Open letter on the crackdown on peaceful protests by Sudanese government forces
TO:
UN Human Rights Committee
UN Working Group on ArbitraryDetention;
UN Special Rapporteur on thepromotion and protection of the right to freedom of opinion and expression, Mr.David Kaye;
UN Independent Expert on thesituation of human rights in the Sudan, Mr. Aristide Nononsi
UN Special Rapporteur on the rightsto freedom of peaceful assembly and of association, Ms. Annalisa Ciampi
UN Special Rapporteur on thesituation of human rights defenders, Mr. Michel Forst
RE: Open letter concerning thecrackdown on peaceful protests and the wave of arbitrary arrests and continuedincommunicado detentions by Sudanese government forces
HonourableCommissioners,
We,the undersigned Sudanese, African and international organisations, write to youin your capacities as Special Procedure mandate holders to draw your attentionto the worrying developments concerning the excessive use of force by Sudaneseauthorities to disperse peaceful protests across Sudan. We urge you to call onthe Government of Sudan to respect the peoples’ rights to freedom of assembly,association and expression as guaranteed in international standards and UNtreaties ratified by Sudan and refrain from using excessive force to disperseprotests.
TheSudanese authorities’ reaction to the recent January 2018 protests is contraryto Sudan’s commitment to respect human rights and fundamental freedomsenshrined in regional and international treaties to which it is party. Since 7January, the authorities, including the National Intelligence and SecurityService (NISS) and police have beaten peaceful protestors with sticks andbatons and fired tear gas and live ammunition into crowds. On 7 January, in ElGeneina, West Darfur one student was killed and six otherstudents were injured after joint forces of the National Intelligence andSecurity Services and Sudanese Police used live ammunition to disperse apeaceful student march.[1]At least 5 people were killed and 26 others sustained gunshot wounds whenjoint forces of the Sudanese Armed Forces (SAF) and Rapid Support Forces (RSF)opened live ammunition on a crowd of protestors at Hasahisa camp for internallydisplaced persons (IDPs) in Zalingei, Central Darfur, on 20 January.[2]
From6 January to 6 February, the security forces have arrested and detained scoresof Sudanese citizens including opposition political party leaders, human rightsdefenders/activists, journalists, student activists and others for prolongedperiods without charge or trial.[3]
Weare concerned about the prolonged detention, in most cases incommunicado, ofindividuals under NISS custody feared to have been abused or at risk of abuseas well as those of advanced age with serious health conditions. The lack ofaccess to lawyers and family members for the detainees, together with thewell-documented use by the NISS of torture and other forms of ill-treatmentagainst detainees, particularly whilst held in unknown locations, gives rise toserious concerns for their safety.
Weare also concerned about the repeated confiscation by the Sudanese authoritiesof national newspapers to prevent the coverage of the nationwide January 2018protests, often at great cost to the newspapers. These restrictions haveindirectly caused newspapers to self-censor, limiting the availability ofinformation in order not to cross “red lines”. Censorship is often ramped uparound key events with post-print censorship, whereby entire print-runs ofdaily editions are confiscated prior to morning distribution. Authorities alsotightened restrictions to prevent coverage of the nationwideanti-austerity protests in 2013, in April 2015, to preventcoverage of anelections boycott by opposition parties and again inNovember 2016 to prevent coverage of thecivil disobedience campaign protesting anti-austerity measures introducedin early November.
TheJanuary 2018 incidents are the latest examples of an ongoing pattern of abuse.In September 2013 government forces used live ammunition to disperse peacefulprotests, killing more than 170protesters and detaining at least 800 protesters without charge.Many of those detained were subjected toill-treatment in detention. There has been little or noaccountability for the deaths, injuries and various other abuses perpetrated bySudanese authorities against protesters. Apatchwork of legalimmunities effectively shields government forces from criminal prosecution andaccountability. In Sudan, complaints against a member of the security servicesare effectively curtailed by immunities in legislation governing the SAF, NISSand police for acts committed “in good faith” and “in the course of duty”.Immunities can only be waived by the relevant governing bodies of the Ministryof Interior, Defence or Director of the NISS. The ACHPR considered the issue ina number of cases against Sudan, finding that immunities are incompatible withthe right to an effective remedy under the African Charter and concluding thatSudan’s legal system does not provide effective remedies for victims of humanrights violations.[4]
We,the undersigned African and international organisations, condemn the unlawfulkillings, arbitrary and continued incommunicado detentions, torture and otherforms of ill-treatment, excessive use of force and post-print censorship bygovernment forces. We urge you to reiterate to the Government of Sudan that allSudanese have the right to freedom of expression, association, and assemblyincluding freedom of the media. We further urge you to call on the Governmentof Sudan to:
· Guarantee the safety and well-beingof all detainees and grant them immediate and unfettered access to theirlawyers, family members and medical services.
