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Amnesty International: Uninvestigated, Unpunished: Human Rights Violations against Darfuri studen

01-18-2017, 08:10 PM
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Amnesty International: Uninvestigated, Unpunished: Human Rights Violations against Darfuri studen

    08:10 PM January, 18 2017

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    ‘UNINVESTIGATED, UNPUNISHED’
    HUMAN RIGHTS VIOLATIONS AGAINST DARFURI STUDENTS IN SUDAN
    
    Amnesty International is a global movement of more
    than 7 million people who campaign for a world
    where human rights are enjoyed by all.
    Our vision is for every person to enjoy all the rights
    enshrined in the Universal Declaration of Human Rights
    and other international human rights standards.
    We are independent of any government, political
    ideology, economic interest or religion and are funded
    mainly by our membership and public donations.
    © Amnesty International 2017
    Except where otherwise noted, content in this document is licensed under a Creative Commons (attribution, non-commercial, no derivatives, international 4.0) licence. https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode
    For more information please visit the permissions page on our website: www.amnesty.org Where material is attributed to a copyright owner other than Amnesty International this material is not subject to the Creative Commons licence.
    First published in January 2017
    by Amnesty International Ltd
    Peter Benenson House, 1 Easton Street
    London WC1X 0DW, UK
    Index: AFR 54/4848/2017 Or􏰀iginal language: English
    amnesty.org
    Cover photo: Darfuri students protest against unlawful killings in South Kordofan and Darfur outside UN compound in Khartoum, June 2016. @Darfur Students’ Association.

    CONTENTS
    GLOSSARY 4 1. EXECUTIVE SUMMARY 5 2. METHODOLOGY 8
    3. BACKGROUND 10
    3.1 THE INTERNATIONAL CRIMINAL COURT AND ACCOUNTABILITY IN DARFUR 12 3.2 SUPPRESSION OF DARFURI STUDENTS’ ACTIVISM 13 3.3 LINK BETWEEN POLITICS AND VIOLENCE IN SUDANESE UNIVERSITIES 15
    4. SUPPRESSION OF FREEDOM OF ASSOCIATION AND PEACEFUL ASSEMBLY 18
    4.1 ATTACK ON DARFURI STUDENTS PROTESTING FEE PAYMENT AT THE HOLY QURAN UNIVERSITY 20
    4.2 INCIDENT AT THE UNIVERSITY COLLEGE OF SHARQ AL NIEL 22
    5. ARBITRARY DETENTION, TORTURE AND OTHER ILL-TREATMENT 25
    5.1 ARBITRARY ARREST, ILL-TREATMENT AND UNLAWFUL KILLING AT THE UNIVERSITY OF EL GENEINA 28
    5.2 HOLY QURAN AND ISLAMIC SCIENCES UNIVERSITY IN OMDURMAN – INCIDENT OF ARREST AND TORTURE 29
    5.3 STUDENTS ARBITRARILY ARRESTED AND BEATEN FOR MEETING WITH A UN OFFICIAL IN KHARTOUM 30
    5.4 ILL-TREATMENT AND TORTURE IN DETENTION FOR STUDENTS AT THE UNIVERSITY OF EL FASHER 31
    5.5 ARRESTED AND TORTURED FOR ADVOCATING FOR STUDENTS’ HOUSING 33 5.6 DETAINED AND TORTURED FOR HIS STUDENT ACTIVISM 34
    6. FAILURE TO INVESTIGATE UNLAWFUL KILLINGS 36 7. ACCOUNTABILITY AND JUSTICE 41 8.CONCLUSION 44 9. RECOMMENDATIONS 45
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    GLOSSARY
    ACJPS African Centre for Justice and Peace Studies AU African Union
    CSOS Civil Society Organizations
    ACHPR
    African Commission on Human and Peoples' Rights
    ACLED
    Armed Conflict Location and Event Data Project
    AUHIP
    African Union High Level Implementation Panel
    DBA
    Darfur Bar Association
    DDPD
    ICC International Criminal Court
    NCF National Consensus Forces
    NCSP National Council for Strategic Planning PCP Popular Congress Party
    SAF Sudan Armed Forces
    Doha Document for Peace in Darfur
    DPA
    Darfur Peace Agreement
    JEM
    Justice and Equality Movement
    NCP
    National Congress Party
    NISS
    National Intelligence Security Service
    RSF
    Rapid Support Forces
    SLA/AW
    Sudan Liberation Army/Abdul Wahid
    SLA/MM
    SRF Sudan Revolutionary Front
    UPF United Popular Front
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    Sudan Liberation Army/Minni Minnawi
    SPLA/M-N
    Sudan People’s Liberation Army/Movement-North
    UNAMID
    African Union-United Nations Hybrid Operation in Darfur
    UPR
    Universal Periodic Review
    4
    1. EXECUTIVE SUMMARY
    The armed conflict in Sudan, particularly the protracted conflict in Darfur that began in2003,haslongbeen associated with human rights violations. Students from Darfur also experienceviolationsoftheirhumanrights throughoutSudan.Overthelastfewyears,AmnestyInternationalhasbeendocumenting thetargetingby Sudanese securityagents of student political activists from Darfur,perceived to bearmedgroupsupporters. Thus,the armed conflict has become both an excuse and a mask for humanrightsviolationsnotonlyinDarfur, but also in the rest of the country.
    The rights being violated include freedom ofassociation,peaceful assembly and freedomofexpression,as well as freedom from arbitrary arrest, torture and other ill-treatment, or punishmentindetentionandunlawful killings. Since the conflict started in Darfur in 2003, the police and the securityserviceshavearbitrarilyarrested and detained at least 10,000 students from D arfur. In 2015 alone, the police and the security services arbitrarily arrested and detained at least 200 students from Darfur. During the same period, Amnesty International documented at least 13 students from Darfur killed in variousuniversitiesacross Sudan,possibly bypoliceofficers,NationalIntelligence andSecurityService(NISS)agentsand/orrulingpartyaffiliated students.
    Most ofthese violations were committed bySudanese securityforces,whorepeatedlyusedexcessiveforceto break up assemblies of Darfuri students , violating their rights to freedom of expression, association and peacefulassembly.Securityagentsdemonstratedbiasintheirpolicingofstudentprotests,appearingtotarget only Darfuri students for arrests, while ruling party affiliated students were not held to account.Rulingparty affiliated students also perpetrated abuses against Darfuri students and university professors, including through beatings and threats. Altho ugh these are criminal offenses, the state failed to prosecute theruling party affiliated students who committed these abuses.
    This report focuses on human rights violations experienced by students from Darfur since 2014. Amnesty International,betweenOctober2015andOctober2016,conducted84interviews,52ofwhichwerewith students from Darfur studying at 14 universities across Sudan.The remaininginterviewswereconductedwith lawyers,humanrightsdefenders,otherstudentactivists,politicalactivists,journalistsandacademicsfrom Sudan.AmnestyInternationalwrote to the MinistryofHigherEducationandScientificResearch,theMinistry of Justice and eight universities to solicit their inputs to the report, including on university policies on fee waivers, student activism and the violations of these students’ rights to freedom of expressionandpeaceful assembly.AmnestyInternationalhadreceivedno response from these ministriesanduniversitiesbythetime of publication.
    This report highlights a number of triggers of violence involving Darfuri students in universities.Amongthem is the contested issue of fee exemptions for Darfuri students based on various peace agreements including the Doha Document for Peace in Darfur (DDPD) 2011 and the Darfur PeaceAgreement(DPA)2006.Inalmost all Sudanese universities,there is an annual dispute between Darfuri studentsanduniversityadministrations over the payment of Darfuri students’ tuition fees.
    In October2015,forexample,at the Universityofthe HolyQuran andIslamic Sciences inOmdurman,a suburb of the capital Khartoum, the Darfur Students’ Associationorganizedasit-indemandingimplementation ofthe fees exemption policy.Students taking part in this sit-in were physicallyassaultedbystudentsaffiliated with the ruling party using iron bars and knives. Dozens of Darfuri students were arrested by thepoliceand the NISS,andfourexpelledfromthe university.
    October and November 2016 witnessed three fee payment disputes in Omdurman Islamic University,the University of Khartoum and the University of El Fasher respectively.
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    This annual dispute has resulted in students being expelled from universities orbannedfromsittingexamsfor failing to payfees.
    Between 2014 and 2016, at least 70 students from Darfur were expelled from threeuniversities.TheUniversity of Bahri in Khartoum North expelled 33 students for protesting to demand feewaiversinDecember2014.The Holy Quran and Islamic Sciences University in Omdurman, Khartoum expelled four students, also for protesting to demand fee waivers in December 2015. The University of ZalingeiinCentralDarfurStateexpelled 33 students for political activism between November 2015 and March 2016.
    Darfuri students have also been suspended fro m studying or denied their certificatesaftergraduation.When theyprotest against universitypolicy,theyare violentlydispersed bythe NISS, the police and ruling party affiliated students and, on many occasions, are arrested and subjected to ill-treatment and torture.
    Another trigger for violence is the political activities of Darfuri students in relation to the conflict in Darfur. Darfuri students’ attempts to discuss the conflict in Darfur through public fora in theuniversitiesareregularly violently thwarted by ruling party affiliated students. Senior government officialshavealsomadeinflammatory public statements against the political activities ofDarfuri students.Manystudentsparticipatinginthesepublic fora are also arrested and subjected to torture and ill-treatment while in custody.
    This report presents a number of other examples to highlight the pattern of suppression ofDarfuristudents’ right to freedom of association and peaceful assembly. In April 2015, for example, at theUniversityCollegeof SharqAlNielinKhartoum North,the DarfurStudents’Associationorganizedameetingtoplanaculturalevent. Participants at the meeting were physicallyassaulted bythe ruling partyaffiliated students,resultinginthe death of one student affiliated with the ruling party and the serious injury of five students from Darfur.
    This report also highlights incidents of arbitrary arrests and detention as well as torture and ill-treatment committedbythe NISS andthe police.Manyofthose arrestedwere dismissedfrom the universities,others simply dropped out. In May 2015, two students were arrested for meetingwiththeUnitedNations(UN)Special Rapporteur on violence against women, Rashida Manjoo. In November 2015,eightstudentswerearrestedfor demanding implementation of a fee waiver policy at the University of the Holy QuranandIslamicSciencesin Omdurman. In January 2016, at the University of El Geneina in West Darfur State, two dozenstudentswere arrested for exercising their right to freedom of expression. One student was killed during this incident.
    At the University of El Fasher, the capital of North Darfur, 20 students were arrestedinApril2015forprotesting against the Sudanese general elections ofApril 2015.Theywere subjected to tortureandill-treatmentbythe police and the NISS. This report also highlights three other cases of student activistssubjectedtotortureand ill-treatment.
    Additionally,this report illustrates some cases ofunlawful killings,including death in custody,killings by security forces during protests, killings by excessive use of force and killings by pro -government groups. Sudanese human rights defenders and human rights organizations haverepeatedlycalledonthegovernment to investigate these cases and bring perpetrators to justice, but the government has failed to initiate thorough, impartial and independent investigations to date.
    ThehumanrightsviolationsexperiencedbyDarfuristudents andtherangeofcoercivemeasuresusedbythe state against them have a nexus to the protracted conflict in Darfur.
    AmnestyInternationalcallsonthe GovernmentofSudantoensurestudentactivistsareneitherarbitrarily arrested or detained, tortured or otherwise ill-treated, nor deprived of their liberty exceptinaccordancewith legally-establishedproceduresandSudan’sobligationsunderregionalandinternationalhumanrightslaw.
    AmnestyInternational calls on the Government ofSudan to launch impartial and effectiveinvestigationsinto all unlawful killings since 2003 in universities across Sudan and publicly publish their findings. The investigations should provide a full accounting of the dead and injured, the circumstancessurroundingeach incident resulting in death or injury, evidence that indicates the extent to which the security services are implicated and evidence of any third party responsibility. All suspected perpetratorsmustbebroughttojustice in fair trials without recourse to the death penalty.
    AmnestyInternational calls on the Government ofSudan to ensure that all victimsofhumanrightsviolations, in particular the families of victims ofunlawful killings, have the right to effective remedy, including full reparations for harm suffered.
