African Centre for Justice and Peace Studies ACJPS | المركز الافريقي لدراسات العدالة و السلام
(2 June 2021) Sudanese authorities should urgently investigate the reported abduction, torture, and extra-judicial killing of Mr. Mohamed Ismail Abaker, popularly known as “Wad Akair”, a youth activist and a member of a resistance committee in Al-Jeraif Sharq neighborhood in Khartoum.
Mr. Wad Akair had been participating in a sit-in in front of Altamayouz hospital. The sit-in was organised to protest the decomposition of bodies at the hospital mortuary. The inconsistent power supply affected the refrigeration at the mortuary and as a result strong foul smells emitted from the decomposing bodies. In response several activists organised a sit-in at the hospital and demanded that the authorities identify the bodies held in the morgue.
According to reliable sources, Mr. Wad Akair was last seen at the sit-in on 3 April 2021. On 4 April 2021, the family of Mr Wad Akair reported his disappearance to the Al-Jeraif Sharq police station, case number 120 /2021, indicating that Mr. Wad Akair went missing on 3 April 2021 and his whereabouts are unknown.
On 25 April 2021, the Forensic Dental Committee and the Missing Initiative found Wad Akair’s body at Al-Tamayouz hospital. Wad Akair’s body was identified by the clothes he was last seen wearing on 3 April 2021. Reliable information indicates that the deceased’s body was brought to the Al-Tamayouz hospital on 4 April 2021. A shaved part of the deceased’s hair was found inside his pants pocket. The Investigative Committee on Missing Persons issued a request for a dental examination to identify the body in terms of age and other medical factors before going for a DNA test. On 26 April 2021, the forensic dental consultant submitted his report to the Investigative Committee on Missing Persons and on 5 May 2021 the Committee listened to an integrated report that indicated that the body belonged to Wad Akair.
On 17 May 2021, the Investigative Committee on the Missing Persons directed the General Administration of Forensic Evidence – Criminal Laboratories Department to take a sample from the corpse and compare it with that of Ms. Altoma Ahmed Khalifa, the mother of Wad Akair. On 25 May 2021, the investigative committee received the report of the General Department of Forensic Evidence – Criminal Laboratories Department – Genetic Department (number 8/1876/2021) which confirmed a genetic relationship.
That same day, the Investigative Committee reviewed a forensic medical report from the director of the academic autopsy, Dr. Ashwaq Al-Taher Ibrahim, Issam Ahmed Ali and Al-Tayyib Ahmed Al-Tayeb which indicated that they were unable to determine the cause of death of Wad Akair without any further explanation. It was not stated whether the failure to determine the cause of death was due to technical reasons or otherwise.
The investigative committee issued another decision for a re-autopsy to determine the cause of death and indicate any injuries and their locations. The Investigative Committee assigned a tripartite committee headed by Dr. Aqeel Alnoor Swar Al-Dhahab, in the presence of a representative of the late Wad Akair family, to conduct the autopsy.
On 26 May, the findings of the second autopsy showed signs of torture such as bruises on the bone behind the right ear, bruises at the base of the skull, and bruises on the hands, legs, and chest. The autopsy report also revealed that the cause of death was injuries by a solid object that led to bruises under the scalp and bleeding inside the brain.
The African Centre for Justice and Peace Studies (ACJPS) urges the Government of Sudan to ensure an effective investigation of Mr. Wad Akair’s abduction, detention, reported ill-treatment and subsequent death. Such an investigation should be thorough and impartial with the view of finding and holding the perpetrators accountable.
In a Communication against Sudan, the African Commission has highlighted that “allegations of torture against public officials impose an immediate duty on the State to initiate a prompt, impartial and effective investigation in order to establish the veracity of these allegations and bring the perpetrators to justice.” It is therefore imperative that Sudan must uphold its international obligations under relevant regional and international treaties which it ratified to investigate unlawful acts amounting to violations, and this includes acts perpetrated by both state and non-state actors.
Taking note of ratification of the International Convention for the Protection of All Persons from Enforced Disappearances (ICPPED) and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UN CAT) and the on-going law reform process, particularly criminal justice reforms, ACJPS further urges that Transitional Government to adopt a comprehensive reform process to ensure legislation adequately defines torture and enforced disappearances along with appropriate punishments in line with international standards; provide effective access to justice and adequate reparation to victims of torture, and ensure impartial and thorough investigations of allegations of torture and ill-treatment by state authorities. The Government should expressly denounce the use of torture by state authorities to intimidate or extract confessions from persons in their custody. Sudan ratified the ICPPED or UN CAT in February 2021.
Background
In recent years, there has been increased use of “short-term” disappearances where victims are detained incommunicado for an undefined period and eventually freed. During the Sudanese Revolution, hundreds of peaceful protesters, students, human rights defenders, political opponents, journalist, and doctors were allegedly subjected to torture and inhumane conditions while detained incommunicado for months by the National Intelligence Security Services (NISS) in security-controlled detention centres and unknown locations.
Enforced Disappearances in Sudan are often coupled with other gross human rights violations, such as the practice of arbitrary arrests and/or detention, torture, rape and in some cases death. This is facilitated by the fact that victims are often detained incommunicado, in “inaccessible” detention centres, security-controlled prison sections and, in unknown locations, thus placing them outside of the protection of the law with no access to legal remedies.
For victims, lack of accountability has impacted their rights to remedy and redress, as well as the right to the truth of the families. Sudan ratified the ICPPED or UN CAT in February 2021.
Contact: Mossaad Mohamed Ali, Executive Director, African Centre for Justice and Peace Studies. (English, Arabic, Swedish): +46727712782, mossaad.ali@acjps.org