· Charge or release all thosearbitrarily detained, and for those charged, ensure prompt access to a lawyerof their own choosing and full respect for their rights as detainees and to dueprocess and a fair trial.
· End its policies of post andpre-print censorship of newspapers.
· Stop harassing and intimidatingSudanese citizens including human rights defenders, peaceful activists andjournalists and others who seek to exercise their rights to freedom ofexpression, association, and assembly.
· Conduct an immediate, independentand impartial investigation into all allegations of excessive use of forceagainst peaceful protestors as well as ill-treatment and torture of detaineesby police and NISS. Findings of such investigations should be made public andperpetrators should be held accountable before an independent and impartialtribunal.
Sincerely,
Organisations:
AfricanCentre for Justice and Peace Studies (ACJPS)
AlkaramaFoundation
Al-KhatimAdlan Centre for Enlightenment, Sudan (KACE)
Associationfor Human Rights in Ethiopia (AHRE)
DefendDefenders(East and Horn of Africa Human Rights Defenders Project). Face Past for FutureFoundation ( FP4F) Horn of Africa Civil Society Forum
HumanRights Watch
InternationalFederation for Human Rights (FIDH)
InternationalRefugee Rights Initiative (IRRI)
NationalCoalition for Human Rights Defenders- Uganda (NCHRD-U)
SudanConsortium
SudanDemocracy First Group
SUDO(UK)
TheMagkaSama Project, France
TheWorld Organisation Against Torture (OMCT)
WagingPeace
Individuals:
EltiganiHassan Mohamed Idis, Sudanese Advocate
BakriJebril Mohamed, Sudanese Advocate
MohanadMustafa Elnour, Sudanese Advocate
AmaniOsman Hamdi, Sudanese Advocate
BACKGROUND
Excessiveuse of force to crackdown on January 2018 Protests
Theannouncement of Sudan’s 2018 budget and the lifting of subsidies and othermeasures effectively tripling Sudan’s US dollar exchange rate and increasingthe price of basic commodities sparked off protests across Sudan. On severaloccasions in January, Sudanese authorities have used excessive force todisperse demonstrators, including beating peaceful demonstrators with sticksand batons and firing tear gas into crowds. Four journalists are reported tohave sustained severe injuries after being beaten by police during the protestson 16 and 17 January.[5]
On7 January, at 10 AM, in Al Madarisneighborhood of El Geneina, West Darfur, hundreds of students marched towardsthe office of the state Governor to protest the increase in prices of basiccommodities. As the students approached the office, they came across a fleet ofarmored vehicles of the joint forces of National Intelligence and SecurityServices (NISS), Rapid Support Forces (RSF) and Police who fired liveammunition into the crowd to disperse the students. Seven students sustainedgunshot wounds, one of whom was shot in the chest and died on the spot.[6]
On16 January, at 12 PM, an estimated one thousand protestors including politicalopposition leaders, journalists, students, human rights defenders and activistsparticipated in a peaceful march in Khartoum to deliver a letter addressed tothe governor of Khartoum state, condemning the drastic increase of prices ofbasic commodities as a result of the recent austerity measures. The march,organized by the Sudanese Communist Party, began at Martyrs Gardens in centralKhartoum and proceeded to the main building of Khartoum state government.According to witnesses, after 15-20 minutes, police fired tear gas into thecrowd and together with NISS officers began beating protestors to dispersethem. According to eye-witness accounts, Ms. Amel Habani, a journalist with Al Tagheer newspaper and a human rightsdefender, was beaten by security officials as they arrested her during the 16January protest in Khartoum Bahri. Ms. Azza Ibn Aouf and Ms.Nada Ramadan, were also beaten by police as the protestors were beingdispersed. Authorities arrested approximately 82 individuals, released 52, anddetained 30 individuals at the NISS office in Khartoum Bahri.[7]
On20 January[8]and 5 February[9],NISS released two detainees who were in their custody since 16 January. On 28January 2018, two other detainees were transferred to NISS political section atZalingei prison in Central Darfur, approximately 1,300 kilometres away fromKhartoum and are still being detained incommunicado.[10]
On17 January, police and security forces arrested and detained 38 moreindividuals who were participating in a protest against the increase in pricesof basic commodities, held in Omdurman. Mr. Bahram Abdulmonim was beaten by thepolice and sustained injuries to his right hand.[11]Three detainees were released on 22 January 2018.[12]
On18 January, national security in Port Sudan, in Red Sea state, raided theUniversity of Red Sea whilst students were engaged in a protest against theincrease in prices of basic commodities. The security officials, armed withwater hose pipes, beat up the student protestors as they dispersed them. Duringthe raid, three students were arrested and detained at the NISS office in PortSudan.[13]
On20 January, at least 5 people were killed and 26 others sustained gunshotwounds when the Sudanese Armed Forces (SAF) and Rapid Support Forces (RSF)opened live ammunition on a crowd of peaceful protestors at Hasahisa camp forinternally displaced persons (IDPs) in Zalingei, Central Darfur.[14]
In Sudan, NISS and armed forces have powers concurrentto police’s powers during demonstrations as provided for in the NationalSecurity Act of 2010 and the Armed Forces Act of 2007.[15]The involvement of military and armed security in policing has proven to behighly problematic in Sudan; all forces should only use force as a last resortand in proportion to what is strictly necessary to respond to acts of violence.