    Amnesty International calls on the UN Human Rights Council to apply constant pressure on Sudan to implement all the recommendations it accepted during the Universal Periodic Review (UPR)inMay2016, including respecting the rights to freedom of expression, association and assemblybyallowinghumanrights defenders, students, political dissidents and journalists to express their views freely inlinewithinternational human rights law.
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    AmnestyInternational calls on the African Commission on Human and Peoples’ Rights(ACHPR)tourgethe Government of Sudan to implement all previous recommendations made by the ACHPR, including recommendations outlined in its concluding observations ofits 12th ExtraordinarySessionin2012asconcerns the absolute prohibition of torture, respect for freedom of expression, prison conditions, arbitraryarrestand detention.
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    2. METHODOLOGY
    This report is based on information gathered from a variety of primary and secondary sources,andincluding through two weeks of field research in Cairo, Egypt in November and early December2015.InCairo,Amnesty InternationalmetrefugeesfromDarfur,mostofwhomwereformerstudentsinSudan. Thereportprimarily focus on the period from 2014 to 2016.
    Amnesty International conducted 84 interviews in the course of the research for thisreport.32wereface-to- face interviews in Cairo, Egypt. 29 were telephone interviews and 23 interviews were carriedoutviaemail.52 ofthose interviewed were students who studied at 14 universities across Sudan.Thesestudentscamefrom different parts of Darfur North, South and West, and were members of different ethnic groups.Themajority are members of the Darfur Students’ Association (student body that advocate forDarfuristudents’rightsinall universities). The remaining 32 interviews were conducted with lawyers,humanrightsdefenders,otherstudent activists,politicalactivists,journalistsandacademicsfromSudan.
    In April and May 2016, Amnesty International sought further information from eight universities on issues pertinent to the research, including university policies on fee waivers and on student activism. These universities were:the Universityofthe HolyQuran and Islamic Sciences in Omdurman;Al Zaiem AlAzhari University in Khartoum North; Sudan University of Science and Technology in Khartoum; Universityof Khartoum; University of Zalingei in Central Darfur State; Omdurman Islamic Unive rsity in Omdurman; El Geneina UniversityinWesternDarfurState;andAl-NeelainUniversityinKhartoum.Bythetimeofpublication, AmnestyInternationalhadreceivedno responsefrom anyofthese universities.
    Amnesty International also communicated with the Ministry of Higher EducationandScientificResearchand the Ministry of Justice. The organization sought information from the Ministry ofHigherEducationon itspolicy on fee waivers for students from Darfur, its position on student activism and students’ right to freedom of expression and peaceful assembly. In June 2016, Amnesty International sought informationfromtheMinistry ofJustice on actions taken to:respect,protect and fulfil the right to freedom ofexpressionandassociationin universities; investigate and ensure accountability for incidents of students’ killings in universities; and investigate allegations of torture and other ill-treatment of university students in custody and ensurethat perpetrators are held to account.Bythe time ofpublication,AmnestyInternationalhadreceivednoresponse from these ministries.
    This report includes references to a number of unlawful killing cases previouslydocumentedandmadepublic by Amnesty International, given that the government has failed to date to investigate thesecasesandbring perpetrators to justice.
    Other secondary information included is from reports and other documentationproducedbyUNagencies,the GovernmentofSudan,Sudanese andinternationalnon-governmentalorganizations(NGOs)andthemedia. Amnesty International consulted documents published by: the UN Office fortheCoordinationofHumanitarian Affairs (OCHA), the UN High Commissioner for Human Rights; the UN Panel of ExpertsonDarfur;International Criminal Court (ICC) statements to the UN SecurityCouncil on the situation in Darfur;HumanRightsWatch; the AfricanCentre forJustice andPeace Studies (ACJPS);the NationalCouncilforStrategicPlanning(NCSP) in Sudan;and the Government ofSudan during its 2016 Universal Periodic Review (UPR)attheUNHuman Rights Council.
    AmnestyInternational has not had access to Sudan to carryout human rightsresearchsince2006.Repeated remote interviews about human rights violations places human right defenders and student activists at significant risk of retaliation. To mitigate these risks, Amnesty International diversifiedthesourcesofourdata to confirm its accuracy. Amnesty International also changed some of the names of those referencedinthis report to protect their identities.
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    Amnesty International would like to thank everyone who contributed to this report, in particulartheDarfuri asylum seekersand refugees in Egypt and various student groupsin Sudan.
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    3. BACKGROUND
    The security and humanitarian situation in Darfur remained dire as the armed conflictentereditsfourteenth yearin2017.1 ThegovernmentlaunchedamilitaryoffensiveagainsttheSudanLiberationArmy/AbdulWahid AlNur(SLA/AW)inthe innerJebelMarra regioninCentralDarfurinJanuary2016.The fightinginJebelMarra caused the displacement ofan estimated 195,000 people,according to UN OCHA.2 Hundredsofthousands of civilians have been killed by the violence or by conflict-induced starvation, dehydration and disease.3
    ©Adriane Ohanesian
    Amnesty International’s recent report on Jebel Marra documented serious violations of international humanitarianandinternationalhumanrightslaw bythe SudaneseArmedForces(SAF),includingthebombing of civilians and civilian property, the unlawful killing of men, women and children, the abductionandrapeof
    1 UNSecurityCouncil,Resolution2296(2016),S/RES/2296(2016), http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27...F9%7D/s_res_2296.pdf
    2 UN OCHA, Jebel Marra Crisis: Fact Sheet, Issue 8, 1 October 2016, http://reliefweb.int/sites/reliefweb.int/files/resources/Jebel_Marra_Crisis_Fact_Sheet_Issue_8_01_Oct_2016.pdfhttp://reliefweb.int/sites/reliefweb.int/files/resources/Jeb...ue_8_01_Oct_2016.pdf.
    3 Darfurdeaths‘couldbe300,000’,”BBCNews,23April2008,news.bbc.co.uk/2/hi/7361979.stm;ODegommeandDGoha-Sappir “Patterns of Mortality in Darfur Conflict,” The Lancet, 375, 23 January 2010; E Depoortere et al “Violence and Mortality in West Darfur, Sudan (2003-4): epidemiological evidence from our surveys,” The Lancet, 364, 9 October 2004; D Nabarro “Mortality Projects for Darfur,” WHO, 15 October 2004; Sudan: Scorched earth, poisoned air: Sudanese government forces ravage Jebel Marra, Darfur, 29 September 2016 (AFR 54/4877/2016).
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    Hundreds of women and children seek shelter in a cave from the bombing by government forces outside of the town of Sarong in Jebel Marra in Central Darfur, Sudan,
    March, 2015.
    10
    women, the forced displacement of civilians and the looting and destruction of civilianproperty,includingthe destruction of entire villages.
    AmnestyInternational also documented evidence that suggests the SAFrepeatedlyusedchemicalweapons duringattacksinJebelMarra.4 Usingsatelliteimagery,morethan200in-depthinterviewswithsurvivorsand expert analysis of dozens of images showing babies and young children with terribleinjuries,theinvestigation indicates that at least 30 chemical attacks may have taken place in Jebel Marra area since January 2016.5
    The armed opposition groups fighting the SAF in Darfur have splintered since the conflict began,primarily from the SudanLiberationMovement/Army(SLM/SLA)andthe Justice andEqualityMovement(JEM).In2016, there were at least 50 rebel factions in Darfur. According to a Sudanese expert on conflict analysis a nd resolution, the main causes of this fragmentation are the political alignment alongethnicandtriballines,the government’s successful divide and rule policy and the collapse of various peace agreements,includingthe DPA in 2010. None of these peace agreements “brought peace or security to Darfur.”6 In2011,threearmed groups refused to sign the DDPD,instead joining the Sudan RevolutionaryFront (SRF)coalitionin2012.7 As oflate2016,peaceinDarfurandSudanremainselusive.8 DespitecountlessfailuresintheDarfurpeace process,the government celebratedcompletionofimplementationofthe DDPDon7September2016.9
    The Darfur region remains one of the most violent in the country. Data from the ArmedConflictLocationand Event Data Project (ACLED) for 2015 shows that 67% of all violent incidents inSudanwererecordedinDarfur. 807 violent incidents occurred in Darfur, in which at least 2,000 people were killed.10 TheNCSPreportedthat inter-communal violence in Darfur claimed the lives of over 700 people in 2015. 11
    Inits2015report,theUNPanelofExpertsonSudan12 characterizedthegovernment’sstrategyinDarfuras one of “collective punishment of villages and communities from which the armed opposition groups are believed to come or operate” and “induced or forced displacement of those communities” with “direct engagement, including aerial bombardment, of the [armed rebel] groups when their location can be identified.”13 Inits2016report,thePanelofExpertsidentified29outof422015incidentsofinternational humanitarian law violations committed bythe Government ofSudan,its armed forces and allied militiain Darfur.14 The UN High Commissioner for Human Rights’ report on Darfur noted that armed groups and government forces committed violations of international humanitarianlawandabusesofinternationalhuman rights law with impunity.15
    4 Sudan: Scorched earth, poisoned air: Sudanese government forces ravage Jebel Marra, Darfur, 29 September 2016 (AFR 54/4877/2016)
    5 Sudan: Credible evidence of the use of chemical weapons to kill and maim hundreds of civilians including children in Darfur revealed, https://www.amnesty.org/en/latest/news/2016/09/sudan-credibl...ons-darfur-revealed/
    6 EmailcorrespondencewithAdeebYousifAbdelAlla,PhDcandidate,SchoolforConflictAnalysisandResolution,GeorgeMason University, US, 22 July 2015. See also his paper titled, Peace Agreement is the Same Game for War and its Escalation in Sudan, http://www.beyondintractability.org/casestudy/sudan-peace-agreement-same-game.
    7 The SRF is a coalition of four armed opposition groups: JEM, SLM/AW, SLM/MM and SPLM-N.
    8 Since the start of the conflicts in Blue Nile and South Kordofan in 2011, the AUHIP has convened at least 10 official peace talks between the Government of Sudan and the SPLM-N. They all failed to make progress. In 2014, the AUHIP adopted what they called “coordinate one peace process with two tracks” to accommodate Darfur, Blue Nile and South Kordo fan and to be integrated into the National Dialogue initiated by the Government of Sudan in January 2014. On 21 March 2016, the armed opposition groups and National Umma Party refused to sign the Roadmap Agreement proposed by the AUHIP, but it was signed by the Government of Sudan. 9 Sudan News Agency: Qatar, Chad and Central Africa Heads of State Attend DDPD Celebration, 7 September 2016, http://sudanow.info.sd/qatar-chad-and-central-africa-heads-of-state-attend-ddpd-celebration/http://sudanow.info.sd/qatar-chad-and-central-africa-heads-o...nd-ddpd-celebration/.
    10 TheArmedConflictLocationandEventDataProject(ACLED),Sudandata,http://www.acleddata.com/wphttp://www.acleddata.com/wp- content/uploads/2016/01/Sudan.xlsx. The ACLED documents and maps a range of acts of violence committed by governments, militias, armed groups as well as in inter-communal clashes and riots.
    11 In October 2015, the NCSP reported that tribal conflicts caused the deaths of 754 people in 2015.
    12 The UN Panel of Experts on Sudan monitors the arms embargo on Darfur since 2005. Its 2016 report was blocked by UN Security Council members from being published in March 2016, it was released in September 2016.
    13 UN Security Council, Letter dated 16 January 2015 from the Vice-Chair of the Committee established pursuant to Resolution 1591 (2005) concerning the Sudan addressed to the President of the UN Security Council, 19 January 2015, http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27...FF9%7D/S_2015_31.pdf.
    14 The final report of the UN Panel of Experts on the Sudan established pursuant to Resolution 1591 (2005), 22 September 2016, http://www.un.org/ga/search/view_doc.asp؟symbol=S/2016/805, Annex 40, p.182-189.
    15 The UN High Commissioner for Human Rights, Impunity and Accountability in Darfur for 2014, August 2015, paragraphs 58 and 62, pages 16-17, http://www.ohchr.org/Documents/Countries/SD/ImpunityAccounta...lityInDarfur2014.pdf.
