Darfur Region: NISS targets peaceful protesters with arbitrary arrests and prolonged detention.

(5 APRIL 2019) Since the last week of March 2019, the NISS of the Darfur region have launched a campaign of arrest, targeting political and civil activists for actual or suspected participation in the ongoing anti-government protests. The campaign followed the protests of 28 March 2019 announced by Sudanese Professional Association (SPA) across Sudan, where several peaceful protesters were detained by NISS. Reliable information indicates that more than 41 protests broke out across Sudan following the announcement by SPA.

In a brief published today, ACJPS has documented many incidents of arbitrary arrest of peaceful protesters in Darfur region since 19 December 2018. Elgenina town in West Darfur was the first to witness the protest after students of Mohamed Mohi Eldien private high school protested the high prices of basic commodities in December 2018. This led to arrest of several activist including Musab Mohamed Ali who works for the joint mission of the United Nations and African Union Peace Keeping Mission in Darfur from his bookshop situated near the school. He was released after 22 days in incommunicado detention.

On 24 December 2018, residents in the towns of Elfahir in North Darfur and Eldian in Eastern Darfur jointly participated in peaceful protests organized by SPA. Authorities responded by arresting 73 peaceful protesters, 70 were released after a brief detention whilst 3 were subjected to three months detention in Shala prison under emergency law of 2007.

On 11 January 2019, Ms Amani Hasabo, a member of Sudanese congress party was arrested from her home in Elfashir and subjected to a 3 months detention under the emergency law in Elfashir Women Prison (khir Kanaga). She was released following President Bashir’s pardon on March 8 2019.  Four activists in Eldain town in East Darfur were arrested on 24 December 2018 during a protest in the Market. Mohamed Bagan, one of the detainees was sentenced to 3 months detention under emergency law but was released after a few weeks.

Nyala town in South Darfur witnessed four peaceful protests organized by advocates and human rights defenders from which, approximately 10 lawyers and human rights defenders were briefly detained and released by NISS. However, Mr.  Salah Adam Alnoor, an advocate and human rights defender was transferred to Khartoum on 5 January 2019 where he remains in incommunicado detention. Other protests came as peaceful protesters responded to a call from SPA leading to the arrests of 22 activist including, Mr Adam Mahdi, a journalist and human rights defender who was released after a few days while the rest remain in incommunicado detention in the NISS section attached to Nyala Prison in very poor detention facilities.

It is worth noting that Darfur, compared with other states, has witnessed less protests since 19 December 2018. A reliable source informs ACJPS that this is mainly because of the Emergency statue that has been applied in the state since 30 July 1989 which permits authorities to carry out arbitrary preventive detentions, including incommunicado for a period of up to 6 months, moreover subject to renewal. The Sudanese authorities, specifically the NISS have relied on this law to detain several activists on allegations of affiliation with rebel movements in the region. Those detained have faced inhumane and degrading treatment and torture, that have in some cases resulted to custodial deaths.

According to a reliable source, the arbitrary prolonged or indefinite detentions under this statute have the intended impact of intimidating and consequently preventing activists and peaceful protesters from participating in civil disobedience movements among other things. Community leaders have been targeted to keep them under the repression of government. For instance, the leaders of the Rezigate and Malia tribes were arrested from Eastern Darfur State and transferred to the NISS sections attached to Kober federal prison located in Khartoum Bahari and Port Sudan Prison in Red Sea State, Eastern Sudan where they were detained incommunicado under the emergency law. This followed a conflict that broke out between the two tribes in 2017.

ACJPS has been informed by a reliable source that the participation of the Darfurian community in the ongoing anti-government peaceful protests is significant, as to some extent, it indicates a shift in belief from military takeover to a more peaceful way of achieving change in government.

ACJPS is deeply concerned about the continued use of excessive force by authorities to crackdown protests in Sudan. The policing of assemblies must respect human rights and must be carried out in accordance with international standards, which prohibit the use of force unless strictly necessary and proportionate. It should be made clear that arbitrary or abusive use of force by security forces will be punished as a criminal offence.

ACJPS reiterates it calls to the Government of Sudan to:

• guarantee the rights to peacefully assembly and association and expression;
• guarantee the physical safety of all detainees; grant 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.

• Undertake comprehensive law reform of the National Security Act 2010, Criminal Procedure Act 1991, Emergency Act 1997, to guarantee custodial guarantees including access to legal representation at all stage of proceedings, prompt information on details of arrest, judicial oversight, in line with international human rights law obligations

Update on released and new detainees.

 Released Detainees

ACJPS has received details of four peaceful protesters that have been released by NISS. Where available, date of release has been included: –

On 24 March 2019, NISS of Khartoum released five oppositions political party leaders without any charges. They include;

• Abdul Jalil Osman also known as Haj Alzaki(m), a member of central committee of Sudanese communist party. He was arrested on 4 March 2019 from his home in Khartoum at about 7:00PM.
• Ali Al-Rayah Alsanhori(m), the chairperson of Baath Arabic Party.
• Ali Saeed (m)
• Sidiq Yousef (m), a member of central committee of Sudanese communist party and the Chairperson of the national political Party consensus alliance (opposition). He was arrested from a meeting at Al-Baath party house located in Khartoum. On 22 January 2019, a group of activists peacefully protested in front of his house in Omdurman celebrating his 88^th

A few hours before his release, Mr. Yousef was taken to meet with Mr. Awed Ben Auwf, the former Minister of defense. In their discussion, it is alleged that the former minister expressed interested in a political negotiation with the Sudanese communist party. According to a reliable source, Mr. Sidiq clearly pointed out that his party is only interested in fall of the regime and that he can’t negotiate unless he is a free man.

