11.03.2008 - Source: US Department of State

Security forces often hold persons incommunicado in unknown locations; individuals are being arbitrarily arrested and detained ("Country Report on Human Rights Practices 2007") [ID 23000]

"Although the law provides for access to a lawyer, security forces often held persons, including criminal detainees, incommunicado for long periods in unknown locations without access to their lawyers or family members.

Individuals were arbitrarily arrested and detained.

In general the authorities detained persons for a few days before releasing them without charge or trial; however, there were exceptions, particularly for perceived political opponents."

Document(s): Open document

31.01.2008 - Source: Human Rights Watch

Khartoum: Notable increase of arrests and incommunicado detentions of journalists and political activists in 2007 ("World Report 2008") [ID 22235]

"There has been a notable increase in cases of arrest and incommunicado detention of journalists and political activists in Khartoum, often without charge.

Articles 31 and 33 of Sudan's National Security Act allow for detention without charge for up to nine months, in violation of international standards.

In July 17 people were arrested in Khartoum on suspicion of plotting to overthrow the government.

Most remain in detention without charge, including retired army generals and members of the Umma Party Reform and Renewal splinter group, including its leader Mubarak al-Mahdi."

Document(s): Open document

23.05.2007 - Source: Amnesty International

Southern Sudan: Arbitrary detentions widespread in 2006 ("Annual Report 2007") [ID 20072]

"

Arbitrary detentions were widespread.

• Charles Locker, Executive Director of the NGO, Manna Sudan, was detained by local authorities in Ikotos in July, and subsequently detained without charge or trial in Torit until September. He appeared to have been detained for criticizing the role of the governor of Eastern Equatoria state and other local government authorities in tribal clashes."

Document(s): Open document

23.05.2007 - Source: Amnesty International

Security forces arbitrarily detained people incommunicado and without charge or trial ("Annual Report 2007") [ID 20080]

"

The security forces, in particular the National Security Agency, arbitrarily detained people incommunicado and without charge or trial.

• Ali Hussein Mohammed Omar and two other members of the Beja Congress were arrested in March in Kassala, ill-treated and held for 10 weeks in secret locations without being charged and without access to their families or lawyers.

• In Khartoum in September scores of Darfuris and others were arrested and held incommunicado without formal charges, allegedly in the context of the murder of Mohammed Taha, editor of al-Wifaq newspaper. His killing in September appeared to be politically motivated. Those detained included Abulgasim Ahmed Abulgasim, who had been summarily deported from Saudi Arabia (see Saudia Arabia entry)."

Document(s): Open document

06.03.2007 - Source: US Department of State

Interim constitution and law prohibit arbitrary arrest and detention without charge, but warrants are not required for an arrest ("Country Report on Human Rights Practices 2006") [ID 19250]

"The interim constitution and law prohibit arbitrary arrest and detention without charge; however, the government continued to arbitrarily arrest and detain under the National Security Act. [...]
Warrants are not required for an arrest. Under the Criminal Code, an individual may be detained for three days without charge, which can be extended for 30 days by order of the director of security and another 30 days with the approval of the prosecuting attorney. Under the National Security Act, which supersedes the Criminal Code, an individual accused of violating national security may be detained for three months without charge, which the director of security may extend for another three months. In practice, indefinite detentions were common. The law provides for the individual to be informed of the arrest charges at the time of arrest and for prompt judicial determination without undue delay, but these provisions were rarely followed.
The law allows for bail, except for those accused of crimes punishable by death or life imprisonment, and there was a functioning bail system.
Although the law provides for access to a lawyer, security forces often held persons, including criminal detainees, incommunicado for long periods in unknown locations without access to their lawyers or family members. For example, on August 9, MI officials took American journalist Paul Salopek and his two foreign assistants into custody after they crossed the border from Chad without a visa. They held Salopek incommunicado for nine days without notifying consular representatives or providing him access to a lawyer."

Document(s): Open document

06.03.2007 - Source: US Department of State

Arbitrary lenghty detention before trial and house arrest without due process common in 2006 ("Country Report on Human Rights Practices 2006") [ID 19255]

"Arbitrarily lengthy detention before trial was common. Trial delays were caused by large numbers of detainees and judicial inefficiency, such as the failure of judges to appear for court.

The government routinely used house arrest without due process. "

Document(s): Open document

23.05.2006 - Source: Amnesty International

Ongoing arbitrary detentions ("Annual Report 2006") [ID 18320]

"Hundreds of political prisoners continued to be held arbitrarily in Khartoum. Arbitrary arrests, incommunicado detention, torture and restrictions on freedom of expression persisted, aimed in particular at human rights defenders, student activists and internally displaced people in and around Khartoum."

Document(s): Open document

20.04.2006 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation

Security apparatus is free to detain persons arbitrarily without arrest warrants ("10th European Country of Origin Infomation Seminar Budapest, 1 - 2 December 2005: Final Report on Sudan") [#49770],  [ID 18915]

"Under the National Security Act which is still being implemented, the security apparatus has impunity and is free to detain persons arbitrarily without arrest warrants. The National Security Act allows detention without trial and judicial review for 30 days which can be extended three times. De facto, detention can be extended indefinitely. Many detainees are held incommunicado and are not given access to lawyers. Family members are not informed about their status."