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    3.1 THE INTERNATIONAL CRIMINAL COURT AND ACCOUNTABILITY IN DARFUR
    ThesituationinDarfurwasreferredtotheICCbytheUNSecurityCouncilfollowingthe reportoftheUN InternationalCommissionofInquiryonDarfurpublishedinJanuary2005.16 TheICCissuedwarrantsofarrest forfourSudaneseseniorgovernmentofficials17 includingPresidentOmaral-Bashir,whowasindictedbythe ICC in March 2009 and charged with five counts of crimes against humanity, two counts o fwarcrimes,and three counts of genocide in Darfur in 2010.
    However, nine years have elapsed since the warrants of arrest were issued and they are yettobeexecuted. Frustrated bySudan’s failure to cooperate with the court and the inaction ofUN SecurityCouncilmembers, the ICC Prosecutor, Fatou Bensouda, decided in December 2014 to “hibernate investigative activitiesin Darfur”assheshifted“resourcestootherurgentcases.”18 InDecember2015,the ICCProsecutor,inher report to the UN SecurityCouncil on the situation in Darfur,reminded them that:“[t]hevictimsofDarfurhave beenletdownforfartoolong.”19 Inastatementbefore theUNSecurityCouncilon9June2016,the ICC Prosecutorurgedthe UNSecurityCouncilto take strong measuresagainststates,bothpartiesandnon-parties to the Rome Statute,who failedto execute the outstanding arrestwarrantsagainstPresidentOmaral-Bashir.20
    The Sudan government has also failed in its obligation to investigateandensureaccountabilityforinternational crimes committed in Darfur. Although the government appointed a Special Prosecutor forDarfurCrimesin 2011 and established the Special Criminal Court on the Events in Darfur in 2005, the Court has only tried minorcases21 andfailedtoprosecute high-rankingofficers.22 TheUNPanelofExpertsreportedthatnamesof those suspected of violating international humanitarian law weresharedwiththeSpecialProsecutorforCrimes inDarfurandElFasherpoliceinJanuary2015,butnoactionwastaken.23 TheformerSpecialProsecutorfor Darfur Crimes, Yasser Ahmed Mohamed, told the ACHPR in May 2015 that 2,000 complaintshadbeenfiled bycommunitymembersagainstarmedgroups,285ofwhomwereontrial.24 TheSpecialProsecutordidnot report any cases against government allied-militia or the SAF, the NISS and the police for violations of international humanitarian and human rights law in Darfur.25
    Sudan’sMinisterofJustice,AwadElhassanElnourKhalifa,asserted duringSudan’sUPRon4May2016at the UN Human Rights Council, that the Special Prosecutor for Darfur investigated76casesincludingmurder, crimes against humanity, armed robbery and criminal damages in 2015. He further added:“Thecasesare
    16 The Commission of Inquiry found that government forces and militias conducted “indiscriminate attacks, including killing of civilians, torture, enforced disappearances, destruction of villages, rape and other forms of sexual violence, pillaging and forced displacement, throughout Darfur. Its report also identified a number of senior government officials and military commanders who may be responsible for human rights violations in Darfur. Report of the International Commission of Inquiry on Darfur to the Secretary- General pursuant to UN Security Council Resolution 1564 (2004) of 18 September 2004,” S/2005/60, para graph 3, page 3 and paragraph 1, page 5.
    17 On 27 April 2007, the ICC issued two warrants for the arrest of Ali Muhammad Al Abd-Al-Rahman "Kushayb", alleged leader of the pro-government militia (Janjaweed), and Ahmad Muhammad Harun, former Minister of State for the Interior and current Governor of North Kordofan State. Kushayb was charged with 22 counts of crimes against humanity and 28 counts of war crimes. Harun was charged with 20 counts of crimes against humanity and 22 counts of war crimes. On 1 March 2012, the ICC issued a warrant for the arrest of the former Minister of Defence, Abdel Raheem Muhammad Hussein, the current Governor of Khartoum State. He is charged with 20 counts of crimes against humanity and 21 counts of war crimes.
    18 The Prosecutor of the ICC, Statement to the UN Security Council on the Situation in Darfur, pursuant to UN Security Council Resolution 1593 (2005), 12 December 2014, http://www.icc-cpi.int/iccdocs/otp/stmthttp://www.icc-cpi.int/iccdocs/otp/stmt- 20threport-darfur.pdf.
    19 The ICC, the Twenty-Second Report of the Prosecutor of the ICC to the UN Security Council pursuant to UN Security Council Resolution 1593 (2005), December 2015, https://www.icc-cpi.int/iccdocs/otp/OTP-rep-15-12-15_Eng.pdfhttps://www.icc-cpi.int/iccdocs/otp/OTP-rep-15-12-15_Eng.pdf.
    20 The ICC, the Twenty-Third Report of the Prosecutor of the ICC to the UN Security Council pursuant to UN Security Council Resolution 1593 (2005), December 2015, https://www.icc-cpi.int/iccdocs/otp/OTP-rep-15-12-15_Eng.pdfhttps://www.icc-cpi.int/iccdocs/otp/OTP-rep-15-12-15_Eng.pdf.
    21 ACJPS, Special Criminal Court in Darfur sentences three men to death penalty followed by crucifixion, 24 May 2013, http://www.acjps.org/special-criminal-court-in-darfur-senten...owed-by-crucifixion/.
    22 Human Rights Watch, Lack of Conviction the Special Criminal Court on the Events in Darfur, June 2006, https://www.hrw.org/legacy/backgrounder/ij/sudan0606/sudan0606.pdf.
    23 InMassala,SambalandHillarHager,victimsattributedresponsibilityforIHLviolationstoarmedgroupsof“Arab”origin.They identified the leaders of the perpetrators to the Special Prosecutor for Crimes in Darfur and El Fasher police station as Bad r Abu Kinesh, Musa Neina and Hadu. Badr Abu Kinesh is allegedly a senior officer in the Border Guards and was also the North Darfur Commissioner for Peace and Security at the time of the incident. The final report of the UN Panel of Experts on the Sudan established pursuant to Resolution 1591 (2005), 22 September 2016, http://www.un.org/ga/search/view_doc.asp؟symbol=S/2016/805, paragraphs 102-103, page 30.
    24 ACHPR, Report of the joint promotion mission to the Republic of the Sudan, 22 -28 May 215, http://www.achpr.org/files/news/2016/08/d227/sudan_mission_report.pdf, page 41.
    25 However, on 18 October 2016, the Special Prosecutor for Crimes in Darfur, Al Fatih Tayfur, announced that 50 members of regular armed forces, were found in violation of the law in their “personal capacities.” Their immunities were lifted and they are currently being tried, http://www.ashorooq.net/index.php؟option=http://www.ashorooq.net/index.php؟option= com_contentandview=articleandid=61548:-50-andcatid=32:2008-07-30-07-03- 25andItemid= 1163.
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    proceeding, some having been sent for trial and some still being investigated.”26 AmnestyInternationalwas unable to find any independent information on these investigations or trials.
    3.2 SUPPRESSION OF DARFURI STUDENTS’ ACTIVISM
    27 While violations of international human rights and humanitarian law continue to be committedinDarfur,
    students from Darfur have also been unable to fully exercise their human rights in universitiesacrossSudan. Public criticism ofSudanese government policies and practices is repressedbySudanesesecurityforcesand bytheNISSinparticular.28 Universitystudentsattemptingtoprotestgovernmentpolicyorpracticehavebeen targeted for arrest and their protests have been violently dispersed by thesecurityforces.29 Withintheuniversity student population,Darfuri students have been prevented,including violently,fromorganizingpoliticalforato discusstheconflictinDarfuraswellaseventstocelebratetheirculturalheritage.There havebeenviolent confrontations between students affiliated to the ruling party,the National CongressParty(NCP),andDarfuri students when the latter demand implementation of tuition fee waivers agreed to intheDPAandtheDDPD. Darfuri students have been subjected to arbitrary detention for exercising theirhumanrights.Darfuristudents have also suffered torture and other ill-treatment while in detention.30
    Darfuri universitystudents have also been implicated in student-on-student violence,asdetailedinsection 3.3.OneofthemaintriggersofviolenceinvolvingDarfurstudentsinuniversitiesisthe failuretoimplement the fee waiver. A 2006 presidential decree based on the DPA and the 2011 DDPD provides for a feewaiver for Darfuri students. The fee waiver was required to ensure the right to education ofstudentsfromDarfurwas not further compromised than it already had been due to the conflict . The DPA emphasizesthe“exemption from the payment of school fees for new students of Darfuri origin at all levels.”34 Article14oftheDDPDstates that “all students who are the offspring of IDPs [internally displaced people] and refugeesfromDarfurstates duly admitted by the admission committee to national universities shallbeexemptedfromeducationalfeesfor 5 years.”35
    Thescopeandapplicationofthefeewaiveriscontested.Inalmostall Sudaneseuniversities,therehasbeen an annual dispute between Darfuri students and university administration s over paymentofDarfuristudents’ tuitionfees.Thehighereducationentitiesappeartointerpretthe feewaiverdifferentlythantheDarfuristudents do36 and there seems to be no common understanding over which fee waiver system,theoneoutlinedbythe DPA or the DDPD, takes precedence. Students from Darfur interpret the 2006 presidentialdecreetowaive fees as a blanket fee exemption.Different government institutions interpretthefeewaiverindiverseways,with
    37 mostseemingtointerpretthefeewaiveraslimitedonlytoDarfuristudentsfromIDPfamilies. TheMinistry
    ofHigherEducationandScientific Research announcedinDecember2015thattheacademicyear2016-17
    26 UPR, Second Cycle Report of Sudan at the Human Rights Council, 4 May 2016, https://documents-ddshttps://documents-dds- ny.un.org/doc/UNDOC/GEN/G16/025/86/PDF/G1602586.pdf؟ OpenElement, paragraph 117.
    27 Amnestyinternational,Sudan:Wecan'tendureanymore:theimpactofinter-communalviolenceonciviliansincentralDarfur,14March 2014 ( AFR 54/002/2014) and Sudan: Scorched earth, poisoned air: Sudanese government forces ravage Jebel Marra, Darfur, 29 September 2016 ( AFR 54/4877/2016) .
    28 Sudan:Amnestyinternationalpublicstatementatthe33rdsessionoftheUNHumanRightsCouncil,22September2016,(AFR 54/4875/2016); Sudan: Eight students arrested, whereabouts unknown, 9 May 2016, (AFR 54/3986/2016); Sudan: Student activists detained without charge, 20 April 2016, (AFR 54/3861/2016); and Sudan: further information: activist pushing for brother’s release detained: Erwa al sadig Ismael Hamdoun and Emad al sadig Ismael Hamdoun, 29 January, 2016, (AFR 54/3321/2016).
    29 Sudan:Studentsactivistsdetainedwithoutcharge,20April2016,(AFR54/3861/20,16).
    30 AmnestyInternational,UrgentAction,whereaboutsofDarfuristudentsunknown,17November2015,(AFR54/2754/2015).
    31 SudanMinistryofHigherEducation,http://www.mohe.gov.sd.
    32 DarfurRegionalAuthority,DevelopingDarfur:arecoveryandreconstructionstrategy, http://reliefweb.int/sites/reliefweb.int/files/resources/Darfur%20Development%20Strategy%20%286.3.13%29.pdfhttp://reliefweb.int/sites/reliefweb.int/files/resources/Dar...y%20%286.3.13%29.pdf .
    33 EmailcorrespondencewithmemberofDarfurStudents’Association,15January2016.
    34 DPA,http://www.un.org/zh/focus/southernsudan/pdf/dpa.pdf.
    35 DDPD, https://unamid.unmissions.org/Portals/UNAMID/DDPD%20English.pdf.
    36 Al Tareeq online newspaper, Higher Education: address the problem of tuition fees for students from Darfur, 5 December 2015, https://www.altareeq.info/ar/higher-education/https://www.altareeq.info/ar/higher-education/.
