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 88th
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: –
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.
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.
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.
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.
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;
Mohamed
Ahmed Salah (m), a retired customs officer.
Shalabi,
an engineer.
Salah
Samarit (m), a political activist.
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;
Mr
Taj Eldien Ibrahim Taj Eldien, a finance officer in the office of state
minister for finance in Central Darfur.
Mohamad
Ismail, a government employee working with appeal court of central Darfur
Judiciary.
Mohamed
Wadidi, an activist.
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.
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;
Mr
Mohamed Ahmed Isa, also known as (Kindi), a civil servant working in the appeal
court of central Darfur.
Mr
Ismail Ali Wadi, a high school teacher
On
1 April 2019, NISS of arrested the following from Port Sudan.
Abu
Fatima Mohammed Tahir(m)
Aymen
Salah Eildien Idris(m)
Ali
Hashim (m)
El-Sadig
Mohammed Ahamed (m)
Adam
Abu Bakar (m)
Mohamed
Ahmed (m)
Mudathir
Mohamed Gasim Elsip (m)
Walid
Mohamed Ahamed (m)
Ahamed
Mohamed Al-Rais (m)
Mohamed
Ahmed Hama (m)
Osman
Tariqi Suliman (m)
Ahamed
Khair Elsid (m)
Amar
Mohammed Yousef (m)
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.
Fakhr
Eldien Abakar(m)
Numiri
Jumaa(m)
On
3 April 2019, NISS arrested Mr Ali Elteyeb in Red Sea, Port Sudan.
Mr
Hassan Bakari, member of the Baath party was arrested on 4 April 2019.
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