Urgent Call to Sudanese Authorities to Implement the Recommendations of Missing Initiative

(29 September 2022) African Center for Justice and Peace Studies would like to declare it is solidarity with Missing Persons Investigation Committee (MPIC) and associates itself with the recommendations published on 19^th September 2022 in a press statement addressing a decision made by Sudanese Attorney General regarding the burial of unidentified dead bodies and the jurisdiction of the committee.

ACJPS calls upon Sudanese  authorities including office of Sudanese Attorney General; Minister of Health, Sudanese Medical professionals Associations, Sudanese Bar Association, Sudanese Journalist association,  UN Office of High Commissioner for Human Rights in Khartoum, United Nations Integrated Transition Assistance Mission in Sudan (UNITAMS), African Commission for Human and People’s Rights, African Committee of Experts for Rights and Welfare of a Child,  international partners such as United States Agency International Development, International Committee of Red Cross  (ICRC),  Physicians for Human Rights, International Federation for Human Rights (FIDH), International Organization against Torture and human rights organizations to  advocate, assist, facilitate and  Support the  implementation of recommendations  announced by Missing Persons Investigation Committee (MPIC) on 19^th  September 2022.

We call on Sudanese authorities to:

1. Denounce the Burials committee for unidentified dead bodies that was appointed on 5^th June 2022 and cancel the decision by Sudanese Attorney General announced on 7^th September 2022.

2. Return the International Argentinian Medical team (EAAF) to Sudan and ensure full access to hospitals to enable it to complete the works started in July 2021.

3. Ensure that the medical guidelines and protocols are adhered to regarding the identification bodies in morgues in Khartoum.

4. Use advanced technology like satellite to identify mass graves.

5. Establish a neutral and objective investigation committee and include members from Sudanese Bar Association, Journalist Association and Missing Initiative (Civil society advocacy group) to carryout investigations into the new cases of fraud and harvesting of human organs from dead bodies by some Sudanese doctors.

6. Conduct investigations into the cases of unidentified dead bodies sent to United Arab Emirates (UAE) for tests in 2021 by office of Sudanese Attorney General.

On 19^th September 2022, the MPIC issued a Press Release regarding the Burials Committee giving a background, mandate and recommendations as follows:

In 2019, the office Sudanese Attorney General (OSAG) was headed by Mr. Taj Elsir Ali Alhebir who was appointed by former Sudanese Sovereign Council. He issued resolution No: 9/2019 thus the establishment and format of Investigation Committee on Missing Persons (MPIC). The committee has mandates to look into the cases of missing Persons after event of 3^rd June 2019 and future (meaning that it is a permanent committee).  The committee’s legal jurisdictions is similar to that of a general persecutor under the Sudanese Criminal Procedure code, 1991 (SCP). Additionally, the committee stems its powers from the Sudanese Attorney General Law, 2017(SGAL).

The members of the committee include persecutors, representatives from missing persons families, Missing initiative, Sudanese Minister of Justice, representative from human rights department and Gender Base Violence Unit (SGBV).

The committee started its work and launched large investigation covering all mortuaries located in Khartoum State. The committee however was careless when dealing with the dead bodies in all the mortuaries. Despite the carelessness and mismanagement, the committee exercised its powers and issued its first decision restricting the burial of the unidentified bodies unless with the application of the protocols adopted by International Red Cross Committee (ICRC). The facts that informed this resolution are:

• Some bodies from the incident of 3^rd June 2019 were taken to the mortuary after a period of time like three months from the date of the incident.
• Some bodies were buried without carrying out a medical autopsy.
• Some bodies were not under the jurisdiction of MPIC nor were they victims of June 3^rd
• There were judicial confessions by some employees in mortuaries and autopsy technicians of “selling” of unidentified dead bodies in the
• MPIC through investigation obtained strong evidence of human organ harvesting from unidentified dead bodies inside the mortuaries.
• Judicial confessions made during the investigation proving concealment of the actual numbers of bodies buried and numbers presented to MPIC. One of the mortuaries in Omdurman kept/hid blood samples of dead bodies that were to be sent to lab of General Department of Criminal Evidence for examination until it became unsuitable for examination.

Basing in the above reasons, MPIC in the beginning of 2020 formed members of sub committees to study the status of the bodies in the mortuaries. The sub-committees reported back to the committee on May 2020 and basing on the report, MPIC made a decision approving burial of 17 adults and 40 newborn bodies. The burial was to be implemented by the Sudanese Forensic Medicine Authority but unfortunately it did not take any action.

MPIC then established a follow- up procedure and communicated with the Sudanese Forensic Medicine Authority on 8^th September 2020, 10^th October 2020 and on 23^rd March 2021. MPIC went ahead and had an official meeting with parties from both Advisory Board of Forensic Medicine and Forensic Medicine Authority. During the meeting they discussed the visions of each group on the MPIC decision made in May 2020. They then resolved to form sub-committees and implement the MPIC order

On 28^th March 2021 the director of Omdurman mortuaries basing on orders from Forensic Medicine Authority was suspended from work until further notice.