    37 Shorooq net, Darfur Regional Authority: specific conditions for exempting students from fees, 27 October 2015, http://www.ashorooq.net/index.php؟option=http://www.ashorooq.net/index.php؟option= com_contentandview=articleandid=52407andItemid=24.
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    According to the Ministry of Higher Education, there are currently 31 public universities, 11 private
    universities,54privatecollegesand15technicalcollegesinSudan.31 Thereareanestimated26,000 students from the Darfur region in these universities, representing 7% of the total numberofuniversity students, which is about 360,000.32 According to the Darfur Students’ Association, 18,000 students from Darfur were enrolled in universities in Khartoum in 2016.33
    13
    would be the last year for the fee waiver according to the DDPD.38 Amnesty Internationalwasunabletoobtain anyinformationfrom theSudaneseauthoritiesontheirfuture policiesorplansinrelationtothe feewaiver.
    The annual dispute between universityadministrations and Darfuri students has resultedinDarfuristudents being expelled from universities or banned from sitting exams for failing to pay fees.Darfuristudentshavealso been suspended from studying or denied their certificates after graduation.Detailsofsomeoftheseincidents are documented in this report.39
    THE RIGHT TO EDUCATION
    The Sudanese government is bound to respect, protect and fulfil the right to education without discrimination under a number of international and regional human rights treaties, including the
    International Covenant on Economic,Social and Cultural Rights (ICESCR),and the AfricanCharteron Human and Peoples' Rights. The ICESCR’s Article 13.C notes that “higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particularbythe
    progressive introduction of free education.” The African Charter on Human a ndPeoples'Rightsstatesin Article 17.1 that: “Every individual shall have the right to education.”
    The UN Committee on Economic,Social and Cultural Rights asserted in GeneralCommentNo.13that “...education in all its forms and at all levels shall exhibit interrelated and essentialfeaturesthatinclude availability,accessibility,acceptabilityandadaptability.”The Committee hasalsoheld,inparagraph9of
    General Comment 20, that “in order to eliminate substantive discrimination,Statepartiesma ybe,andin some cases are, under an obligation to adopt special measures to attenuateorsuppressconditionsthat perpetuate discrimination.Such measures are legitimate to the extent that theyrepresentreasonable, objective and proportional means to redress de facto discrimination and are discontinued when substantive equality has been sustainably achieved.”
    A similar point was made by the South African Constitutional Court in the case of Government of the RepublicofSouthAfricaandOthersvGrootbbomandOthers.40 TheConstitutionalCourt,inholdingthat the State must implement a reasonable policyto progressivelyrealiseeconomicsocialandculturalrights, held that “those whose needs are the most urgent and whose ability to enjoy all righ tsthereforeismost in peril, must not be ignored by the measures aimed at achieving realisation of the right.”41
    The Darfur Students’ Association, one of the most active student bodies in Sudan, hasorganizedsit-ins and pickets to protest against actions taken by university administrations on the feewaiverandheldpublicevents to address concerns around implementation of the fee waiver. Often, activities organizedbyDarfuristudents are violentlybrokenupbythe NISS andthe police,inclose co-ordinationwithstudentsaffiliatedwiththeruling NCP. In 2015, for instance, there were violent incidents between Darfuri and ruling partyaffiliatedstudentsin at leasttwelve universities across Sudan.42
    A second trigger for violence is the politic al activities of Darfuri students in relation to the conflictinDarfur. Darfuri students’ attempts to discuss the conflict in Darfur through public fora in theuniversitiesareregularly violentlythwartedbyruling partyaffiliatedstudents.The DarfurStudents’Associationhasalsotriedtoorganize protestsagainsttheconflictinDarfuronmultipleoccasions,which havebeenviolentlydispersedbytheNISS and the police. Many students participating in these protests have been arrestedandsubjectedtotortureand ill-treatment while in custody.
    Senior government officials have also made public statements against Darfuristudents’politicalactivities.For example,inSeptember2013,following the violentsuppressionofprotestsagainstthegovernment’sendingof fuel subsidies, during which around 200 people were killed,43 the government branded the protesters, including Darfuri students, as supporters of armed rebel groups. Two months later, in November2013,the
    38 The Ministry of Higher Education and Scientific Research points out that about 4,408 students from Darfur benefited from the fees exemption policy. Ministry of Higher Education 2016 is the last year for tuition fees exemptions for Darfuri students, 16 December 2015, http://www.alnilin.com/12738440.htmhttp://www.alnilin.com/12738440.htm.
    39 See Chapter 4 that address suppression of freedom of association and peaceful assembly.
    40 GovernmentoftheRepublicofSouthAfricavGrootboom,1SA46–2001,http://www.constitutionalcourt.org.za/Archimages/2798.PDF. 41 Asabove.
    42 In 2015, incidents of violence between the students from Darfur and ruling party affiliated students were reported in thirteen universities such as, in Khartoum: Omdurman Al Ahlia University, University of Bahri, University of the Holy Quran and Islamic Sciences, Al-Neelain University Khartoum, Al Zaiem Al Azhari University, University Sharq Al Niel College and Sudan University of Science and Technology, as well as University of El Fasher in North Darfur State, University of Zalingei in Central Darfur State, El Imam El Mahdi University in White Nile State, the University of Sennar in Sennar State, and the University of Dongola in Northern State.
    43 Amnesty International, Excessive and Deadly: The use of force, arbitrary detention and torture against protestors in Sudan (AFR 54/020/2014).
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    thenVice-President,Al-HajAdam Youssef,toldNCP-affiliatedstudentsthattheyshouldbantheactivitiesof Darfuri students. He added: “the state will not allow the tails of the armed groups to operate inside the country.”44 FollowingthedeathofaDarfuristudentduringaprotestattheUniversityofKhartouminMarch 2014,anofficialfrom the securityco-ordinationcommittee ofKhartoum State said:“Anystudentsupporters of the armed movements are prohibited from exercising any activity or gatherings ordemonstrations.Asthey are supporters of movements that [are] waging a war on the government, their activity in Khartoum isan extension of what they do in field of war, looting and burning.” He stressed that “the securityserviceswilldeal by force [with] and resolve...any activities of any groups that belong to the armed movements.”45
    3.3 LINK BETWEEN POLITICS AND VIOLENCE IN SUDANESE UNIVERSITIES
    Since Sudan’s independence in 1956, Sudanese academic institutions have been seen bySudanese societyas the bastionof freedom ofexpression.Sudanese universities have been historically known forgivingstudent organizations the space to freely voice their diverse opinions through cultural activities, discussion fora, public rallies and student newspaper.46 Student activismwasthecatalyst for popular political changes in October1964 and April 1985.47
    However, in its efforts to dominate thepolitical sphere since 1989,the regime ofthe current ruling party has gradually dismissedthousands of civil servants, including teachers, judges, engineers, medical doctors, university professors and army officers.48 Sudanese universities were not spared in this quest for domination. Today, all university Vice- Chancellors are appointed by the President,49 assisting inthe transformationofthesepublic institutions into political institutions and sacrificing academic independence.Student organizations now mirrors Sudan’s political landscape, in particular the ideologicaldivide between Islamists and secular liberals.Violent clashes between student organizationshave taken place intermittently over the past 48 years for a variety of reasons. The firstrecorded violent clash took place in 1968 between
    44 SudanTribune,Arabic,Confrontationsbetweenthe“National”studentsandsonsofDarfurinanumberofuniversities,28November 2013, http://tinyurl.com/go46dsahttp://tinyurl.com/go46dsa.
    45 SudanTribune,SudanesepoliceusesteargastodispersecrowdsatfuneralofUniversityofKhartoumstudent,
    12 March 2014, http://tinyurl.com/zqbg8sahttp://tinyurl.com/zqbg8sa.
    46 HumanRightsWatch,BehindtheRedLine:PoliticalRepressioninSudan,May1996,paragraph1,page160. 47
    48 According to research conducted by a Sudanese journalist, the total number of civil servants pensioned off from 1904 to 1989 had not exceeded 32,419 while, in the ten years from 1989 to 1999, the NIF dismissed nearly 73,640 civil servants. Cited in article by Al Sir Sid Ahmed, published in Asharq Al-Awsat newspaper, 20 May 2001. Gamal Gasim “Reflecting on Sudan’s Higher Education Revolution under Al-Bashir’s Regime,” Grand Valley State University, US, 2010, http://www.higheredsig.org/cihe/Number02-15.pdf.
    49 The 1990 Higher Education Act, 1990, Article 9(a). The President receives the nomination from the Higher Education Council and ma kes the appointment.
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    the April 1985 uprising, which overthrew Jafa’ar Nimeiri, the country’s second military government,
    Student forum at the University of Khartoum to address attacks on Darfuri Students, 10 Dec 2015. @Darfur Students’ Association
    Student activism played a key role in the October 1964 uprising, which overthrew the first military government of Ibrahim Abboud, and in
    http://nvdatabase.swarthmore.edu/content/sudanese-bring-down...ober-revolution-1964, and http://nvdatabase.swarthmore.edu/content/sudanese-students-w...ri-dictatorship-1985.
    15
    Islamist and secular students at the University of Khartoum, over a disputeaboutatraditionalSudanesedance show at the university.50
    AmnestyInternational spoke with two Sudanese academics, both ofwhom asserted the ideologicaldivide between students has changed over the intervening years, from Islamists andsecularandcommunistgroups in the 1970s, 1980s and 1990s, to Islamists and students from marginalized areas of Sudan – including,in recent years,students from Darfur.The academics were ofthe view that thisshiftcoincidedwiththebeginning of the conflict in Darfur in 2003.51
    Attacks on Darfuri students have been documented bynational and internationalhumanrightsorganizations andvariousmediaoutletsinsideSudan.52 Mostofthesereportsindicatethattheattackswereorganizedand perpetratedbyNISS agentsandrulingpartyaffiliatedstudents.53
    One Sudanese academic told Amnesty International that ruling partyaffiliatedstudents,alsoknownas“Jihad Units,” are “part of the militarized units of the NCP, they are above the law and above the university administration”.54
    AmnestyInternational has previouslydocumented and reported on violent incidents involving university students.One protest in March 2014 at the UniversityofKhartoum was violentlydispersedbyajointforceof the police,the NISS andruling partyaffiliatedstudents.55 Mohamed Adam Mahmoud,a Universityof Khartoum alumnus,participatedinthe March2014protest.He spoke to AmnestyInternationalinNovember 2015. Mohamed Adam Mahmoud described in detail his experience of how events unfolded:
    “In [early]2014,thegovernmentbombardedsomeareasinDarfur.StudentsfromDarfurwereprotestingagainst theseatrocitiesinDarfurintheuniversity...Thestudentswereattackedinsidetheuniversitybythepoliceand theNISS agents,aswelltherulingpartyaffiliatedstudents.Theyenteredtheuniversityholdingironbarsand
    f irearms. I was det ained [f or a f ew hours] by t hem in t he university and t hey beat me while in det ention.” 56
    As a result of the violence in the March 2014 protests, the former Vice -Chancellor of the University of Khartoum,Mustafa Hiati,suspendedthe JihadUnits.However,he rescindedhisdecisionandreinstatedthem in August2014underthe DeanshipofStudentAffairs.57
    The Students’ Islamic Movement affiliated to the opposition PopularCongressParty(PCP)urgedtheSudanese authorities to close down the Jiha d Units after its forum was violently disrupted at the Omdurman Islamic University in Khartoum state in early December 2015. It accused the Jihad Units of beingthemainsourceof student violence in universities. In a statement issued on 6 December 2015, theyblamed rulingpartyaffiliated students for violent assaults that injured nine of its members.58
    Amar Al Sajad,aseniormemberofthePCP,toldAmnestyInternationalthathisson,alsoamemberofthe PCP,was detained and badlybeaten byruling partyaffiliated students in a Jihad UnitattheSudanUniversity ofScienceandTechnologyinearlyDecember2015.AmarAlSajadtriedto lodgea complaintwiththe university administration but was himself assaulted by 15 ruling party affiliated studentsattheuniversitygate. AmarAlSajadsaidhe reportedthe attack to boththe universityadministrationandthe MinistryofHigher Education,butbothtoldhimthattheyhadnoauthorityovertheJihadUnits.59 AmarAlSajadtoldAmnesty International that he also reported the attack against his son to the police but that , as far ashewasaware, theyhadnottakenanyactionagainsttheattackers.60 AmarAlSajad’sallegationsagainstrulingpartyaffiliated
    50 The Democratic Front, affiliated to the Sudanese Communist Party, organized a cultural day at the University of Khartoum in 1968 to celebrate Sudan’s cultural diversity. It included a traditional dance from the Kordofan region in western Sudan named Al Ajako. The university’s Islamist group physically attacked students attending the day as they considered the dance un-Islamic or “Haram.” Sudan Update, Education and Art, n.d, http://www.sudanupdate.org/REPORTS/education/ED-ART.HTM.