New Detainees

ACJPS has received details of 35 peaceful protesters arrested by NISS in Khartoum, Darfur and Port Sudan. Where available, dates and location of arrests have been included: –

1. On 29 March 2019, Mr Ahmed Mohamed Al-Hilo who works for National Social Insurance Fund was arrested from his work place in Nyala, South Darfur following a peaceful protest on 28 March 2019 announced by SPA.
2. On 21 March 2019, the Rapid Support Forces (RSF) arrested Mr Abu Bakar Adam Fadul (m), in Jugo Jugo neighborhood located in Elfashir, North Darfur on accusations of filming the RSF military base. Mr. Adam is a brother to Mr. Mohamed Adam Fadul (known by social media users as Hamdi Hakoc), an activist who published information about security agencies engaged in arresting and alleged torture of protesters in Elfashir on 24 December 2018. Mr. Adam is being detained by the RSF incommunicado in an unknown location. Incommunicado detention under jurisdiction of the emergency law without being taken to police station or before the courts of law raises concerns about his physical and psychological safety.
3. On 29 March 2019, the NISS of Khartoum arrested Mr Mohamed Hassan Saad Eldien, a 46-year-old communication engineer and a member of democratic unionist party from his home in Khartoum. He has had access to one family visit since then.
4. On 15 March 2019, Tariq Idris(m), an activist was arrested from the main street in Khartoum 2 near the Central house of the Sudanese Communist Party. His location remains unknown.
5. On 20 March 2019, the NISS of Khartoum arrested Mr. Abdullah Al- Getie, a member of the central committee of the Sudanese communist party in Khartoum.

On 26 March 2019, NISS of Khartoum arrested the following;

6. Mohamed Ahmed Salah (m), a retired customs officer.
7. Shalabi, an engineer.
8. Salah Samarit (m), a political activist.
9. On 27 March 2019, NISS of Khartoum re-arrested Mr. Mohamed Yousef, an advocate and human rights defender from his work place in Khartoum. Mr. Yousef was released on 22 March 2019 following his detention for 80 nights.

On 29 March 2019, NISS of Zalingi capital in Central Darfur State arrested the following;

10. Mr Taj Eldien Ibrahim Taj Eldien, a finance officer in the office of state minister for finance in Central Darfur.
11. Mohamad Ismail, a government employee working with appeal court of central Darfur Judiciary.
12. Mohamed Wadidi, an activist.
13. On 29 March 2019, NISS of Elfashir, North Darfur State arrested Mr Mudatheir Bashir Omer, a youth activist from his family’s home located in South Althura neighborhood in Elfashir.
14. On 1 April 2019, NISS of Khartoum arrested Mr Ibrahim Mohamed Ali Temias, the vice of the general secretary of Uma national party from his house located in Khartoum Bahari.

On 2 April 2019 at about 03:00 PM, NISS of Zalingi in central Darfur State arrested the following from a market;

15. Mr Mohamed Ahmed Isa, also known as (Kindi), a civil servant working in the appeal court of central Darfur.
16. Mr Ismail Ali Wadi, a high school teacher

On 1 April 2019, NISS of arrested the following from Port Sudan.

17. Abu Fatima Mohammed Tahir(m)
18. Aymen Salah Eildien Idris(m)
19. Ali Hashim (m)
20. El-Sadig Mohammed Ahamed (m)
21. Adam Abu Bakar (m)
22. Mohamed Ahmed (m)
23. Mudathir Mohamed Gasim Elsip (m)
24. Walid Mohamed Ahamed (m)
25. Ahamed Mohamed Al-Rais (m)
26. Mohamed Ahmed Hama (m)
27. Osman Tariqi Suliman (m)
28. Ahamed Khair Elsid (m)
29. Amar Mohammed Yousef (m)
30. Mr Yasir Mamain Osman(m) was arrested on 17 January 2019 in Port Sudan.

On 2 April 2019, NISS arrested the following people in Zalingi, Central Darfur.

31. Fakhr Eldien Abakar(m)
32. Numiri Jumaa(m)
33. On 3 April 2019, NISS arrested Mr Ali Elteyeb in Red Sea, Port Sudan.
34. Mr Hassan Bakari, member of the Baath party was arrested on 4 April 2019.
35. Mahir Abu Al Sukh(m), a journalist was arrested on 4 April 2019 from his house in Khartoum.

Background

ACJPS documented  the heavy crackdown on peaceful anti-government protests that has occurred since the third week of December 2018. The protests begun on 19 December 2018 in Atbara state, denouncing the high prices of bread and fuel but quickly developed into an anti-government protest spreading across different cities and towns in Sudan. Sudanese authorities responded with  excessive force and targeted opposition political leaders as well as party members, human rights defenders, students, professors and students for their actual or suspected involvement in the protests, with arrests and prolonged detention.

Darfurian University students in Khartoum and other towns in Central Sudan were among the first people to be targeted by NISS when protests first broke out. Several of them were arrested and detained, including incommunicado in un known locations. While some have been released, majority remain in incommunicado detention in unknown locations without charge or access to courts of law.

In a bid to quell the protests, a nationwide state of emergency  was declared by President Omar Al-Bashir on 22 February 2019, imposing  restrictions on fundamental rights being exercised by the protesters, including their right to peaceful assembly without permission from authorities. The emergency courts and prosecution offices established under the emergency legal framework violate the right to a fair trial, which is guaranteed under the Sudanese constitution, regional and international treaties ratified by Sudan.

ACJPS documented the release of 57 peaceful protesters who were detained incommunicado by NISS for approximately 2 months without charge.

Contact:

Mossaad Mohamed Ali, Executive Director, African Centre for Justice and Peace Studies ACJPS. (English, Arabic, Swedish): +46764325862, +25677958454