West Darfur: Arbitrary arrests and incommunicado detention of 72 people on allegations of human smuggling and illegal immigration

29 July 2020) The African Centre for Justice and Peace Studies (ACJPS) expresses deep concern for the physical safety and well-being of 72 people arbitrarily arrested and detained incommunicado without charge by the Rapid Support Forces (RSF). Detainees were arrested at the Sudanese border with the Republic of Chad while on transit to the city of Al-Tina, in the Republic of Chad. All are under RSF custody in Aljenaina, West Darfur state.

On 29 June 2020, the Governor of West Darfur State issued Resolution No. 94 of 2020, in accordance with the Emergency Law of 1997. The Resolution stipulated that these persons should be imprisoned for a period of six months, on suspicion of committing crimes of human smuggling, illegal immigration and looting.

The RSF detention centre consists of several cells that were built using local materials. Much as the detention centre is overcrowded, the authorities have not taken into account preventive measures or precautions against the COVID 19 in terms of sanitization, isolation and social distancing policy in case of infection.

The detainees who have been in custody since 29 June 2020 have not been formally charged or brought before a court of law to challenge the legality of their detention.

The continued incommunicado detention without charge, of detainees violates various rights including the rights to liberty and fair trial guaranteed under the 2019 Constitutional Charter and regional and international treaties ratified by Sudan. ACJPS therefore calls upon the Government of Sudan to;

• Guarantee the safety and well-being of all detainees and grant them immediate and unequivocal access to their lawyers and family members, medical services and release them in the absence of valid legal charges consistent with international standards.
• Order their immediate release in the absence of valid legal charges that are consistent with international law and standards or, if such charges exist, bring them promptly before an impartial, independent and competent tribunal and guarantee their procedural rights at all times.
• Ensure that steps are taken to protect the detainees form COVID-19.

ACJPS has obtained names of detainees. They are:

1. Abdelaziz Mohamed Saead
2. Abdelrahman Basheer Adam
3. Abdu Adam Fadoul
4. Ahmed Abyad Mohamed
5. Ahmed Aldodo Kafota
6. Ahmed Hamid Mehaimid
7. Ahmed Hassan Salih
8. Ahmed Ibrahim Ali
9. Ahmed Meki Musa
10. Alfadil Moha,ed Hamid
11. Ali Ayna Aldoum Sayir
12. Ali Suliman Agbash
13. Aljazoli Hassan Ibrahim
14. Basheer Dawood Musa
15. Basher Adam Terbo
16. Beriama Jamoun Agbash
17. Habeeb Alsadig Yonis
18. Habeeb Isa Basheer
19. Hamdan Akzaqm Issa
20. Hasaballa hamareeb Abdalla
21. Ibrahim Ali Azairig
22. Ibrahim Mohamed Hamid
23. Jamal Bakheet Abdelkareem
24. Jouma Mohamed Saead
25. Joumaa Alsayir Ahmed
26. Mahmoud Younis Taker
27. Matar Daif Hassan
28. Mohamed Ahmed Abudoma
29. Mohamed Ahmed Mohamed
30. Mohamed Alsiliak Ahmed
31. Mohamed Ateya Fanjoul
32. Mohamed Hassan Kibir
33. Mohamed Mekki Musa Ali
34. Mohamed Musa Dawayi
35. Musa Adal Abdelrahman
36. Musa Ahmed Hamdan
37. Mustafa Mohamed Jebreel
38. Noh Tarbo Hussain
39. Nour Aldeen Ahmed Mohamed
40. Omer Abdelrahman Jamy
41. Omer Musa basher
42. Rahma Abdelkareem Basheer
43. Salih Zakaria Jadain
44. Sulieman Abdalla Aldood Berima
45. Waleed Ishag Abaker
46. Yousuf Haroun Mohamed
47. Ahmed Haroun Abdalla
48. Jouma Yagoub Issa
49. Abeelaziz Ibrahim Jayid
50. Altayib Yewaid Yagoub
51. Ahmed Khamees Mohamed
52. Hussain Ahmed Madri
53. Mohamed Mahmoud Salih
54. Mohamed Gasi Hassan
55. Mohamed Omer Ahmed
56. Abdalla Kitir Fujaira
57. Baher Aldeen Ali Mohamed
58. Yagoub Musa Ardaib
59. Baher Aldeen Abaker Adam
60. Hamid Haroun Mohamed
61. Mazin Ismail Yousif
62. Abdalla Saead Alhilo
63. Najem Aldean Zakaria Khaleel
64. Omran Yousuf Heb Aldeen
65. Rodwan Omer Adam
66. Yousuf Adam Madry
67. Azrag Ali Ishag
68. Magdi Abdalla Adam
69. Mhair Hassan Khamees
70. Osman Adam Madry
71. Suliman Gasary Osman
72. Mustaf Khamees Idrees

Background

The legal framework for emergencies as set out in the Emergency and Protection of Public Safety Act of 1997, read together with the Emergency and Public Safety Bylaw of 1998, permits preventive arrest and detention on vague grounds. These include the belief of the authorities that the person in question has acted or may act in a way that “affects public security, or public safety, or … participated in any crime related to the declaration”. The 1998 Bylaw provides neither time limits for this type of detention, nor judicial oversight, and therefore authorises prolonged if not indefinite detention. The broad powers given to the Executive under the 1997 Act and 1998 Bylaw have repeatedly given rise to concerns over arbitrary arrest and detention, ill-treatment and torture, and violations of the right to a fair trial, which are facilitated by the virtually complete absence of safeguards and judicial oversight.

The RSF on the other hand  grew out of the Janjaweed militias which rights groups accuse of committing war crimes – including killings, rapes and torture of civilians – in Sudan’s western region of Darfur after the outbreak of conflict there in 2003. The force was established in 2013 to fight armed rebel groups in Sudan. Hemeti was appointed its commander

Contact:

Mossaad Mohamed Ali, Executive Director, African Centre for Justice and Peace Studies. (English, Arabic, Swedish): +46727712782, mossaad.ali@acjps.org