    51 Interviews with academics on 11 January and 23 February 2016.
    52 ACJPS Call for immediate independent, investigation into student deaths and excessive use of force by Sudanese authorities, 12 December 2012, http://tinyurl.com/h49tg3vhttp://tinyurl.com/h49tg3v; ACJPS, Sudan Human Rights Monitor February-March 2012, http://www.africancentreforjustice.org/wp-content/uploads/20...rch-2012-Monitor.pdf; and Human Rights Watch, World Report 2014: Sudan, https://www.hrw.org/world-report/2014/country-chapters/sudan.
    53 Amnesty International received from the Darfur Students’ Association, on 17 October 2016, a list of students injured during these violent incidents. In 2015 alone, at least 38 students from Darfur were injured during these incidents.
    54 Interview with Ahmed Hussain Adam, Sudanese academic at Cornel University, London, 11 January 2016.
    55 Amnesty International, Excessive and Deadly: The use of force, arbitrary detention and torture against protestors in Sudan (AFR 54/020/2014).
    56 Interview with Mohamed Adam Mahmoud, Cairo, 24 November 2015.
    57 Sudan Tribune, Opposition member in the National Dialogue conference vows to step up demands to abolish the Jihadi units in the universities, 11 December 2015, http://tinyurl.com/nfxk3y7http://tinyurl.com/nfxk3y7.
    58 Al Intibaha newspaper (Arabic), 6 December 2015, http://tinyurl.com/z8a2ekdhttp://tinyurl.com/z8a2ekd
    59 Sudan Tribune, Opposition member in the National Dialogue conference vows to step up demands to abolish the Jihadi units in the universities, 11 December 2015, http://tinyurl.com/nfxk3y7http://tinyurl.com/nfxk3y7.
    60 Interview with Amar Al Sajaad, by telephone, 24 April 2016.
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    students are ofcriminal offences which the police are obliged to investigate and,where there is sufficient evidence, hold the perpetrators to account through criminal processes.
    Ruling party affiliated students have also reportedly assaulted university professors.Hamid Eldood Mahdi, previously an Associate Professor at Al Neelain University in Khartoum, was physicallyattackedbyagroupof rulingpartyaffiliatedstudents,whoaccusedhimofsupportingandpromotingtheSPLM/A-N61 andother politicaloppositiongroups.On18February2016,HamidEldoodMahdiwasstoppedbyabouteightstudents affiliated with the ruling party when he was leaving the university. They beat him upandthreatenedtokillhim.
    Hamidsaid:“Now,Ihavestoppedgoingtotheuniversity...forthefearofbeingassassinated.”62 HamidEldood Mahdi told Amnesty International he reported the incident to the police on the samedaybuttheydid nottake anyaction.Hamidaddedthat,on21March,he receiveda letterfrom the universitysuspending himfrom work as of 20 March 2016, pending investigation into the assault.”63 As far as Hamid was aware,noaction had been taken against the ruling partyaffiliated students who attacked him.He decidedtoleaveSudanin earlyApril2016.
    ASudanese academic described universitystudent violence as a reflection ofthe armed conflicts in the country.64
    61 SPLM/N, currently fighting the Government of Sudan in Blue Nile and South Kordofan since 2011.
    62 Email correspondence with Amnesty International received on 23 February 2016.
    63 Copy of the letter seen by Amnesty International on 21 March 2016.
    64 MohamedEidKilase,AcademicFreedomandStateControlonUniversities:lessonslearnedfromSudanexperiences,International Journal of Humanities and Social Science 3:10 [Special Issue May 2013], paragraph 2, page 184.
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    4. SUPPRESSION OF FREEDOM OF ASSOCIATION AND PEACEFUL ASSEMBLY
    “We live in very tough times here and in Darfur our families are displaced and homeless. When we try to explain such conditionstothestudentshereinKhartoum,whohavenoidea aboutwhatishappeninginDarfur,thegovernmentsupporters attack us. They do not want the people to know what is going on in Darfur.”65
    InterviewwithJalal,viaSkype,11October2015
    Sudanese civil societyorganizations (CSOs),academics and students have previouslyvoicedtheirconcerns about the suppression of Darfuri students’ freedom of expression, association and peacefulassembly.66 In 2014,51 Darfuri CSOs jointlyand publiclyexpressed concern in a statement thatDarfuristudentsattempting to exercise their freedom of expression were being targeted by state age nts which inmanycasesresultedin injuriesandincarceration.Theyaddedthat:
    “The dehumanization and heavy handed practices against Darfuri studentshasbecomenormal practice forthe r e g i m e a n d l a w e n f o r c e m e n t b o d i e s m a n d a t e d w i t h t h e a d m i n i s t r at i o n o f t h e d u e p r o c e s s o f l a w . ” 6 7
    One academic, who has been at his university since 2006, including six years as the DeanofStudentAffairs, toldAmnestyInternational:
    65 Interview with Jalal, via Skype, 11 October 2015.
    66 Joint NGO Letter: Human Rights Situation in Sudan, 3 September 2015, https://www.hrw.org/news/2015/09/03/joint-ngo-letter- human-rights-situation-sudan.
    67 51 Darfuri CSOs statement on the situation of human rights in Sudan, September 2014, http://www.sudanconsortium.org/darfur_consortium_actions/sta...mberslast1(1)(1).pdf.
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    “When the Darfuri students protest against the registration procedures or housing, or complain about water or electricity outages...they are...perceived on the basis that they belong to armed groups and not as students presenting their problems.”68
    Mohamed, a student from Darfur, told Amnesty International: “The regime considers us part of thearmed rebel movements and they try by any means to supress us...It doesn’t matter for them if you belong to a politicalpartyornot.”69
    FREEDOMOFEXPRESSION,PEACEFULASSEMBLYANDASSOCIATION
    Freedom ofexpression,peacefulassemblyandassociationare guaranteedbySudan’sInterimNational
    Constitution (INC) and international and regional treaties such as the InternationalCovenantonCiviland Political Rights (ICCPR) and the African Charter on Human and Peoples’Rights,whichSudanhasratified. This freedom includes the freedom to hold opinions, to receive and express these opinions and
    information and to gather, organize and hold meetings and demonstrations with others.
    Article 27 ofthe INC affirms Sudan’s obligation to respect,protect and fulfil the rights enshrinedinthe regionalandinternationalhumanrightstreatiesithasratified:“Allrightsandfreedomsenshrinedin internationalhumanrightstreaties,covenantsandinstruments ratifiedbytheRepublicoftheSudanshall
    be an integral part ofthis Bill,and international human rights treaties binding on Sudanareanintegral part ofthe Bill ofRights.”It also affirms that “the State shall protect,promote,guaranteeandimplement this Bill.”
    The obligation to respect, protect and fulfil the rights enshrined in the internationalhumanrightstreaties
    it has ratified means that:
    1. Sudanhasanobligationtorespecttherightsratified,whichrequiresittorefrainfromviolating human rights. This is often also called a “negative” obligation, or an obligation not to engage in a particular act or practice.
    2. Sudanhasanobligationtoprotecttheenjoymentoftherightsratified.Sudanmustnotonly
    refrain from violating the right, but also protect the individual from a violation of his or her rights by third parties, be they private individuals, or other non-State actors.
    3. Sudanmustpromoteorfulfilanindividual’srightsthatis,totaketherequiredstepstocreatea necessary and conducive environment within which the relevant rights can be fully realized.
    Freedom of peaceful assembly is a fundamental right, and should be enjoyed without restrictiontothe greatest extent possible. Only those restrictions which are necessa ry in a democratic society in the
    interests of national security or public safety, public order, the protection of publichealthormoralsorthe protection of the rights and freedoms of others, and are lawful, necessary, and proportionatetotheaim pursued, may be applied. Any restrictions are to be the exception rather than the norm, and mustnot impair the essence of the right.70
    In any case, regardless of the legality of the assembly, security agents are obligedtofacilitateratherthan impede the exercise ofthe right to peaceful assembly.This means that the securityagents ought to prioritise peaceful settlement of any dispute between different stakeholders over theirrighttopeaceful assembly. Any decision to disperse the assembly should be taken only as a last resort, and eventhen, security forces are obliged to avoid any use of force and restrict such use to the minimum level
    necessary.71 Sudanhasanobligationtotaketherequiredstepstocreateaconduciveenvironmentwithin which the freedoms of expression, association and peaceful assembly can be fully realized.
    68 EmailcorrespondencewithAmnestyInternational,29October2015.
    69 Interview with Mohamed, via Skype, 11 October 2015.
    70 JointreportoftheSpecialRapporteurontherightstofreedomofpeacefulassemblyandofassociationandtheSpecialRapporteuron extrajudicial, summary or arbitrary executions on the proper management of assemblies.
    71 BasicPrinciplesontheUseofForceandFirearmsbyLawEnforcementOfficials, http://www.ohchr.org/EN/ProfessionalInterest/Pages/UseOfForceAndFirearms.aspx .
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    AmnestyInternational has previouslyreported on violations ofDarfuri students’ freedom ofexpressionand peaceful assembly, including incidents in the University of the HolyQuranandIslamicSciencesinOmdurman, KhartoumStateandtheUniversityofElFasherinNorthDarfurin2015.72
    This report provides further details of violations of Darfuri students’ freedom of association and peaceful assembly at two universities in 2015. Darfuri students at the Holy Quran University participatinginasit-into demand implementation of the fee waiver were assaulted multiple times by those suspectedofbeingruling party affiliated students. At the University College of Sharq Al Niel, a meeting held by the Darfur Students’ Association to organize a cultural event was violently disrupted by alleged ruling partyaffiliatedstudents.One of the ruling party affiliated students was killed during this incident.
    In 2015, Amnesty International received multiple reports of violence between Darfuriand rulingpartyaffiliated students with the support ofNISS agents in at least ten universities across Sudan.The violence in these incidents appeared to have been triggered by Darfuri students’ activism around : the situationinDarfur;the fee waiver; any political activism; and demands for services.73
    4.1 ATTACK ON DARFURI STUDENTS PROTESTING FEE PAYMENT AT THE HOLY QURAN UNIVERSITY
    In certain circumstances, special measures may be necessary to ensure thattherighttoeducationisenjoyed without discrimination. The fee waiver was a legitimate measure to ensureDarfuristudentswerenotsubjected to substantive discrimination. It was intended to reduce the negative impact oftheconflictinDarfuronDarfuri students as concerns their right to education. It was also aimed at addressingthehistoricalstructuralinequality inSudanwhichconsideredtobeadriveroftheDarfurconflict.74 Thefeewaiverdidindeedenablesome Darfuri students to access higher education who may not otherwise have been able to.
    However,asindicatedearlier,thescopeandapplicationofthefeewaiveriscontested.75 Anumberof universities have not applied the fee waiver to all Darfuri students or have stopped applyingitaltogether.Asa result, many Darfuri students have been unable to register or graduate from universities. Someuniversities have expelled students and prevented them from completing their education due to non-paymentoffeesor theiractivism aroundthe issue. For instance,the HolyQuranandIslamic SciencesUniversityinOmdurman expelled four students for demanding implementation of fee waivers in October 2015. In July 2016, the Omdurman Islamic University administration withheld the examination results of more than 400 Darfuri studentsforfailuretopaytuitionfees.76 Darfuristudentsinseveraluniversitieshaveprotestedagainstthe imposition of tuition fees. One such protest at the Holy Quran University in Omdurman is described below.