On 10^th July 2021 MPIC stopped its works when the acting Attorney General Mr. Mubrak Mahamoud issued a resolution with instructions to carry out autopsies on bodies in the mortuaries within state of Khartoum. He assigned prosecutors to follow up on the process of autopsy claiming that 32 bodies were buried without fulfilling the identification process. However, there are some dead bodies that were reported buried but ICMP later found bodies with same number and details still inside the mortuaries an example is a body labeled number 123 Mohamed Ismail Abakar also known as “Wad Akar”.

The above incidents highlight that the main problem is not about the identifying process and protocols in burial of unidentified bodies but rather how will implement those protocols.  

It is worth mentioning that the acting attorney general’s decision includes guild lines thus application of ICRC Protocol. However, MPIC had earlier adopted the protocol and confirmed the same in both its resolutions issued on 18^th October 2020 and 3^rd March, 2021. 

On 8^th September 2022 MPIC was invited by office of attorney general to a meeting with representatives of international organizations to support the efforts to empty the mortuaries with Khartoum. The issues relating to forensic medicine is purely scientific and technical and are difficult for justice agencies to comprehend. The aim of the meeting was to brief the forensic medicine authorities on the requirements in the context of the investigation to achieve justice thus trial before the courts of law.

MPIC acknowledges that preserving the dignity of the deceased and according descent burial is religious but at the same time MPIC will not compromise the rights of the victims and their families to identify them and as such it will follow all the steps including application of medical protocols during the process of identification.

MPIC also confirms that its position stems from historical and moral responsibility and transparency as a core principle. It goes ahead and addresses the public and families of missing persons who are stakeholders and disclose its position on resolution No. 8/2022 issued by the office of attorney general in August 2022 as follows:

• The inclusion of MPIC as an observer and member of the Committee established under resolution no. 8/2022 contradicts with it mandate.
• The role of MPIC is not clear and the committee is technical nature. Its duration is uncertain, and it will end at pleasure. Additionally, there isn’t any investigatory role within it is mandate.
• MPIC under its mandate and jurisdiction has commenced investigation against some members of the new established committee members with medical background and cases of violations of dead bodies.
• The committee should include international organizations and representatives of families of missing persons and Martyrs as stakeholders and observers in the committee.
• ICMP has carried out comprehensive investigations in all mortuaries in Khartoum State using advanced technology and gathered evidence against Sudanese Forensic Medicine Authority. We have engaged with international bodies of Forensic Medicine through Sudanese government and office of Prime Minister which resulted to the visit of the EAAF to Sudan in July 2021. EAAF is an international body which has done investigations approximately 30 counties across the globe during the 40 years of its existence.  

The evaluation of the Sudanese Forensic Medicine Authority by the EAAF is that the Authority lacks impartiality and is inefficient as it doesn’t follow the international standards of autopsy. It therefore needs wide reforms and intervention.

Conclusion.

MPIC believes that the best approach in dealing with unidentified dead bodies it should comply with the medical technical methods and investigation elements of enforced disappearance persons. Therefore, MPIC will not participate or supervise any work related to the burial committee. Additionally, MPIC will not be responsible for the outcome of implementation of the protocols in absence of international supervision or national impartial experts. We would like to call upon international organizations to intervene and deploy experts to Sudan to support the efforts of MPIC.

Other Developments 

In March 2021 Mr. Taj Elsie resigned from his position as Attorney General due to several reasons some of which include: conflict in hierarchy and jurisdiction between his office and Anti–corruption committee that was put in place to eradicate the 30^th June 1989 regime. Mr. Mubarak Mahmoud was then appointed as the acting attorney general but was later dismissed following the illegal release of members of the former regime. During Mr. Mubarak’s reign destroyed all efforts and achievements made by Mr. Taj Elsie including denying the EAAF access to morgues attached to Alemtiaz Hospital, obstructive administration orders such as transfer of prosecutors who are members of MPIC to far of areas.

On 7^th May, 2022 members of the Sudanese forensic medicine Authority and 3 doctors were charged with fraud and illegal harvesting of human organs. Additionally. The media secretary of the Authority is a member of Al-Bashir Party NCP this goes to show the lack of impartiality alongside the general problem of lack professionalism of Sudanese Forensic Medical Authority.

The importance of the MPIC is summarized by two cases one of Gusi Hamadto (m) who was registered missing after the event of 3^rd June 2019. His body discovered in a morgue three months from the date he went missing. Another case is that of Mr. Baha Eldien Norri who died as result of torture a post mortem was carried out and the report indicated high blood pressure as the cause of death.

Finally, the efforts of MPIC brought back hope of justice to the families of missing persons during the period of 1989 to 2019, established tools for future cases and reform of the Sudanese Forensic Medicine and also reflected courses at medical schools.