Permanent Representatives of Member and Observer States of the UN Human Rights Council

Permanent Representatives of Member and Observer States of the UN Human Rights Council

by | Jan 29, 2019 | Articles, Newsletters

 

Re: Civil society call on Human Rights Council to dispatch an independent international fact-finding mission to establish the facts and circumstances of alleged human rights abuses committed in Sudan

Dear Excellencies,

We, the undersigned Sudanese, African and international organisations and individuals, write to you ahead of the 40th session of the UN Human Rights Council (“the Council”), which will take place from 25 February-22 March 2019, to express our concerns and urge you to address the Sudanese government’s crackdown on peaceful demonstrators and ongoing violations of human rights. Since 13 December 2018, tens of thousands of people have protested throughout Sudan and the authorities have responded by indiscriminately firing live ammunition and tear gas into crowds of peaceful protesters killing more than 50 civilians.

 

These attacks are not taking place in a vacuum: they follow decades of violations committed during systematic and widespread attacks on civilians — amounting to crimes against humanity — both in the context of popular protest and multiple conflicts waged against populations in Sudan’s designated peripheries.[1] Sudan is one of the few countries subject to HRC special procedures regime since 1993, an International Criminal Court (ICC) situation investigation, a UN sanctions regime all-encompassing human rights and humanitarian law mandates. In light of this, preventing a further escalation of the situation is essential. As provided by Resolution 38/18[2] and highlighted by UN High Commissioner for Human Rights Michelle Bachelet, the Human Rights Council has an important role to play in contributing to the prevention of human rights violations. An early intervention on the part of the Council and of all UN human rights bodies and experts is crucial.

 

We urge the Human Rights Council to reiterate to the Government of Sudan that all Sudanese have the inherent right to life, freedom from torture and inhumane and degrading treatment, freedom of expression, association, and peaceful assembly including freedom of the media. We further urge you to call on the Government of Sudan to:

 

  • Stop the use of lethal and excessive force against peaceful protesters/demonstrators
  • Release all those arbitrarily detained by NISS and other government forces, and for those charged, ensure due process of law and a fair trial including the right to promptly access courts, to review the legality of their detention and access a lawyer of their own choosing
  • End its policies of post and pre-print censorship of newspapers
  • End all acts of harassment and intimidation of citizens including human rights defenders, peaceful demonstrators, journalists (international and national), doctors, engineers, lawyers and others who seek to exercise their rights to freedom of expression, association, and peaceful assembly

 

We call on the Human Rights Council to:

  • Dispatch urgently an independent international fact-finding mission, to be appointed by the President of the Human Rights Council, to establish the facts and circumstances of the alleged recent human rights violations committed in the Sudan, including excessive use of force and killings of peaceful demonstrators, as well as torture and ill-treatment of detainees by the Government of Sudan, with a view to ensuring full accountability for perpetrators and justice for victims; and
  • Request that the fact-finding mission present an oral update to the Council at its fourty-second session and a full report at its fourty-third session.

 

Sincerely,

Abdelmonim El Jak, Researcher 

Act for Sudan, Eric Cohen, Co-Founder, USA

African Centre for Justice and Peace Studies (ACJPS)

Al-Khatim Adlan Centre for Enlightenment and Human Development (KACE)

Cairo Institute for Human Rights Studies

Dr. Mutaal Girshab, Activist & Director, The Regional Centre for Training & Development of Civil Society

Darfur Bar Association

DefendDefenders, the East and Horn of Africa Human Rights Defenders Project

Elhag Ali Warrag, Hurriyat Editor in Chief 

Enough Project

Faith J. H. McDonnell, Director, International Religious Liberty Program & Church Alliance for a New Sudan

FIDH, International Federation for Human Rights

Hala Al-Karib, The Strategic Initiative for Women in The Horn of Africa

HUDO Centre, Bushra Gamar, Executive Director

Human Rights Watch

Horn of African Civil Society Forum

Institute on Religion and Democracy, Washington, DC

Investors Against Genocide, Susan Morgan, Co-Founder, San Francisco, CA, USA

Justice Center for Advocacy and Legal Consultation

Massachusetts Coalition to Save Darfur, William Rosenfeld, Director, Boston, MA, USA