Prolongedand incommunicado detention
From6 January through 6 February 2018, the NISS arrested and detained approximately94 individuals, including opposition political party leaders, studentactivists, journalists, and human rights defenders for an indefinite period andin most cases incommunicado, withoutcharge or access to their families or lawyers.[16]
TheNISS routinely holds detainees incommunicado and without charge for prolongedperiods including in excess of the four and a half months permitted by theNational Security Act of 2010.[17]See Annex 1 for a list of detainees currently under NISS custody.
On15 January, the Security Committee of Al Obeid, in North Kordofan, headed bythe governor of the state, placed twohuman rights defenders, Mr. Osman Salih, an advocate and a member of theSudanese Communist Party and Ali Abulgasim, an advocate and a member of theNational Umma Party, under six months detention in accordance with theemergency law.[18]Following thisdecision, the two human rights defenders were transferred from NISS custody inAl Obeid where they were being held incommunicado since their arrest on 10January and taken to the Al Obeid Prison. Two applications requesting that thefamilies be granted permission to visit the detainees were denied by thesecurity committee of Al-Obeid on 15 January and 4 February. The detainees havebeen held incommunicado for 28 days.
On25 January and 30 January, two constitutional petitions were submitted by ateam of Sudanese lawyers on behalf of 20 individuals currently in NISSdetention. The petition was filed against the Government of Sudan and theNational Intelligence and Security Services. The petition argues that thearrest and continued detention of the 20 individuals, among others, violatestheir rights to freedom of expression and assembly as guaranteed in the InterimNational Constitution and international treaties ratified by Sudan. Thepetition also requests the court to order authorities holding the 9 detaineesto produce them before the court for the hearing of the case to proceed.[19]
Confiscationof print runs of daily newspapers
Inaddition to the crackdown on protests, the NISS have continuously confiscateddaily print runs of Sudanese daily newspapers without giving any reason. Theconfiscations started on 7 January after newspapers covered anti-austerityprotests that occurred on 5 and 6 January in Khartoum, Aljazeera, and Kassala.The authorities have continued to prevent distribution of print runs ofdifferent daily newspapers, including traditionally pro-government newspapers,across the month of January. According to a reliable source, newspapers suffera loss of approximately $450 when their daily print runs are confiscated.