    In October 2015, the Holy Quran University imposed tuition fees for all Darfuri students and applied the imposition retroactively. Darfuri students suddenly had to pay arrears ranging from2,000to3,000Sudanese pounds (USD328to 492)perstudent.New students were askedto pay800Sudanese pounds(USD131). The Darfur Students’ Association’s leaders met the Dean of Student Affairs to try topersuadetheuniversityto reverse its decision.According to a memberofthe DarfurStudents’Associationwhowasatthemeeting,the Dean ofStudent Affairs told them this was not his responsibilityand that theyshould meettheChancellorto resolvetheissue.77 On12October2015,theDeanofStudentAffairsissuedastatementsayingthatallstudents had to pay the arrears and that there was no fee waiver.78
    72 Amnesty International, Sudan: state sponsored assault on freedom of expression around elections, 23 April 2015, https://www.amnesty.org/en/press-releases/2015/04/sudan-stat...on-around-elections/; Amnesty International, Activists’ whereabouts unknown after arrest, 29 May 2015 (AFR 54/1759/2015); Amnesty International, Whereabouts of Darfuri students unknown, 17 November 2015 (AFR 54/2754/2015).
    73 In 2015-16, violence took place at the University of Khartoum, Omdurman Al Ahlia University, University of Bahri, Al-Neelain University, Al Zaiem Al Azhari University, and Sudan University of Science and Technology in the capital, as well as El Fasher University in North Darfur State, El Imam El Mahdi University in White Nile State, the University of Sennar in Sennar State, the University of Dongola in Northern State and Al Salam University in West Kordofan State.
    74 DarfurJointAssessmentMission(DJAM),DevelopingDarfur:arecoveryandreconstructionstrategy,8July2013, http://www.darfurconference.com/sites/default/files/files/Darfur%20Development%20Strategy%20(6.3.13).pdfhttp://www.darfurconference.com/sites/default/files/files/Da...ategy%20(6.3.13).pdf, page xvii.
    75 Seepage14ofthisreport.
    76 RadioDabanga,OmdurmanIslamicUniversitywithholdsDarfuristudents’results,24July2016, https://www.dabangasudan.org/en/all-news/article/omdurman-is...uri-students-results.
    77 Interview with a member of the Darfur Students’ Association, 21 November 2015.
    78 The Dean of Student Affairs from the Holy Quran University’s statement of 12 October 2015, on file with Amnesty International. However, the university’s stance on the fee waiver seems to have evolved over time. The Dean of Student Affairs issued another statement on 28 October 2015 stressing the university’s commitment to all agreements signed in relation to Darfuri students’ fees. The university’s statement further elaborates: "That those students in the Darfur Authority’s list should pay registration fees only. The
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    The Darfur Students’ Association issued astatement rejecting the new policy and argued it was a u-turn from the prior commitment made to exempt Darfuri students from paying fees. It also stated it would organize a sit-in protest until the universityreinstated the fee waiver. The peaceful sit-in started on 13 October 2015 around 8 am, at the university’s Al Thoura Block 1 Campus. About 500 students participated. Members of the Darfur Students’ Association distributed a statement and delivered some speeches objecting to the imposition oftuition fees. Around noon, the sit-in was attackedby70to100 individuals composed of ruling party affiliated students,thepoliceandNISSagents.79 Amemberof the Darfur Students’ Association told Amnesty International:
    “On 13 October, we organized a public seminar to discuss the fees problem. A group [of students] belonging to the ruling party [the NCP] attacked our gathering at around12 pm usingMolotov cocktailsand i r o n b a r s , w h i c h r e s u l t e d i n t h e i n j u r y o f s i x s t u d e n t s.” 8 0
    The students organized another sit-in and public seminar on 25 October 2015 to discuss the issue. Alleged ruling party affiliated students violently disrupted the meeting and the ensuing violence resulted in the injury of 15 students, mostly from Darfur.81
    The following day, on 26 October 2015, the police arrested 12 Darfuri students. Three were releasedon the same day and nine were detained atWadNubawi Police StationinOmdurman.Thepolicechargedthem
    with participating in a “riot,”causing “disturbance ofpublic peace”and “public nuisance”underArticles68, 69, and 77 of the 1991 Criminal Act. These charges carry the punishment of imprisonment and flogging. However, the charges were all dropped in November 2015 for lack of evidence and the nine studentswere released.82
    Hamid, aged 23, was one of the students arrested and detained on 26 October 2015. He told Amnesty International that:
    “Wewerearrestedforparticipatinginthesit-inabouttheregistrationof thestudentsfromDarfur.Thepolice arrestedusfrominsidetheuniversity premises.Wewerebeatenandracially insultedandweremainedfortwo hoursinsideapolicevan.ThenweweretakentoWadNubawiPoliceStationinOmdurman.Wedemandedthatthose injured should be treated. Our demand was ignored. The bail request by a volunteer lawyer was refused,ourfamilies w e r e n o t a l l o w e d t o v i s i t u s . W e w e r e d e t a i n e d i n a c r o w d e d p o l i c e c e l l i n v e r y h a r s h c o n d i t i o n s f o r t h r e e d ay s . W e werethenreleasedon30 October.”83
    A member of the Darfur Student Association’s Executive Committee told Amnesty International that two students were expelled from the university o n 22 December 2015 and another two suspendedfortwoyears. The expelled students were Nofel Mohamed Salih,2nd year,Arabic Language Faculty,andHassanAdam Hassan,4th year,Education Faculty.Briamah Mohamed Ibrahim,1st year,Arabic Language Faculty,and MawiaAdam,2ndyear,EducationFacultyweresuspended.84 AmnestyInternationalunsuccessfullytriedto
    rest of the Darfuri students should pay registration fees and tuitions fees and the remaining balance in instalment." The Dean of Student Affairs’ statement of 28 October 2015, on file with Amnesty International.
    79 Interview with a member of the Darfur Students’ Association, by Skype, 5 November 2016.
    80 Interview with Hassan, student, by Skype, 21 November 2015.
    81 Interview with a committee member of the Darfur Students’ Association, 15 November 2015; Amnesty International, Urgent Action, whereabouts of Darfuri students unknown, 17 November 2015 (AFR 54/2754/2015).
    82 Interview with a committee member of the Darfur Students’ Association, 26 January 2016; Amnesty International, Sudan: Further information: eight Darfuri students released, 27 January 2016 (AFR 54/3258/2016).
    83 Interview with Hamid, student, by Skype, 21 November 2015.
    84 Email correspondence with a member of the Darfur Students’ Association, 25 December 2015.
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    speak to the four students. Amnesty International also wrote, in April and May 2016, to the universityabout this incident but no response was received before publication. Just before publication,AmnestyInternational received unverified information that the universitymayretract its expulsion and suspensiondecisionagainst the four students.
    Amnesty International also wrote to the Holy Quran University in April 2016 and again in May2016,seeking further information about the university’s fee waiver policy, but had received no response by the time of publication.
    4.2 INCIDENT AT THE UNIVERSITY COLLEGE OF SHARQ AL NIEL
    The Darfur Students’ Association organized a meeting to prepare for a cultural day85 on 29 April2015at the University College of Sharq Al Niel’s Economic campus, located in ShambatAlAradiinNorthKhartoum (Bahri). The meeting was held following two days of tension between the Darfur Students’Associationand ruling party affiliated students over reciprocal pulling down of each other’s advertisements and posters. At least 70 Darfur Students’ Association members attended the meeting. At 1:30 pm, a group of ruling party affiliated students violently disrupted the meeting. During the fighting that ensued, one ofthe ruling party affiliated students, Mohamed Awadelkarim, was stabbed and killed. He was the former Secretary General of the Students’ Union and a 2nd year accounting student. At least five Darfuri students were injured. Mohamed Abdallah Al Baqari, a Darfuri student, was arrested by the police on 5 May 2015and charged with murdering Mohamed Awadelkarim.
    Jad, who witnessed the incident on 29 April 2015 told Amnesty International:
    “Twodaysbeforetheincident,wehadadvertisedforameetinginvitingtheassociationmemberstodiscussand plan fortheDarfurCulturalevent.Weplacedtheseadvertsintheadvertisementboardnearthegateofthe campus. However,theadvertsweretakendownby therulingpartysupporters.Weplacedanotheradvertearlyin themorningontheday of themeeting[on29April].Aftertwohours,wefoundthattheadvertsweretakendown. We complained to the university security personnel. They toldus to lodge a complaint with the Students’ Union. We went to the Union’s office. We explained to one Union member what happened to us and we asked him to intervene and protect our advertisements. He promised us this will not happen again and they will resolve the issue...Wedecided toissue astatementabout thisincident andinformthestudentsaboutwhathappened.After lunch time, we found that our statement was also ripped from the advertisement board. Instead, an advert belonging to [the Islamic movement] ruling party supporters replaced it. We ripped their advert and we put insteadourmeetingannouncement.Therulingpartysupportersorganizedapublicevent thatafternoonand threatened to use violence against our members.”86
    Another member of the Darfur Students’ Association told Amnesty International:
    “Weadvertisedforourculturaleventinsidetheuniversity,butouradvertsweretakendownbytherulingparty supporters.Inresponse,we issued a publicstatementbut thatwasalsorippedoff.”87
    Jad further added, explaining what happened during the attack:
    “Fiveminutesafterwestartedourmeeting,about1:30pm,weheardvoicesshouting‘AllahAkbar’[Godis Great]. They were about 150 people holding iron bars, cleavers and chains. They beat us. Five of our members were seriously injured. We ran towards the gate. They chased us and shouted racist slurs against us. At that time, five people attackedMohamed Abdallah Al Baqari, three from thefront, two from behind. They hit him with a cleaver
    85 The Darfur cultural event is annual two-day event that celebrates Darfuri culture. The first day showcases traditional Darfuri food, wedding ceremonies and dance. In the second day, they present music a nd songs from Darfur.
    86 Interview with Jad, member of the Darfur Students’ Association at the University College of Sharq Al Niel, by Skype, 7 November 2016.
    87 Interview with a member of the Darfur Students’ Association, by telephone, 23 May 2015.
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    and iron bars in the head. The victim [Mohamed Awadelkarim] was holding a cleaver and he tried to attackhim again. Then Baqari stabbed him with a knife.” 88
    According to an official statement from the police on 29 April 2015 about the incident: " At 3 pm, as a result of a dispute between two groups of students at the University College of Sharq Al Niel, one of the two groups attacked the other at the university campus and caused injuries among studentsanddamage
    to the faculty’s property." The statement added: "During the attack, one student named Mohamed
    89
    Awadelkarim was wounded. He was taken to a hospital where he died of his injuries.” The GeneralUnion
    ofSudanese Students[a pro-governmentbody],also condemnthe incidentofviolenceattheuniversity.90 Mohamed Abdallah Al Baqari was brought before a judge at the Criminal Court of Khartoum Northon14
    May 2015. During the trial of Mohamed Abdallah Al Baqari, the testimony of a police detective at the Criminal Court of in Khartoum North in August 2015, narrated:
    “ That , on t he day of t he incident at t he College, one group [Darf uri st udents] has put up a banner...anot her group [rulingparty supporters]put uptheirbannersinitsplace.Then they [Darfuristudents]holdanemergency meeting in an office, but they were surprised by the entry of another group [ruling party supporters] that ordered themtoleavetheofficeandafightbrokeout betweenthevictim[MohamedAwadelkarim]whowascarryinga cleaver and hit him [Mohamed Abdallah Al Baqari] on the head. Another beat him with iron bar. During that, the victim[MohamedAwadelkarim]wasstabbedwithaknifeandhefelltothegroundanddiedafterbeingtakento hospital.” 91
    In November 2015, Al Baqari was found guilty of manslaughter and sentenced to five years' imprisonment
    and the payment of “blood money” to Mohamed Awadelkarim's family. The court ruled that Al Baqariwas
    92 defendinghimselfwhilebeingattackedbyfivestudentmembersaffiliatedtotherulingparty. Theprosecution
    appealed against the court sentence and the appeal court sent the case back tothetrialcourtforreview.The trial court subsequently found Al Baqari guilty of murder on 23 June 2016 and sentenced him to death by hanging.93 ThedefencehasappealedthedeathsentencetotheCourtofAppeal.TheAppealcourtoverturn the murder sentence to manslaughter in early December 2016.