MENA Rights Group

Najaa Ahmed, human rights advocate

National Human Rights Monitors Organisation

Never Again Coalition

Skills for Nuba Mountains

Stop Genocide Now

Sudan Democracy First Group

Sudanese Rights Group (Huqooq)

SUDO (UK)

The MagkaSama Project, France

The Platform of Sudanese Lawyers Abroad

 

Background

 

Since 13 December 2018, tens of thousands of people have protested throughout Sudan. Protests were triggered by the rising prices of basic commodities and are now calling for regime change and a transitional government that will fulfill aspirations for justice, peace, freedom and democratic transformation.

 

The Sudanese authorities, including the National Intelligence and Security Service (NISS) and the Anti-Riot Police as well as private militias in civilian clothes, have responded by indiscriminately firing live ammunition and tear gas into crowds of peaceful protesters, killing civilians. At the start of January, the number of civilians killed was reported to be 40[3] but civil society place the number now above 50. Witnesses have reported that snipers have targeted demonstrators in the head and chest. Security forces have also attacked wounded people undergoing medical treatment in hospitals[4] and private homes.[5]

 

On 9 January 2019, Sudanese authorities fired live ammunition and tear gas inside Omdurman Hospital, arrested doctors and interrupted their care of patients.[6] Tear gas was also reportedly fired in several other hospitals on 13 January.[7] In a joint statement, the Troika – comprising of the US, Britain and Norway – and Canada, stated they were “appalled by reports of deaths and serious injury” of protesters, calling on the Government of Sudan to ensure a “fully transparent and independent investigation.”[8] Sudanese officials and leaders of the ruling NCP have issued numerous statements threatening peaceful protesters. Sudan’s President Omar al Bashir has stated “the objective is not to kill protesters, but to safeguard the security and stability of citizens.”[9] However on 8 January 2019 former Vice President Ali Osman Taha, and current member of the leading bureau of the ruling NCP, warned opponents of the government that militia “brigades” would defend the regime.”[10] On 10 January the former Speaker of the Parliament Al-Fatih Izzeldeen threatened those who protest saying “we will cut their heads off.”[11] As of 25 January, the Government of Sudan had officially acknowledged 29 deaths.[12]

 

Since the start of the protests, human rights organisations have documented the detention of hundreds[13] of people including opposition politicians, students, doctors, advocates, activists and journalists, university professors.[14] The number of detained is difficult to corroborate due to access constraints. We are concerned for the physical and psycho-social well-being of those detained by NISS. Many are detained through the use of emergency laws, which permit prolonged, if not indefinite, detention through arbitrary preventative arrest. Those detainees face inhumane and degrading treatment and torture, both of which have been widely reported by our organisations, including in the context of the current protests.[15]

 

Of particular concern is the detention, torture and ill-treatment of Darfuri students. On 23 December 2018, the NISS raided a home in Sennar and detained 33 students, subsequently transferring them to incommunicado detention in Khartoum. In two other raids in Khartoum North, about 15 students were also detained. Over 50 Darfuri students have since been unconstitutionally detained.[16] The chief of NISS later held a press conference stating that the detained students were members of an armed Darfuri movement (SLA/ Abdelwahid) that had received training from Mossaad, the Israeli intelligence agency, and that they had been sent to infiltrate the protests. Videos broadcast on Sudan TV and other government affiliated television channels showed the detained students confessing to instigating the demonstrations with clear signs of beatings and fatigue.[17]

 

We are also concerned about the restrictions placed on media freedom. The Government has restricted access to social media whilst continuing to target traditional media through newspaper confiscations and intimidating and harassing journalists covering the protests. The restriction of the internet is a violation of the public’s right to receive and seek information and is in violation of Article 19 of the International Covenant on Civil and Political Rights (ICCPR). Nine journalists were briefly arrested on 27 December 2018 by the NISS outside the headquarters of the Al Tayar following their protests concerning the harassment of the media by the security services.[18] Similarly, 10 journalists were arrested and 3 journalists physically attacked by security forces on 25 December 2018.[19]

