(28 August 2019) The African Centre for Justice and Peace Studies (ACJPS) welcomes the recent commitment expressed by the Sudanese authorities towards accountability for gross human rights violations committed in the country with impunity for decades by signing a Constitutional Charter for the 2019 Transitionary period that mandates the Sovereign Council to investigate and hold accountable perpetrators of human rights abuses in Sudan for the past 30 years.
The Constitutional Charter which was signed in Khartoum on 17 August 2019 by the Transitional Military Council (TMC) and Forces for Freedom and Change (FFC), an umbrella body for the opposition and protests leaders establishes an 11- member Sovereign Council that will rule Sudan during a 3-year transitional period beginning August 2019, followed by elections.
Chapter 7 of the Constitutional Charter mandates state agencies to “form a national, independent investigation committee, with African support if necessary as assessed by the national committee, to conduct a transparent, meticulous investigation of violations committed on 3 June 2019, and events and incidents where violations of the rights and dignity of civilian and military citizens were committed”. The committee is to be formed in a month’s time following the appointment and approval of Prime Minister, Abdallah Hamdok on 21 August 2019.
The Charter also among other things mandates State agencies to; hold accountable members of the former regime by law for all crimes committed against the Sudanese people since 30 June 1989; repeal laws and provisions that restrict freedoms or that discriminate between citizens on the basis of gender and carry out legal reform, rebuild and develop the human rights and justice system, and ensure the independence of the judiciary and the rule of law.
ACJPS urges the Sovereign Council to honor its commitments on accountability for all gross human rights violations committed for the past thirty years, including those committed since the start of the protests in December 2018. The Sovereign Council should promptly facilitate the establishment and cooperate with the work of an effective independent investigation committee into the gross human rights violations committed.
The formation of a Sovereign Council follows an agreement signed by the TMC and the FFC on the transition to a civilian-led government in Sudan on 17 August 2019. The Council is currently being headed by Lieutenant General Abdel Fattah al- Burhan as Chairman for the first 21 months after which a civilian will take over the Chairmanship. The Constitutional Charter automatically dissolved the TMC established on 11 April after the ouster of President Al Bashir by the Sudanese army.
In addition to al-Burhan, the other militaries in the sovereign Council include; Mohamed Hamdan Daglo “Hemeti”, leader of the Paramilitary Rapid Support Forces that have committed gross human rights in Sudan, including the killing of hundreds of protesters in Khartoum on 3 June 2019, Shams al-Din al-Kabbashi, Yasir al-Atta and Ibrahim Jabir Karim whilst the five civilians are Hassan Mohamed Idris, Siddiq Tawer, Mohamed al-Faki Suleiman, Aisha Musa Said and Raja Nicolas Abdel-Masih. All were sworn into office on 21 August 2019 before the Sudanese Chief Justice and al Burhan. The eleventh member nominated and approved by the TMC is Mr Mohamed Hassan Osman al-Ta’aishi.
In June 2019, the TMC officials promised to investigate violence against protesters but findings of an investigation into the 3 June massacre of pro-democracy protesters in Khartoum released on 27 July by the Attorney General revealed that only 87 people were killed and 17 injured at the sit-in site contrary to reports shared by activists. The report further denied that any incidents of sexual assault took place despite documentation from the Sudan Doctor’s Committee. Many opposition and human rights groups, and protesters disputed the findings claiming that the investigation committee lacked transparency and independence. Attacks against peaceful protestors have since continued and resulted in more deaths including four students killed in North Kordofan in late July.
ACJPS calls on the Sovereign Council to prioritize and ensure that all allegations of gross human rights violations are promptly, thoroughly, effectively, independently and impartially investigated and, includes all reported violations against civilians in the war regions of Darfur, Blue Nile and South Kordofan.
Where sufficient evidence exists, prosecute all perpetrators including state security agencies, irrespective of their rank and status or the security agency they are affiliated with through fair trials that comply with International Standards. Immunities granted in the Constitutional Charter should be swiftly lifted where necessary, including where the perpetrator is a member of the Sovereign Council.
Lastly, in addition to national trials on charges of corruption which commenced on 19 August 2019, ACJPS urges the Sovereign Council to ensure that Al Bashir and all members of the former regime are held accountable for gross human rights violations committed for the past 30 years, either through domestic or international trials.
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