Onthe morning of 7 January, NISS officials prevented six daily newspapers inKhartoum from distributing printed copies with no rationale given. Theyinclude:
§ Altayyar,a traditionally pro-government newspaper;
§ Almustagila,a traditionally pro-government newspaper;
§ Algarar,a traditionally pro-government newspaper;
§ Alsiha,a traditionally pro-government newspaper;
§ AkhbarAlwatan, affiliated with Sudanese Congress Party and
§ AlMidan, affiliated with the Sudanese Communist Party.[20]
On8 January 2018, the NISS confiscated the daily print-runs of Aljareeda, an independent newspaper and Albaath, a newspaper affiliated withArabic Baath Party, without giving reasons. The lead story of Aljareeda newspaper which wasconfiscated covered thestudent protests that took place in El Geneina, WestDarfur, the previous day.[21]
On21 January, NISS confiscated daily print runs of Akhbar Alwatan without any reasons given. The trucks carrying thedaily print runs were intercepted by the NISS as they headed out of theprinting house. The edition contained an article about the crackdown of theprotests and the arbitrary arrests carried out in connection with the protests.Akhbar Alwatan newspaper istraditionally affiliated to the opposition Sudanese Congress Party. Al Midan newspaper was prevented fromdistributing its daily print runs on 16, 17 and 18 January 2018, without anyreasons given. Aljareeda wasprevented from distributing its daily print runs on 16, 18, 19 and 20 January2018, without any reasons given. It is very likely that the confiscationsrelate to their coverage of the peaceful protests against the government. Al Midan newspaper is traditionallyaffiliated with the opposition Sudanese Communist Party that organised theJanuary 16 protest in Khartoum.[22]
On28 January, the NISS of Khartoum prevented the distribution of daily printsruns of Al Midan Newspaper,affiliated with Sudanese Communist party and Akhbar Alwatan affiliated with Sudanese Congress party, withoutgiving any reason.[23]
On1 February, the NISS of Khartoum prevented the distribution of daily printsruns of Al Midan Newspaper, anewspaper traditionally affiliated with Sudanese Communist party and Aljareeda independent newspaper, withoutgiving any reasons. According to a reliable source, it is believed that thepost-print censorship of the two newspapers was done in response to articlesdiscussing the protest that took place in Khartoum Bahri on 31st January 2018.[24]
On6 February, the NISS of Khartoum prevented AlMidan newspaper from distributing copies of its daily print runs withoutgiving any reasons.[25]
[1] ACJPS, Sudanese forces fire liveammunition at student protesters killing one student and injuring six others inEl Geneina, West Darfur, 8 January 2018, available at: http://www.acjps.org/sudanese-forces-fire-live-ammunition-at-student-protesters-killing-one-student-and-injuring-six-others-in-el-geneina-west-darfur/
[2] ACJPS, Sudanese forces fire liveammunition at student protesters killing one student and injuring six others inEl Geneina, West Darfur, 8 January 2018, available at: http://www.acjps.org/sudanese-forces-fire-live-ammunition-at-student-protesters-killing-one-student-and-injuring-six-others-in-el-geneina-west-darfur/
[3] Annex 1: information on arrests anddetention January-February 2018
[4] See in particular ACHPR, Abdel Hadi, Ali Radi & Others v Republicof Sudan, Communication 368/10, 2013, paras. 47-49 and Osman Hummaida, Monim Elgak and Amir Suliman v Sudan, Communication379/09, 2014, paras. 66-70.
[5] ACJPS,79 activists detained incommunicado amidst heavy crackdown on popular protestsin Sudan, 22 January 2018, available at: http://www.acjps.org/79-activists-detained-incommunicado-amidst-heavy-crackdown-on-popular-protests-in-sudan/;HRW, AI,KACE, ACJPS, Sudan: Stop Abuse of Peaceful Demonstrators, 29 January 2018,available at: http://www.acjps.org/sudan-stop-abuse-of-peaceful-demonstrators/.
[6] Op. cit., ACJPS, Sudanese forcesfire live ammunition at student protesters killing one student and injuring sixothers in El Geneina, West Darfur.
[7] Op.cit., ACJPS, 79 activists detained incommunicado amidst heavy crackdown onpopular protests in Sudan
[8] Rashan Aushie, a journalist withAljareeda newspaper was released on 20 January. ACJPS, Update: Continuedarbitrary arrests and incommunicado detention of Sudanese citizens amidstcrackdown on January 2018 peaceful protests, 30 January 2018, available at; http://www.acjps.org/update-continued-arbitrary-arrests-and-incommunicado-detention-of-sudanese-citizens-amidst-crackdown-on-january-2018-peaceful-protests/ .
[9] Mr.Sidig Yousef Ibrahim Elnour, a member of Central Committee of oppositionSudanese Communist Party, was arrested on 16 January and released on 5February. ACJPS, Update: 29 individuals join the list of individuals detainedincommunicado, 7 February 2018, available at; http://www.acjps.org/update-29-individuals-join-the-list-of-individuals-detained-incommunicado/.
[10] Op. cit., ACJPS, Update: Continuedarbitrary arrests and incommunicado detention of Sudanese citizens amidstcrackdown on January 2018 peaceful protests, 30 January 2018.
[11] Op. cit., ACJPS, 79 activistsdetained incommunicado amidst heavy crackdown on popular protests in Sudan.
[12] Op. cit., ACJPS, Update: Continuedarbitrary arrests and incommunicado detention of Sudanese citizens amidstcrackdown on January 2018 peaceful protests, 30 January 2018.
