Sudan: NISS releases fifty-four detainees as seventeen peaceful protesters join hundreds who remain in detention.

(19 March 2019) The African Centre for Justice and Peace Studies (ACJPS) has received reliable information indicating that 54 detainees have been released by National Intelligence and Security Services (NISS). Those released include; political activists, human rights defenders, doctors, activists, university professors and students. Thirty six of the 54  are women detainees who were released on 8 March 2019, following an order by President Omar Al-Bashir  to the Director of NISS, to release all female detainees arrested since 19 December 2018. Detainees were arrested for their actual or suspected participation in the ongoing anti-government protests and spent at least 2 months in the custody of NISS without charge or appearance before a court to determine the legality of their detention.

ACJPS welcomes the release of the detainees, however expresses deep concern for hundreds of detainees still languishing in detention without charge or access to a court of law. ACJPS also expresses concern for the continued abuse of the law by the authorities to interfere with the peaceful and legitimate exercise of the rights to freedom of expression, assembly and association.

The Sudanese authorities have relied on powers of arrest provided for under the Emergency and Protection of Public Safety Act of 1997, the National Security Act 2010 and the Criminal Procedure Act 1991 to give effect to these arrests and continued detention. The laws in question grant competent authorities with wide grounds for arrest and detention and lack the requisite safeguards against arbitrary arrest and prolonged detention. In a report published today, ACJPS documents the arrest and detention of 17 peaceful protesters, including opposition political party members and university professors for actual or suspected participation in the ongoing anti-government protests.

ACJPS urges the Government of Sudan to:

• Guarantee the safety and well-being of all remaining detainees; protect them from torture and other ill-treatment and grant them immediate and unfettered access to their lawyers, family members and medical services.
• Charge or release all those arbitrarily detained, and for those charged, ensure prompt access to a lawyer of their own choosing.
• Ensure that all remaining detainees are brought promptly before a judge to review the legality and conditions of their detention, have the right to challenge the lawfulness of their detention before a court, and are guaranteed the right to fair trial according to 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.

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. The NISS, the Government’s security apparatus, responded with  excessive force and targeted opposition political leaders as well as party members, human rights defenders, students, professors and for their actual or suspected involvement in the protests, with arrests and prolonged detention.

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. In March 2019,  the appeal court over turned  a decision of the El Imtidad emergency court sentencing 9 female peaceful protesters to flogging and jail term.

Since 19 December 2019, hundreds of protesters have been detained with some being released either the same day or a few weeks after although majority have remained in detention. On 5 March 2019, ACJPS documented the release of 57 peaceful protesters who were detained incommunicado by NISS for approximately 2 months without charge.

 List of detainees released. Where available, dates of release have been included.

Women detainees released on 8 March 2019. 

