organising meetings in their own venues without approval and requires permission for public meetings 48 hours in advance. On 1 May the Sudanese Political Parties Affairs Council announced that the Sudanese Republican Party’s application to register as a political party had been rejected.
This is not the first time the Sudanese President has made a public commitment to release all political detainees. On 1 April 2013, al-Bashir announced that all political prisoners would be released. Authorities released 24 people after the announcement, but at least 100 other people remained in detention on the basis of their presumed political affiliations. Later in September of that year, the government violently suppressed anti-government protests sparked by the announcement of austerity measures and arrested hundreds of people.
Contact: Katherine Perks, ACJPS Programme Director, Kampala, on info@acjps.org or +256 775072136