 

These incidents are regrettably typical of the kinds of attacks on civilians by the state security forces over the last decade. In September 2013, government forces used live ammunition in a systematic manner to target peaceful protesters, killing more than 170 protesters[20] and arbitrarily detaining at least 800. Many of whom were subjected to torture and ill-treatment whilst in detention.[21] To date there has been no accountability for these deaths, injuries and other serious violations carried out by Sudanese authorities against protesters. Various UN human rights mechanisms including the UN Independent Expert’s reports (2017) have called for the establishment of an independent judicial inquiry into the killings and various other human rights violations committed[22] but the Government of Sudan has not adequately responded to these calls.

 

A patchwork of legal immunities shields Sudanese government forces from criminal prosecution. Complaints against a member of the security services are curtailed by immunity legislations governing the Sudanese Armed Forces (SAF), NISS, Rapid Support Forces (RSF) and 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 Ministry of Interior, Defence or the Director of NISS. The UN Human Rights Council, the UN Security Council, the African Commission on Human and Peoples Rights (ACHPR) and the African Union have all identified serious systematic impediments to accountability—both de jure and de facto–within the current Sudanese legal and political system. The African Commission for Human and People’s Rights (ACHPR) for example has repeatedly considered this issue in a number of cases against Sudan concluding that Sudan’s legal system does not provide effective remedies for victims of human rights violations.[23] The existence of an ongoing admissible situation investigation with respect to Sudan before the ICC — including outstanding charges against government officials from the President downwards —is additionally indicative.

[1] Hundreds of thousands of civilians have been targeted by agents of the state forcing the international community through the United Nations and the African Union to intervene to protect civilians and address impunity.
[2] The contribution of the Human Rights Council to the prevention of human rights violations, A/HRC/38/L.19/Rev.1, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23518&LangID=E
[3] RFI, “40 killed in Sudan protests as security forces use live rounds”, 2 January 2019
[4] BBC, “Why Sudan is shooting medics”, 18 January 2019
[5] Channel 4 News, Sudan protester under arrest in hospital after being shot, 18 January 2019
[6]   Sudan Tribune, “Sudan doctors call for international condemnation of violence against medical facilities”, 10 January 2019; Human Rights Watch, “A Bloody Day of Protest in Sudan: Violence Against Protesters and Medical Workers Must End”, 10 January 2019
[7]   Amnesty International, Sudan: Security forces continue deadly onslaught on protestors and medical personnel, 18 January 2019
[8]   U.S. Embassy in Sudan, “Statement by the Troika on the Response to Continuing Protests in Sudan”, 8 January 2019
[9]  CNN, “Sudan protests: President ‘completely satisfied’ with police despite brutality claims”, 30 December 2018.
[10]  Human Rights Watch, “A Bloody Day of Protest in Sudan: Violence Against Protesters and Medical Workers Must End”, 10 January 2019
[11]  Sudan Akhbar, 11 January 2019
[12] AlJazeera, Sudan protests spread as death toll rises to 29, 25 January 2019
[13] HRW, KACE, IRRI & ACJPS, “Sudan: Hundreds of Protesters Arrested”, 18 January 2019
[14]  ACJPS, “Sudan Update: Deaths in custody and arbitrary and incommunicado detention of peaceful protestors and obstruction of media coverage of protests”, 9 January 2019
[15] Ibid; HRW, “Sudan: Security Forces Killing, Detaining Protesters, 7 January 2019
[16] HRW, “Sudan: Security Forces Killing, Detaining Protesters, 7 January 2019
[17] Sudan Democracy First Group, “Racial profiling against students from Darfur: NISS technique to quell protests in Sudan”, 29 December 2018.
[18]  RFI, “RSF decries alarming new crackdown on Sudan’s media”, 28 December 2018.
[19] The East African, “Sudan crisis deepens as Bashir digs in to contain protests”, 5 January 2019.
[20] Human Rights Watch, “’We Stood, They Opened Fire’, Killings and Arrests by Sudan’s Security Forces during the September Protests”, 21 April 2014
[21] ACJPS, “Excessive and Deadly: The Use of Disproportionate Force, Arbitrary Detention and Torture Against Protestors in Sudan”, 3 September 2014
[22] Report of the Independent Expert on the situation of human rights in the Sudan, 27 July 2017, paragraph 34, 35
[23] See in particular ACHPR, Abdel Hadi, Ali Radi & Others v Republic of Sudan, Communication 368/10, 2013, paras. 47-49 and Osman Hummaida, Monim Elgak and Amir Suliman v Sudan, Communication 379/09, 2014, paras. 66-70.
Constitutional Appeal filed on behalf of Amel Habbani and other detained human rights defenders