Document(s): Open document

20.04.2006 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation

According to Criminal Procedures Act, a detainee must be brought before a judge after 48 hours of detention ("10th European Country of Origin Infomation Seminar Budapest, 1 - 2 December 2005: Final Report on Sudan") [#49770],  [ID 18916]

"The Criminal Procedures Act, which is based on the formerly British system, would offer different safeguards: a detainee must be brought before a judge after 48 hours of detention. There is a possibility of bail, and detention can be extended to 15 days of investigative detention. This system is not really in effect, because, first of all, many people are detained under emergency law, especially when there are political implications. Moreover, the judicial system is heavily overloaded. The safeguards of the Criminal Procedures Act are often not implemented simply because courts cannot cope with the number of cases."

Document(s): Open document

08.03.2006 - Source: US Department of State

Political activist Salah Abdelrahman was detained incommunicado for two months without filing charges ("Country Report on Human Rights Practices 2005") [#46041],  [ID 12252]

"On January 24, authorities arrested, beat, and detained, and for several months political activist Salah Abdelrahman; they held Abdelrahman incommunicado for two months before releasing him on August 11 without filing charges."

Document(s): Open document

08.03.2006 - Source: US Department of State

Government detains persons for a few days before releasing them without charge or trial ("Country Report on Human Rights Practices 2005") [#46041],  [ID 12253]

"Individuals were arbitrarily arrested and detained. In general the government detained persons for a few days before releasing them without charge or trial; however, there were exceptions, particularly for perceived political opponents."

Document(s): Open document

08.03.2006 - Source: US Department of State

Government continued to use arbitrary arrest and detention although it is prohibited by law ("Country Report on Human Rights Practices 2005") [#46041],  [ID 12254]

"The law prohibits arbitrary arrest and detention without charge; however, the government continued to use arbitrary arrest and detention under the state of emergency provisions (until July 9) or under the National Security Act."

Document(s): Open document

10.02.2006 - Source: UN High Commissioner for Refugees

Arbitrary detention by security forces persists ("UNHCR's position on Sudanese asylum-seekers from Darfur") [#44832],  [ID 18370]

"The National Assembly passed a new Security Act in July 1999, which allows
the security forces to detain individuals for a period of three days for investigation. It
is difficult to assess whether the three-day provision of the Act is being strictly
implemented. Since the security forces wield considerable power, arbitrary detention
for much longer periods persists. In addition, many suspected political opponents are
required to report every day to security offices, where they have to stay all day."

Document(s): Open document

08.03.2005 - Source: Amnesty International

Under National Security Act, security forces have power to incommunicado detain persons up to 9 months ("Sudan - Further Information on UA 27/05") [#29937],  [ID 20309]

"Das im Dezember 2000 ergänzte Gesetz zur nationalen Sicherheit (National Security Act) von 1999 verleiht den Sicherheitskräften weitgehende Machtbefugnisse. So können sie gemäß §§ 31 und 33 dieses Gesetzes Personen bis zu neun Monate in Haft ohne Kontakt zur Außenwelt halten."

Document(s): Open document
Open document

30.04.2003 - Source: Integrated Regional Information Network

Darfur state: Increasing number of cases of arbitrary arrests and torture by the Sudanese security forces ("Sudan: Rights groups condemn government action in Darfur") [#12405],  [ID 12255]

"International human rights organisations have condemned what they say are increasing cases of arbitrary arrests and torture by the Sudanese security forces in the Darfur state of western Sudan.
The London-based rights organisation Amnesty International cited the case of 24 people on murder charges who, it said, were tried by Special Courts whose procedures were "grossly unfair".
"The state has a duty to punish those who commit such crimes but they must be given a fair trial and not be sentenced to death," Amnesty said. "The government of Sudan must ensure that those sentenced are given a fair hearing during the appeal process."
The Swiss-based World Organisation Against Torture (OMCT) said it was concerned by the increased arbitrary mass arrests and risk of torture directed against members of the Zaghawa tribe in Darfur.
"OMCT is gravely concerned by this most recent wave of arbitrary arrests that have been carried out by the National Security Agency and the intelligence services," it said. "OMCT calls for their immediate release unless there are valid legal charges against them that are in line with the international law."
Darfur has experienced increased insecurity in recent months, with rights groups accusing the Khartoum government of arming Arab nomadic tribes against indigenous sedentary agricultural groups.
In response to the attacks, a group from the indigenous communities has taken up arms and formed a rebel movement, the Sudan Liberation Movement/Army (SLM/A).
The Khartoum government has accused the Eritrean government and the southern rebel Sudan People's Liberation Movement/Army (SPLM/A) of supporting the Darfur rebel group, charges strongly denied by Asmara."

Document(s): Open document

31.01.2003 - Source: Amnesty International

Reports of continuing arbitrary and incommunicado detention, unfair trials as well as the forced recruitment of children and displacement of civilians by all sides in the armed conflict ("Sudan: Preliminary conclusions of Amnesty International's mission") [#10584],  [ID 12256]

Document(s): Open document