    ThetragicdeathofMohammedAwadelkarimtriggeredviolentclashesbetweenDarfuriand rulingparty affiliated students in five universities in Khartoum. In the following weeks, 200 students from Darfur were reportedlyarrested from universities in Khartoum State bythe NISS and the police.94 AccordingtotheDarfur Bar Association, no investigations into, nor arrests of ruling party supporters’ involvementintheincidenthave taken place.95
    In May 2015, a number of political and human rights groups issued a statement raising concerns about selective targeting of Darfuri students by the security forces and calling for their protection.96
    While the government seems to have taken steps to investigate and ensure accountabilityforthetragic death of a student in this incident, the broader investigations and arrests thatfollowed,appearedtodisproportionately target one segment of the student population. While Amnesty International is unable to confirmifanyruling party affiliated students were arrested for this violence, all available information suggests that thesecurity
    88 Interview with Jad, a member of the Darfur Students’ Association at the University College of Sharq Al Niel, by Skype, 7 November 2016.
    89 Sudan Tribune, Student killed and dozens wounded in a bloody incident at the University College of Sharq Al Niel, 29 April 2015, http://tinyurl.com/zysdqjshttp://tinyurl.com/zysdqjs.
    90 The former chairperson of the General Union of Sudanese Students [a pro-government body], Al Niel Fadil, in early May 2015, described the incident as “a terrorist act” by particular groups, and “aberrant” to the Sudanese universities. The educational institutions are for “scientific knowledge and learning,” he asserted. “Such conduct should not be tolerated at the Universit y’s campus.”Akhir Lahza newspaper, Students Violence Who is responsible؟ 3 May 2015, http://akhirlahza.info/akhir/index.php/2011-04http://akhirlahza.info/akhir/index.php/2011-04- 10-12-20-11/50342-2015-05-03-08-54-47.html
    91 Al Tayar newspaper, The detective reveals dramatic details in the case of the student killed at Sharq Al Niel College , 27 August 2015, http://www.altayar.sd/play.php؟catsmktba=8573http://www.altayar.sd/play.php؟catsmktba=8573.
    92 Radio Dabanga, Mohamed Al Baqari sentenced to five years and payment of blood money, 9 November 2015, http://tinyurl.com/zehp5zkhttp://tinyurl.com/zehp5zk.
    93 Interview with Adam Baker, Al Baqari’s lawyer, by telephone, 9 July 2016.
    94 Interview with a member of the Darfur Students’ Association, by telephone, 23 May 2015; Amnesty International, Activists’ whereabouts unknown after arrest, 29 May 2015 (AFR 54/1759/2015).
    95 InterviewwithAbderhamanAlGasim,ExternalRelationsSecretary,DarfurBarAssociation,bytelephone,15September2016.
    96 Sudan Tribune, Parties and activists warn from the campaigns in Sudanese universities after the killing of student, 2 May 2015, http://tinyurl.com/qf4tckhhttp://tinyurl.com/qf4tckh; Radio Dabanga, The launch of a campaign “We All Darfur” to confront racial incitement against students and the political and civil society groups warns the government, 3 May 2015, http://tinyurl.com/jfexbd5http://tinyurl.com/jfexbd5.
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    forces prioritised only Darfuri students for investigation and arrest. The police must investigate and bring criminal charges against all those students involved in incidents of violence, including rulingpartyaffiliated students.
    Inhis 2014report,the UNSpecialRapporteuronthe rights to freedomofpeacefulassemblyandofassociation pointed out that “...the failure to provide any outlet for politically excluded groups to air their grievancescanbe counter-productiveandcarrysevereconsequences.Further,suchrestrictionscanfosterormagnifyacultureof silence amongtheexcludedgroup, puttingthemat higher riskof violationsand abusesthat may gounreported, not investigatedandunpunished.”97
    DuringSudan’sUPRin2011,thegovernmentacceptedrecommendations torespecttherightstofreedomof expression, association and assembly and to allow human rights defenders,politicaldissidents,andjournalists to express their views freely in line with international human rights law.However,Sudanhasfailedtoimplement therecommendationsitaccepted.98 DuringSudan’sUPRon4May2016,Sudanacceptedanumberof recommendations about the protection of freedoms of expression, associationandassembly,andcommitted itself to amend existing legislation that violates these rights.99
    97 ReportoftheSpecialRapporteurontherightstofreedomofpeacefulassemblyandofassociation,MainaKiai,UNDoc.A/HRC/26/29, 14 April 2014, paragraph 26.
    98 Sudan: Amnesty International Submission to the UN Universal Periodic Review, May 2016 (AFR 54/3532/2016).
    99 UN Human Rights Council, Working Group on the UPR Thirty-Third Session, Geneva, Report of the Working Group on the Universal Periodic Review, Sudan, http://daccess-ods.un.org/access.nsf/Get؟OpenandDS=A/HRC/33/8/Add.1andLang=E.
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    5. ARBITRARY DETENTION, TORTURE AND OTHER ILL- TREATMENT
    Abdelmonim Adam Mohamed,ahumanrightslawyer,wasarrestedbytheNISSfollowingprotestsatthe University of Khartoum in March 2014. Abdelmonim Adam Mohamed told AmnestyInternationalthat,during his interrogation at the NISS offices, one NISS agent told him:
    “Here there are no lawyers, courts, law or God, only us. We can do what we like to you. If you don’t answer our questions, we will throw you into the sea. Nobody will know what happened to you and no one will ask about you.”100
    The statement above reflects the broad powers ofarrest and detentionthattheNISSenjoysundertheNational Security Act (NSA) 2010, which allows suspects to be detained for up to fourandahalfmonthswithoutjudicial review. Article 50 of the NSA stipulates that the NISS can arrest and detain any person for up to30days(45 upon renewal) without judicial oversight. The detention can then be extended for up to a total offouranda halfmonths.101 AmnestyInternationalhasdocumentednumerouscaseswhereNISSofficialshaveusedthese powers to arbitrarily arrest and detain individuals, often holding them incommunicado.102
    Being held without contact with the outside world considerablyenhancesthedetainees’riskofbeingsubjected to torture,and also constitutes a form ofill-treatment.NISS agents enjoyimmunityfromprosecutionforany act committed in the course of their work, even when human rights violations occur, which has fostereda cultureofimpunitywithintheservice.103 ConstitutionalamendmentstoArticle151passedbyParliamenton5 January2015 exacerbated the situation.The changes conferred additional powers to the NISS,giving it
    100 StatementbyAbdelmonimAdamMohamed,humanrightslawyer,receivedbyAmnestyInternationalon30March2015.Hewas arrested from 13 March 2014 to 8 April 2014, after the student protest at the University of Khartoum on 11 March 2014. He is currently living outside Sudan.
    101 NationalSecurityAct,2010,http://tinyurl.com/jb6xunqhttp://tinyurl.com/jb6xunq.
    102 AmnestyInternational,Eightarrested,whereaboutsunknown,8August2016(AFR54/4617/2016);AmnestyInternational,Threehuman rights defenders still detained, 14 July 2016 (AFR 54/4267/2016); Amnesty International, Eight students arrested, whereabouts unknown, 9 May 2016 (AFR 54/3986/2016); Amnesty International, Six protestors detained without charge, 29 April 2016 (AFR 54/3926/2016); Amnesty International, Student activists detained without charge, 20 April 2016 (AFR 54/3861/2016); Amnesty International, Ten civil society activists harassed by NISS, 17 March 2016 (AFR 54/3634/2016); Amnesty International, Whereabouts of Darfuri students unknown, 17 November 2015 (AFR 54/2754/2015).
    103 The2010 NationalSecurityActmaintainedimmunityforNISSmembersandtheirassociates.Article52(1)statesthatanyactcommitted by the NISS while pursuing their duties and with “good intentions” should not be considered a crime. Article 52(3) provides immunity to members of the NISS for all acts committed in the course of their work as long as the immunity was not waived by t he NISS Director.
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    unlimiteddiscretionarypowersoverpolitical,economicandsocialissues.104 TheNISSthusoperatesundera legal framework incompatible with Sudan’s regional and international human rights obligations.
    During Sudan’s UPRinMay2011andMay2016,Sudanagreedto ratifythe ConventionagainstTortureand Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), but this commitment has not been fulfilled to date. 105
    ARBITRARY DETENTION
    Article 9 of the Universal Declaration of Human Rights, Article 9 of the ICCPR, and Article6oftheAfrican
    Charter on Human and Peoples’ Rights guarantee the right to “liberty and security” of the person.
    Article 29 ofthe 2005 Sudan Interim National Constitution stipulates that “everypersonhastherightto liberty and security of the person; no person shall be subjected to arrest, detention, deprivation or
    restriction of his/her liberty except for reasons and in accordance with theproceduresprescribedbylaw.” The importance of procedural safeguards during police custody, to protect an individual’srightswhere
    they are at the mercy of the state, is reflected in international covenants such as the ICCPR.Ithasalso been enshrined in such instruments as the UN Body of Principles for the ProtectionofAllPersonsunder
    Any Form of Detention or Imprisonment and the UN Standard M inimum Rules for the Treatment of Prisoners.106 The ACHPR’s Guidelines on arrest, police custody, and detention also recognize the importance ofcustodial safeguards including providing that the maximumperiodinpolicecustodyshould be set as not being more than 48 hours in national law unless issued by a competentjudicialauthority.107 It also recommends that states put in place procedural and other safeguardsto,forinstance,limittheuse
    of force against persons in police custody or pre -trial detention.
    104 AmnestyInternational,Sudan:EntrenchedRepression:FreedomofExpressionandAssociationunderUnprecedentedAttack,2April 2015 (AFR 54/1364/2015); Amnesty International, Three opposition members harassed by NISS, 17 August 2015 (AFR 54/2271/2015). 105 Human Rights Council, Sudan UPR, http://lib.ohchr.org/HRBodies/UPR/Documents/session11/SD/Sud...mplementation_en.pdf. 106 UN, Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, http://www.un.org/documents/ga/res/43/a43r173.htm.
    107 Article 7(b)(ii). The maximum duration of police custody, prior to the obligation to bring the arrested person before a judge, shall be set out in national law that prescribes time limits of no more than 48 hours extendable in certain circumstances by a compete nt judicial authority, consistent with international law and standards.
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    TORTUREANDOTHERCRUEL,INHUMANORDEGRADINGTREATMENTORPUNISHMENT
    Article 5 of the Universal Declaration of Human Rights states that “no one shallbesubjectedtotortureor to cruel, inhuman or degrading treatment or punishment.” Internationalhumanrightslawprohibitstorture and all other forms of cruel, inhuman or degrading treatment or punishment (“ill -treatment”) in all circumstances. The prohibition of torture and other forms of ill-treatment is a rule of customary
    internationallawbindingonallstates,eventhosethatarenotpartyto theCAT,suchasSudan.The prohibition against torture and other ill-treatment cannot be derogated.
    Sudan is additionallybound byArticle 5 ofthe African Charter on Human and Peoples’RightsandArticle 7 of the ICCPR, both of which prohibit torture and other ill-treatment, and Article 10 of theICCPRwhich recognizes the right of all persons deprived of their liberty to humane treatment. Both Article 5 of the
    African Charter on Human and Peoples’ Rights and Article 10 of the ICCPR stressrespectfortheinherent dignityofhumanbeings.Since 2013,Sudanis also partyto the ArabCharteronHumanRights,Article8 of which states: “No one shall be subjected to physical or psychological torture or to cruel,degrading,
    reaffirms the absolute ban o n torture and cruel, inhuman and degrading treatment.