1. Adia Alzibagi, a political activist. She was arrest on 25 December 2018.
2. Amal Azain, advocate and human rights defender. She was earlier released but was rearrested again on 4 March 2019.
3. Amal Jabralla, a human rights defender, doctor and member of Sudanese Communist party central committee. She was arrested on 25 December 2018.
4. Amani Hasabo, the chairperson of Sudanese Congress Party (SCP) of Eltahir in North Darfur. She was arrested on January 11, 2019 and subjected to a 6 months detention under the emergency law.
5. Amani Iris, a political activist and member of Sudanese Baath Party. She was arrested on 22 December 2018 from Baath Arabic Party house located in Omdurman while attending a meeting organized by Sudanese consensus alliance. She was transferred on unknown date from NISS political section to Omdurman Women’s prison.
6. Amna Mohamed Bashir
7. Aziza Awad, member of No repression against Women. She was arrested on 25 December 2018 from Khartoum while participating in a protest.
8. Buthina Al-Kharasani, member of central committee of the Sudanese Communist party. She was arrested on 25 February 2019.
9. Egbal Hassan, member of emergency street imitative of Port Sudan in Red Sea State. She was arrested for second time on March 6 2019. NISS informed her family who had gone to visit that she was transferred to Khartoum.
10. Eithar Khalil, a doctor.
11. Faiza Ibrahim Nooud, member of central Committee. She was arrested on 26 January 2019.
12. Gada Samir Abaro, a doctor
13. Hadia Hasaballa, a lecturer at Al-Ahfad university for Girls in Omdurman. She was arrested on 21 February 2019 during a peaceful Protest.
14. Hanadi Fadul, an advocate and human rights defender. She was arrested on 20 December 2018 from Wad Madani town of Al-Jazeera State and was transferred on unknown date to Khartoum where she was detained incommunicado in the NISS section attached to Omdurman Women’s prison.
15. Hanan Hassan Algadi, member of Sudanese Women Union. She was arrested on 25 December 2018 from Khartoum.
16. Hanan Mohamed Noor, a political activist and member of Sudanese Women Union. She was arrested on 22 December 2018 from Baath Arabic Party house located in Omdurman while attending a meeting organized by Sudanese consensus alliance. She was transferred on unknown date from NISS political section to Omdurman Women prison.
17. Haram Iris Mukhtar, member of emergency street initiative in Port Sudan, Red Sea State. The mother of three was arrested and transferred to Khartoum on an unknown date.
18. Howida Mohamed AL Hassan (f), she was arrested on 5 January 2018
19. Ihasan Fagiri, a human rights defender was arrested on 25 December 2018.
20. Iman Mustafa, an activist
21. Khalda Sabir Hassan, a political activist and teacher. She was arrested on 28 January 2019 from Port Sudan in Red Sea State, Eastern state.
22. Leimia Babakir Mohamed Babkir. She was arrested on March 6, 2019 from Jabra neighborhood in Khartoum.
23. Manahi Salah, an activist.
24. Manal Al- Awal, an activist.
25. Marwa Alifakir Razan Ahamed, civil society activists.
26. Mounira Said Ali, a political activist and member of Sudanese Baath Party. She was arrested on 22 December 2018 from Baath Arabic Party house located in Omdurman while attending a meeting organized by Sudanese opposition alliance. She was transferred on unknown date from NISS political section to Omdurman Women’s prison.
27. Nadin Alsir, an activist
28. Najda Mansour Adam, an advocate and member of Sudanese Communist Party. She was arrested on 25 December 2018 from Khartoum while participating in a protest.
29. Nehal Elteyeb Abdul Hadi, a pharmacists and human rights defender was arrested on 3 January 2019 from Khartoum.
30. Nora Obid, she was arrested on 15 January 2019 from Omdurman, Sabrein.
31. Rana Abdul Gafar(m), an advocate and human rights defender was arrested on 31 December 2018 from Khartoum. She has previously provided legal aid services to Mr. Husham Mohamed Ali, also known as “Wad Galiba”, a blogger who was detained in February 2018 by Saudi Arabia authorities and deported to Sudan where he is being detained by NISS officials.
32. Sara Abdul Monim, am activists
33. Sara Ali Abdullah, a doctor
34. Sara Ibrahim Hassan, a lecturer at the Technical University of Omdurman. She was arrested on March 7, 2019.
35. Sumia Salih Kashif, member of Women initiative, she was arrested on 7 March 2019 in Khartoum.
36. Tamador Alturefi, a doctor.

Activists and Political Party members

37. Ali Easilat (m), member of Central Committee of Sudanese Communist Party. He was arrested on 10 February 2019.
38. Faith Mohamed Fadul (m), member of Central Committee of Sudanese Communist Party, as well as the spokesperson for the party.
39. Haidar El Safi, a professor and general secretary of the Sudanese republican party was released on 17 March 2019.
40. Omer Aldgier (m), chairperson of Sudanese Congress Party(SCP) was released on 4 March 2019. He has serious signs of infection on both of his hands. After his release, SCP issued statement expressing that the party does not welcome the proposed visit of Sudanese President, Omer Al-Bashir to Mr. Aldegirs home. The party statement followed a publication on media about the president’s proposed visit to Mr Aldegirs home after his release.
41. Samir Salah (m), chairperson of Sudanese Congress Party, Wad Madani in Aljazeera State was released on 2 March 2019.
42. Tariq Mansor (m), chairperson of Sudanese Congress Party, Karari locality in Omdurman, was released on 2 March 2019.
43. Al Hassan Kuna (m), an activist was released on 4 March 2019. He was arrested in Port Sudan in Red Sea State.