Constitutional Appeal filed on behalf of Amel Habbani and other detained human rights defenders

by | Feb 5, 2018 | Articles, Newsletters

During the third week of January 2018, a team of human rights lawyers submitted an appeal on the ongoing detention of journalist and human rights defender, Amel Habbani, and others, to the constitutional court in Khartoum.

The appeal was submitted on behalf of Amel Habbani and others against the Government of Sudan, represented by the Minister of Justice, as the first defendant and the National Intelligence and Security Services (NISS) as the second defendant and filed under article 16(1) of the 2005 Constitutional Court Law, which provides for a writ inquiring into the lawfulness of the group’s detention.

The appeal seeks to contest the detention of Habbani and others and argues that the arbitrary arrest and the conditions of arrest and detention oppose Sudanese laws and the national constitution and asks the court to look at the constitutionality of the detention circumstances.

It should be noted that the initial consultation meeting to draft this appeal focused on the case of Amel Habbani, however, further communications with families of another journalist and other human rights defenders saw them expressing interest to be part of the appeal. The committee of lawyers saw this as an advocacy opportunity. Moreover, two constitutional appeals were submitted by human rights lawyers on behalf of other groups of HRDs in Khartoum and outside Khartoum during the last two weeks.

On Monday, the 5th of February 2018, lawyers were informed by the court that this appeal has been accepted and will now be processed by the court. This is a victory for the legal team and the defenders represented in this appeal as such appeals are usually rejected by the constitutional court as it often refuses to confront the NISS.

Below we will summarize the body of the appeal which was submitted in the Arabic language:

-The circumstances of detention: the plaintiffs represented in this appeal were arrested in January 2018, kept in locations unknown to their families and even out of reach to judicial assessment which is a priority in all legal detention processes under Sudanese law. Moreover, the plaintiffs were prohibited from communication with their families to understand their circumstances and their personal needs. Finally, none of the plaintiffs have been charged and they have yet to appear in front of the court of law.

-The lawyers gave an overview of the Bill of Rights as worded in the national constitution of Sudan and argued that the arrest and detention by the defendants are in violation of the constitution as per Articles 29, 31, 40(1) and 48. It also violates Articles 2, 7 ,8 ,9 and 30 of the Universal Declaration of Human Rights, Articles 2, 5 , 9 ,17 and 19 of the International Convention on Civil and Political Rights, Articles 2, 4 and 6 of the African Charter on Human and Peoples’ Rights, and Articles 2, 3 (A), 4, 8 and 28 of the Arab Charter on Human Rights, which the constitution acknowledges in its bill of rights as it vows to uphold all international documents, conventions and treaties that Sudan is a signatory to or is part of.

-The plaintiff have the right to take part in any general assembly and thus, as the defendants have violated their constitutional rights, they should be immediately released, be given the right to seek compensation and the defendants should remunerate the legal team (an amount equivalent to 100,000 SDG, or approximately $5,000) for their efforts.

To read the full text of the constitutional appeal in Arabic, click below:

Download (PDF, 714KB)