18.08.2008 - Source: Amnesty International

Amnesty International accuses the government of holding hundreds of people, including women and a nine-year-old, without charge or access to lawyers as they prepare to try another 109 in sham courts over the armed attacks by the Justice and Equality Movement (JEM) on 10 May in the outskirts of Khartoum ("Sudan: Hundreds unaccounted for and 109 to face sham courts over May attacks") [ID 24563]

Document(s): Open document

26.05.2008 - Source: Integrated Regional Information Network

Khartoum: Thousands of people arbitrarily arrested; these arrests have largely been targeted at Darfuris, particularly of the Zaghawa ethnic tribe ("Rights groups decry Khartoum crackdown") [ID 24040]

"Several human rights organisations have accused Sudan authorities of arbitrary arrests, extra-judicial executions and ill-treatment of detainees following the 10May rebel attack on Sudan’s capital. [...]

The Darfur Centre for Human Rights and Development, a UK-based organisation, reported in a May 21 press release that more than 3,000 people had since been detained.

The arrests took place in house-to-house searches or at checkpoints that were established immediately after the attacks.

Amnesty International reported on 21 May that these arrests had largely been targeted at Darfuris, particularly of the Zaghawa ethnic tribe, to which both the leader of JEM, Khalil Ibrahim, and the Chadian president Idriss Deby, who has been accused by Sudan of supporting the rebels, belong."

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23.05.2008 - Source: World Organisation Against Torture

Khartoum: Following the JEM attacks on 10 May 2008, hundreds of people were arrested; the arrests appeared to be extremely arbitrary, targeting Darfuris, especially those of Zaghawa ethnicity ("Torture and ill-treatment in custody in White Nile State [SDN 230508]") [ID 24042]

"In the days following the JEM attacks on 10 May 2008, hundreds of people were reportedly arrested in and around Khartoum and the neighbouring city of Omdurman and were held in unknown locations.

The arrests appeared to be extremely arbitrary, targeting Darfuris, especially those of Zaghawa ethnicity, and individuals who simply bear a physical resemblance to people from the region."

Document(s): Open document

05.2008 - Source: Sudan Organisation Against Torture

Nyala: Members of Zaghawa ethnic group arrested and tortured in detention ("Alternative Report To Sudan’s Periodic Report Before the 43rd Session of the African Commission on Human and Peoples’ Rights (Swaziland, May 2008)") [ID 24043]

"On 11 June 2006 five police officers from the Central Reserve Police arrested Sideeg Musa Saed (20 years old, Zaghawa, student) and Ismail Musa Abdel Gadeem (26 years old, Zaghawa, teacher) from al-Souq al-Shabi market in Nyala on suspicion of supporting one of the Darfur rebel factions.

The men were taken to the offices of the Central Reserve Police in Nyala, where they were beaten on their heads and backs with the butts of officers' guns and were flogged all over their bodies.

Mr Saead sustained serious injuries to his eye.

On the same day, the detainees were transferred to Nyala Wasat Police station where they were charged under Articles 50 (Undermining the Constitutional System) and 51 (Waging war against the State) of the Criminal Act 1991.

Mr Saed and Mr Gadeem were eventually acquitted and released. [...]

On 12 March 2006 police arrested Hashim Abdella Targiya (18 years old, Zaghawa) and Alsayid Adam Haroun (32 years old, Zaghawa) in the Otash IDP camp near Nyala, South Darfur.

The men were taken to Otash police station where they were subjected to physical abuse by three police officers.

The police officers tied the men's hands together with rope, kicked them with their boots and beat them on their faces.

Mr Targiya and Mr Haroun were released without charge the following day.

Both men sustained serious injuries during their detention."

Document(s): Open document

05.2008 - Source: Sudan Organisation Against Torture

South Darfur: Arbitrary arrest and torture in detention of members of the Fur ethnic group ("Alternative Report To Sudan’s Periodic Report Before the 43rd Session of the African Commission on Human and Peoples’ Rights (Swaziland, May 2008)") [ID 24045]

"On 25 April 2006 an individual named Ahmed al-Reheed (Fur) died in the custody of military intelligence in Sanya Dalaiba, South Darfur, as a result of physical abuse he suffered during 19 days that he spent in detention on suspicion of working with rebel groups.

No legal action has been taken against the perpetrators. [...]

On 7 September 2007 security agents arrested five men between the ages of 27 and 50 - four of Fur ethnicity and one of Marareet ethnicity - from the Otash IDP camp near Nyala, South Darfur, on suspicion of committing crimes against the state.

They were held without charge in the custody of the security services and were subjected to physical abuse including being flogged and kicked, and being beaten with hands and sticks.

The detainees were eventually released but the perpetrators of the abuse have not been arrested."

Document(s): Open document

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."

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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)."

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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

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."

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