Sudan: Activists targeted with arbitrary arrest
and incommunicado detention whilst the media remains restricted amidst
crackdown on December 2018 peaceful protest.
(17 January 2019) The African Centre for
Justice and Peace Studies has received information that the National
Intelligence and Security Services (NISS) and police have since December 19
2018, carried out a mass campaign of arrests targeting activist including,
doctors, human rights defenders, journalists, professors and political party
leaders with arbitrary arrest and prolonged detention, in some cases
incommunicado, for their participation or suspected participation in the
protests that occurred across Sudan. Some of the detainees were subsequently
released while others remain in NISS and police custody without charge or
access to lawyers or family visits. Female detainees have been subjected to a
thorough search while in detention centers and many have been asked about their
tribes or where they come from. Many doctors in the cities of Atbara, Khartoum,
and Obaid were arrested following a peaceful strike organized to show
solidarity with protesters. ACJPS has received reliable information from one of
the released detainees on 25 October 2018, that one of the doctors was
allegedly assaulted and tortured by NISS whilst in detention. In Korodofan
state, Dr. Ahmed Mohammed Osman was shot during a police raid to arrest and
summon doctors. Many doctors were arrested from within the hospital. In
Omdurman, a doctor was injured and four other protesters were killed after
police fired teargas at protesters who were marching to deliver a letter
calling for the resignation of President Omar Al Bashir to the Sudanese
National Assembly in Omdurman on 9 January 2019. On 11 January 2019, the NISS
of Khartoum arrested Dr AlFatih Omer Alsaid (m), the director of Toga Hospital
after he announced that Toga hospital was providing free medical services to
injured protesters. On 26 December 2018, Dr Mohamed Kamal was arrested and
subjected to six-month detention under the emergency law in North Kordofan and
has been transferred to Al-Obeid prison.
Doctors in conjunction with the Sudanese Medical Council, have since the
protest commenced provided medical services and released reports on protesters
wounded and deceased.
ACJPS is deeply concerned about the continued
incommunicado detention of human rights defender, Osman Salih under the
emergency law. Mr. Osman Salih was detained on 24 December 2018 from his home
in Al Obeid, North Kordofan state for his involvement in the protest. On 31
December 2018, he was transferred to Port Sudan prison of Red Sea State from
Al-Obeid prison in North Kordofan state and was informed that he was being held
under the emergency law for six months. This is the second time in 2018 that
Mr. Salih is being arbitrarily detained under emergency law in connection with
protests. Mr. Salih was earlier arrested on 10 January 2018 during the anti-austerity measures protest
and detained at NISS section of Alobid prison for six months under Emergency
law of 2001. He was released on 19 March 2018 and was allegedly subjected to
torture while in custody. Similarly, is
the arrest and detention of Mr Mohamed Bagan, an advocate and human rights
defender who was arrested on 25 December 2018, for participating in the
protest. He is being detained incommunicado, for three months in Eldien, East
Darfur under the emergency law. On 31
December 2018, two human rights defenders, Ms Samia Argawi and Bakri Gabriel
who have been providing legal aid to protesters detained by police were
arrested in Khartoum. Both are being detained incommunicado in the political
section of the NISS. ACJPS has been informed that those in incommunicado
detention have not had access to their lawyers or family members. On 9 January
2019, the NISS of Nyala, South Darfur, arrested six human right defenders
whilst carrying out peaceful protest in solidarity with detainees in other
Sudanese towns in front of Central Court of Nyala. We are concerned about the
physical and psychological wellbeing of detainees as we fear they may be
subjected to torture or ill treatment given the well the documented use of
torture and ill treatment by NISS against detainees. In this report, ACJPS
documents the arrest and detention of 30 human rights defenders, some of whom
were arrested more than once since 19 December 2018.
ACJPS is also concerned about the frantic
campaign launched by NISS against the press by imposing strict
prior-publication censorship, monitoring the content of daily newspapers and
banning of Journalist from writing. On 20 December 2018, newspapers were forced
to reprint the copies of publications which had protests related headlines.