Members of Sudanese Doctors Committee

44. Adiba Al-Said, a doctor was released on March 4, 2019 after her arrest on 5 January 2019.
45. Al-Fatih Omer Al-Saied (m), was released on 28 January 2019 after his arrest on 11 January 2019.
46. Mohamed Abdul Karien Mohamed Abdul Rahim (m), was released on 7 March 2019 after the appeal court dropped the charges against him. The Criminal Emergency Court of Khartoum had sentenced him to three years imprisonment on 28 February 2019 for violating the Sudanese Criminal Code. He spent six nights in Al-Huda prison in Khartoum.
47. Mohamed Adam(m), was released on 7 March 2019 from Shala Prison in North Darfur. He was arrested in February from Eltahir in North Darfur.

Darfur University Students

On 6 March 2019, the NISS of Khartoum released seven of the remaining students of Shegig Karo association. The students were arrested in their hostel located in Al-Abasia neighborhood of Omdurman on 26 February 2019.  Two of their colleagues were released on 27 February 2019. Those released are;

48. Abdullah Salish Gerbil Abakar (m)
49. Adam Daoud Ibrahim (m)
50. Eyuob Abdul Jababr Adam Aldaw (m)
51. Jamal Omda Yousef Khatir (m)
52. Mohamadien Abakar Mustafa (m).
53. Mohamed Ali Aiega (m).
54. Mubarak Arja

List of new detainees. Where available, dates and locations of arrests have been included.   

Political Parties members  

1. Abdul Aljalail Mohamed Osman(m), member of central committee of Sudanese Communist party was arrested on March 3 2019 from Khartoum.
2. Haj Al-Saki (m), member of central committee of Sudanese communist party was arrested on 4 March 2019 from his home in Khartoum at around 7:00Pm.
3. Mohamed Mukhtar Al-Khateeb (m), general secretary of Sudanese Communist party. He was arrested on 21 February 2019 from Khartoum Arabic Market while participating in peaceful Protest announced by the Sudanese professional association. Mr Mukhtar was previously arrested early in 2018 from his home in Khartoum for suspected involvement in the protests against the anti-austerity measures imposed under the 2018 budget. He was released on19 March 2018. He is aged and suffers from high blood pressure.

Universities Professors

4. Mahadi Abbas(m), a professor at Khartoum university was arrested on 7 March 2019 from Khartoum.

Other Protesters

5. Amin Al-Obied(m) was arrested on March 6 2019 from Jabra neighborhood of Khartoum and is being detained in an unknown location.
6. Annas Mohamed Rabih(m), was arrested on 5 March 2019 by police of Al- Gadarif State who later handled him over to the NISS of Al-Gadarif.
7. Easam Al-Amin(m), was arrested on 6 March 2019 from Jabra neighborhood of Khartoum and is being detained in an unknown location.
8. Hashim Basioni(m), a former officer of the Sudanese Armed Forces (SAF). He was arrested by the intelligence of SAF from Al-Gadarif on 5 March 2019.
9. Haytham Al-Amin(m), was arrested on 6 March 2019 from Jabra neighborhood of Khartoum and is being detained in an unknown location.
10. Mohamed Eljak (m), he was arrested on 5 March 2019 by the police before handing him over to NISS of Al-Gadarif state.
11. Mujahid Alfaki(m), was arrested on 6 March 2019 from Jabra neighborhood of Khartoum. His location remains unknown.

ACJPS will be publishing a brief on torture, containing testimonies collected from released detainees in the coming weeks.

Contact:

Mossaad Mohamed Ali, Executive Director, African Centre for Justice and Peace Studies ACJPS. (English, Arabic, Swedish): +46764325862, +256779584542