[13] Ibid.
[14] Op.cit., ACJPS, Five IDPs killed as SAF and RSF use live ammunition to disperse aprotest in Central Darfur.
[15] AmnestyInternational and ACJPS, Excessive and Deadly: The use of disproportionateforce, arbitrary detention
and torture against protestors in Sudan, 3 September 2014,available at: http://www.acjps.org/excessive-and-deadly-the-use-of-disproportionate-force-arbitrary-detention-and-torture-against-protestors-in-sudan/ .
[16] Annex1: information on arrests and detention January-February 2018. See also: ACJPS,18 individuals arbitrarily detained in the wake of anti-austerity proteststhroughout Sudan, 12 January 2018, available at; http://www.acjps.org/18-individuals-arbitrarily-detained-in-the-wake-of-anti-austerity-protests-throughout-sudan/; Op. cit., ACJPS, 79 activistsdetained incommunicado amidst heavy crackdown on popular protests in Sudan; Op.cit., ACJPS, Update: 29 individuals join the list of individuals detainedincommunicado; Op. cit., ACJPS, Update: 29 individuals join the list ofindividuals detained incommunicado, FIDH, Sudan : Incommunicado detention of 8human rights defenders, lawyer and journalists, and arbitrary detention of ajournalist and human rights defender for participating in peaceful protests, 8February 2018, available at: https://www.fidh.org/en/issues/human-rights-defenders/sudan-incommunicado-detention-of-8-human-rights-defenders-lawyer-and
[17] Under the 2010 National Security Act(NSA), detainees can be held for up to four and a half months without judicialreview
[18] Astate of emergency is in force in the five states of Darfur, South Kordofan andBlue Nile, bringing Sudan’s emergency laws into operation. The legal frameworkfor emergencies as set out in the Emergency and Protection of Public Safety Actof 1997, read together with the Emergency and Public Safety bylaw of 1998,permits preventive arrest and detention on vague grounds. These include thebelief of the authorities that the person in question has acted or may act in away that “affects public security, or public safety, or … participated in anycrime related to the declaration”. The 1998 bylaw provides neither time limitsfor this type of detention, nor judicial oversight, and therefore authorisesprolonged if not indefinite detention. The broad powers given to the Executiveunder the 1997 Act and 1998 bylaw have repeatedly given rise to concerns overarbitrary arrest and detention, ill-treatment and torture, and violations ofthe right to a fair trial, which are facilitated by the virtually completeabsence of safeguards and judicial oversight. Op. cit., ACJPS, Update: Continued arbitrary arrests and incommunicadodetention of Sudanese citizens amidst crackdown on January 2018 peacefulprotests, 30 January 2018;; KACE, Constitutional Appeal Filed On Behalf Of AmelHabbani And Other Detained Human Rights Defenders, 6 February 2018, availableat; http://www.kacesudan.org/en/constitutional-appeal-filed-behalf-amel-habbani-detained-human-rights-defenders/.
[19] Op.cit., ACJPS, Update: Continued arbitrary arrests and incommunicado detention ofSudanese citizens amidst crackdown on January 2018 peaceful protests, 30January 2018;; KACE, Constitutional Appeal Filed On Behalf Of Amel Habbani AndOther Detained Human Rights Defenders, 6 February 2018, available at; http://www.kacesudan.org/en/constitutional-appeal-filed-behalf-amel-habbani-detained-human-rights-defenders/.
[20] ACJPS,8 newspapers prevented from distribution by NISS amidst protests against recentausterity measures, 9 January 2018, available at: http://www.acjps.org/8-newspapers-prevented-from-distribution-by-niss-amidst-protests-against-recent-austerity-measures/; CPJ,Sudanese authorities seize critical papers after reports on rising food prices,8 January 2018, available at: https://cpj.org/2018/01/sudanese-authorities-seize-critical-papers-after-r.php.
[21] Ibid.
[22] Op. cit., ACJPS, 79 activistsdetained incommunicado amidst heavy crackdown on popular protests in Sudan.
[23] Op.cit., ACJPS, Update: Continued arbitrary arrests and incommunicado detention ofSudanese citizens amidst crackdown on January 2018 peaceful protests.
[24] Op. cit., ACJPS, UPDATE: 29individuals join the list of individuals detained incommunicado, CPJ, Sudandetains local journalist, confiscates newspapers following reporting onprotests, 2 February 2018, available at: https://cpj.org/2018/02/sudan-detains-local-journalist-confiscates-newspap.php
[25] Ibid.