Newspapers that refused to comply with instructions to reprint their editions
such as Altyaar newspaper which is considered loyal to the ruling party, was
denied distribution. Altyaar newspaper was also forced by NISS on 3 January
2018 to remove the article of Journalist, shamail Elnoor from the issue of the
day. Ms. Elnoor was earlier arrested and released with group of Journalists
from in front of Altyaar newspaper house on 27 December 2018. Also on 3 January
2018, Mohamed Abdel Almajid(m), a Journalist with Al-Siha Political newspaper
and Goan Sport Newspaper was informed by both newspapers that he has been
banned from writing by NISS because of an article he published criticizing the
ruling party. On 25 December 2018, the government national media corporation
stopped the work of one of its employee, a journalist who had published protest
related articles on social media platforms. Four Journalists, Sarah Daifallah,
Omi Abdelrazik, Khalid Fathi, and Iman were on 6 December 2018 arrested and
allegedly physically assaulted while in NISS custody, their phones were also
confiscated and inspected. This is not
the first time the media has been targeted by the security forces while
covering protest. In January 2018, NISS targeted opposition affiliated
journalist that covered the anti-austerity measures protest with arrest and
detention and prevented 8 newspapers from distribution. The continued
arbitrary arrest and detention of journalists in response to their reporting on
peaceful protests violates right to freedom of expression and free press as
provided in article 39 of the Sudanese Interim National Constitution of 2005 and
International and Regional human rights treaties that Sudan is a state party
to. Media restriction by the authorities is usually aimed at silencing decent
and preventing the coverage and publication of information related to the
demonstrations.
Although Articles 39 and 40 of the 2005
Sudanese Interim Constitution guarantees the freedom of expression and assembly
respectively, Sudanese authorities have progressively and deliberately
continued violating these rights through arrest, detention and prosecution of
protesters for malicious and fabricated charges usually under Articles 69
(disturbance of public peace) and 77 (public nuisance) of Sudanese Criminal
Code and subjecting protesters to long
detention periods under the Emergency laws. In
our recent report, we reported the placement of 17 protesters on six
months detention period in Shala Prison
in North Darfur under the emergency law. Protesters in Al-Tartar in
South Kordfan State and Al-Deain in East Darfur State were detained for three
months under the emergency laws in December 2018. In Sudan, only the states of
Khartoum and Red Sea have not applied the emergency laws which usually
authorize preventive arrest and detention on the basis of vague grounds without
time limits to the detention.
Article 51 of the Sudanese National Security
and Intelligence Law of 2010 which permits investigative detentions for up to 4
and half months is being used against
the Peaceful protesters in Khartoum, Wad
Madani, Port Sudan, Atbara, and Sinar to arrest innocent protesters including
twenty professors of Khartoum University and Al Nelein University as well as
members of opposition parties, members of trade
union secretariat, Teachers associations , Doctors, Human Rights
defenders , Lawyers, and Journalists.
ACJPS deplores the targeting of human rights
defenders, journalist and other activist and calls on the Government of Sudan
to respect the people’s rights to freedom of assembly, association and
expression as guaranteed in international standards and UN treaties ratified by
Sudan. We strongly urge security agencies to stop harassing and intimidating
Sudanese citizens, including human rights defenders, doctors and journalists
and others who seek to exercise their rights to freedom of expression,
association, and assembly. The authorities must guarantee in all circumstances
that human rights defenders and journalist are able to carry out their
legitimate activities without fear of reprisals and free of all restrictions,
including judicial harassment. We further urge the Government to release those
in detention, in absence of valid legal charges that are consistent with
international standards, and grant those in detention access to courts to
challenge their detention.
BACKGROUND
Sudanese authorities have continued to use
force including firing of live ammunition to disperse peaceful protests around
Sudan resulting in several deaths and injury of Sudanese citizens during the
December 2018– January 2019 protest that was sparked off by the increase in
prices of basic commodities and fuel, resulting from the austerity measures
imposed under the 2018 Sudanese Budget. The demonstration which initially
denounced the rising cost of living and shortages of food and fuel quickly
developed into an anti-government rally calling for the resignation of
President Omar Al Bashir by 31 December 2018, following a violent response from
the Sudanese authorities. State security responded to the peaceful protests
with lethal force. African Centre for Justice and Peace Studies received
reliable information of the involvement of unidentified individuals wearing
masks and reportedly affiliated with the
ruling party who have targeted protestors with force and used tear gas to
disperse protests. By 31 December, at least 13 protesters had been killed and
over 50 injured including minors. More than 80 people have been arrested and
detained since the protest begun on December 19 2018, including lawyers,
politicians, activist, advocates, doctors and students among others.
This is the second time in 2018 that security
agencies have targeted activist with arrest and detention during a protest. In
January 2018, following a country wide protest against austerity measures
imposed under 2018 budget, hundreds of protesters including activists were
arrested and detained incommunicado.