    Torture is defined as any act through which pain or suffering, whether physical or mental,isintentionally inflicted bya public official orsomeone acting inan officialcapacity ona personin orderto:obtain information or a confession from him/her or a third person; punish him/her or a third person for what him/her or a third person has done or is suspected of doing; or intimidate or coerce him/her or a third person. It does not include pain or suffering arising from lawful sanctions.109
    The UN Human Rights Committee’s General Comment 20 on torture confirms that eveninsituationsof publicemergencysuchasthosereferredtoinArticle4ofthe ICCPR,noderogationfromtheprovisions of Article 7 is allowed. The Committee likewise observes that no justificationorextenuatingcircumstances may be invoked to excuse a violation of Article 7 for any reason, including those based onanorderfrom a superior officer or public authority.110
    ill-treatmentbytheNISSinNovember2008.The ACHPRfoundSudanhadviolatedArticle1oftheAfrican Charter on Human and Peoples' Rights by failing to respect, protect, promote or fulfil the rightsinthe same.ItalsofoundthatSudanwasinviolationofArticles5,6,9,10,12,15and16ofthe same.Itcalled onSudanto investigate andprosecute the securityandintelligence officersallegedtoberesponsiblefor thearbitraryarrest,tortureandotherill-treatmentofthethreehumanrightsdefenders.112 Itgavethe
    humiliating or inhuman treatment.”108
    The prohibition on torture or other forms of ill-treatment or punishment is enshrinedinthe2005Interim
    Constitution ofSudan.Article 30 ofthe Bill ofRights guarantees the right ofeveryperson to humane conditions of detention, in accordance with Article 10 of the ICCPR. Article 33 of the Bill of Rightsalso
    In2012,theACHPRobservedthatnolawcriminalizestortureinSudan.111 TheACHPRpublishedits decisionon13February2015onthe case ofthree Sudanese humanrights defenders,MonimElgak, AmirSulimanandthe late OsmanHummaida,who were subjectedto arbitraryarrest,tortureandother
    Government ofSudan 180 days to inform it ofmeasures taken to implement itsdecision.Sudanhadnot responded to the ACHPR as of December 2016.
    The section below highlights a number of incidents of arrests, arbitrary detention, torture andill-treatment involving Darfuri students.
    108 League of Arab States, Arab Charter on Human Rights, http://hrlibrary.umn.edu/instree/loas2005.htmlhttp://hrlibrary.umn.edu/instree/loas2005.html.
    109 TheConventionagainstTortureandOtherCruel,InhumanorDegradingTreatmentorPunishment, http://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx.
    110 TheHumanRightsCommittee,CCPRGeneralCommentNumber20:Article7(ProhibitionofTorture,orOtherCruel,Inhumanor Degrading Treatment or Punishment), 10 March 1992, http://www.refworld.org/docid/453883fb0.html.
    111 ACHPR,ConcludingObservationsandRecommendationsonthe4thand5thPeriodicReportoftheRepublicofSudan,51stOrdinary Session, 18 April - 2 May 2012.
    112 ACHPR,Communication379/09–MonimElgak,OsmanHummeidaandAmirSuliman(representedbyFIDHandOMCT)vSudan,14 March 2014, http://www.achpr.org/files/sessions/15th-eo/comunications/37...ision_379_09_eng.pdf.
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    5.1 ARBITRARY ARREST, ILL-TREATMENT AND UNLAWFUL KILLING AT THE UNIVERSITY OF EL GENEINA
    On 31 January2016,the NISS and ruling partyaffiliated students violentlydisrupted a public seminaratEl Geneina University organized by a student organization from the opposition UnitedPopularFront(UPF).This is a student organization present in Sudanese universities affiliated to the SLM/AW.During thisincident,a numberofstudentswereseriouslyinjuredandonestudent,SalahalDinQamarIbrahim,waskilled (see chapter six for more details). Information gathered by Amnesty International indicatesthatgatheringwasnot sanctionedbythe universityadministration andruling partyaffiliatedstudentswereactingalongsidetheNISS agents to violently disrupt the gathering.
    On 28 January 2016, the UPF announced its intention to hold a political forum on 31January2016todiscuss thesituationinJebelMarra,whereagovernmentoffensiveagainsttheSLA/AWwasunderway.113 Twodays after the announcement and the day before the proposed event, on 30 January 2016, theUniversityStudent Affairs office issued a statement prohibiting any political activities such as public discussion for a at the university,citinginsecurityintheregion.114 TheUPFignoredtheprohibitionandwentaheadwiththepolitical forum on 31 January 2016.
    Abdel,a student who wasat the political forum,told AmnestyInternational:
    “Theforumstartedandtwospeakersaddressedthegathering.But beforethesecondspeakerfinishedhisspeech, t he f orum was at t acked...[S]uddenly a group of people, ruling part y af f iliat ed st udent s and t he NISS agentsinplain clothes, enteredthe university’scampus. Thistookplace at 4 pm.They were carryingmachine guns,knivesand ironbars.Theystartedtobeatanyoneattheforum.SomeoftheNISSagentsstoodat theuniversitymaingate, with the help of the ruling party affiliated students, identified some students and arrested them. Iwasarrestedat theuniversityandbeatenbytheagents.”115
    The ACJPS reported that everyone arrested was beaten with “water pipes and metalbars”attheNISSoffices in El Geneina.116 Abdel further told Amnesty International:
    “In total, 25-27 students were arrested and taken to the NISS headquarters in El Geneina. We were...[badly] beaten. They took our personal details, recorded our voices [in order to identify those who talk to the media],took photographs,confiscatedmobilephonesandotherpersonalitems.Intheinterrogations,theyaskedusaboutour political affiliations and tribal identity. They specifically focused on three tribes namely the Fur, Masalit,and Zaghawa. They also focused on UPF affiliation. This harsh treatment lasted for three days then we were all, apart from two, released without charges.”117
    Amnesty International received reports from human rights monitors in the area confirmingthatthestudents were released without any charges, except fortwostudents,Abdel Hakam Mubarak Al Khair andNasr Eldin Mohamed Atim,whowerereleasedonbailpendingtrialafteroneweek.Thetwowerechargedwith“causing intentional wounds” and “providing false information.”118 All charges against one student, Nasr Eldin Mohamed Atim were subsequently dismissed by a court in El Geneina for lack of evidence.119 AbdelHakam Mubarak Al Khair was sentenced to one year in prison.120
    113 Sudan: Scorched earth, poisoned air: Sudanese government forces ravage Jebel Marra, Darfur, 29 September 2016, (AFR 54/4877/2016)
    114 Copy of the statement by the University Students’ Affairs office seen by Amnesty International.
    115 Interview with Abdel, student at El Geneina University, via Skype, 10 February 2016 and 22 April 2016.
    116 ACJPS, West Darfur: One student dead after heavy beatings and serious concern for safety of another student detained incommunicado at security offices, 8 February 2016, http://www.acjps.org/west-darfur-one-student-dead-after-heavy-beatings-and- serious-concern-for-safety-of-another-student-detained-incommunicado-at-security-offices/.
    117 Interview with Abdel, via Skype, El Geneina, 10 February 2016.
    118 Articles 139 and 97 of the Sudan Criminal Act, 1991
    119 Interview with a human rights defender, via telephone, El Geneina, 5 August 2016.
    120 Interview with a human rights defender, via telephone, El Geneina, 9 November 2016.
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    5.2 HOLY QURAN AND ISLAMIC SCIENCES UNIVERSITY
    IN OMDURMAN – INCIDENT OF ARREST AND
    On 11 November 2015, a fire destroyed many offices in the administration block of theHolyQuranUniversity. The university administration and the Ministry of Interior issued statements the followingdayblamingDarfuri students for setting fire to the building.121
    The Darfur Students’ Association denied the allegations in a statement issued on 15 November2015and accused the government of the “systematic targeting of Darfuri students to prevent them fromexercisingtheir righttoeducation.”122 Followinginvestigations,theNISSarrestedeightstudentsfromtheHolyQuranUniversity in Omdurman on 14 November 2015.123 The students were charged with criminal damage124 in early December 2015, which attracts a penalty of up to five years in prison. Charges againstsixoftheeightstudents were later withdrawn, on 22 December 2015, and they were released shortly thereafter.Thetworemaining students,NaserAldeenMukhtarMohamedandMosaabOsmanAlAmodi,were releasedon23December 2015 on bail pending trial.125
    The students arrested on 14 November 2015 reported they had been severely beaten whileinthecustodyof the NISS.126 Salih,one ofthe studentsarrested,told AmnestyInternational about his ordeal:
    “ I w a s i n m y a p a r t m e n t i n K h a r t o u m , a r o u n d 1 2 p m o n S a t u r d a y , 1 4 No v e m b e r . A r o u n d 2 5 a r m e d m e n k i c k e d i n t he apartment door and stormed in shouting my name. They were from the NISS. We were five people inside the apartment at thetime.They hadaphotoof mewiththem.Thearrestingunit washeadedby aLieutenant-Colonel. Under his instruction, they beat me and kicked me in the head and all over my body. This lasted for about 30 minutes.Thentheyhandcuffedmeandtookmeandmyothercolleagues[fourstudents]inawhiteToyotapick-up withtintedwindowstotheNISS'sheadquartersinKhartoumNorth.InsidetheNISS,weweremadetostandupina yardandraiseourhandsandfacethewall.Theycontinuedbeatingmeallovermybodywitha blackplasticwater p i p e . A f t e r t h a t , I w a s t a k e n i n s i d e t o a n o f f i c e w h e r e t h e r e w e r e f i v e o f f i c e r s . T h e y t o l d m e t h a t t h e y r e c o r d ed a conversation with my mother. They threatened me that they will hurt her and my brother if Idid notcooperatewith them. They wanted to know what my relation was with the armed rebel movements in Darfur; whofundsandsupports us؟ They accused me of burning the university building. They told me that they can kill me and no one will know about it.Iwasracially insultedandthey toldmethat we,Darfuripeople,aremalevolent peopleandAbeed[slaves]. Then, they took me to the fourth floor. I was tortured by another NISS agent from the afternoon till 3 am. Iwas kicked and whipped mercilessly on my bare back and my feet.”127
    TORTURE
    121 Sudan Tribune, a Molotov cocktail attack caused a massive fire at a university in Khartoum, 11 November 2015, http://tinyurl.com/pjo6bt9http://tinyurl.com/pjo6bt9.
    122 Sahafa Arabiah, A statement from Darfur Students’ Association about the incident at the Holy Quran University, 16 November 2015, http://www.sahafaharabiah.net/news2188402.htmlhttp://www.sahafaharabiah.net/news2188402.html.
    123 Interview with a member of the Darfur Students’ Association, by telephone, 15 November 2015; Amnesty International, Sudan: Whereabouts of Darfuri students unknown (AFR 54/2754/2015).
    124 Article 182 of the Sudan Criminal Code 1991; Amnesty International, Sudan: Further information: eight Darfuri students released, 27 January 2016 (AFR 54/3258/2016).
    125 Amnesty International, Sudan: Further information: eight Darfuri students released, 27 January 2016 (AFR 54/3258/2016).
    126 AnumberofotherstudentsarrestedinthesameperiodinformedAmnestyInternationalthattheyweresubjectedtosimilartreatment. 127 Interview with Salih, via Skype, 31 December 2015.
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    Scars on Salih’s back. He was flogged during his detention at NISS offices in November 2015. @Private
    Since their release, Salih says that he and his colleagues have found it difficult to attenduniversitybecause
    theyhave beenundersurveillanceandthreatenedwithre-arrestbythe NISS agents.
    On 30 November 2015, the leaders of the National Consensus Forces (NCF), a coalition of 17 opposition political parties,organized a protest in Khartoum in response to the NISS arrestsofthestudentssuspectedof setting fire to the Holy Quran University administration building s. During the protest, the NCF leaders submitted a memorandum to the Ministry of Justice which highlighted their concernsaboutthesuppression of Darfuri students, especially at the Holy Quran University. One of the NCF delegates told Amnesty International how theywere prevented by the NISS agents from entering the Ministry:“Wedecidedtoreadthe memo to the media outside the Ministry’s offices, but the NISS agents grasped the memo, ripped it up and verbally abused us.”128 The NCF members managed to submit another copy of the memo to the Ministryof Justice.129 Thememodemanded:theimmediatereleaseofallarrestedanddetainedstudentsfromDarfur;the establishment of a committee of inquiry into human rights violations againstDarfuristudents;thatperpetrators are brought to justice;and that Darfuri students are allowed to enrol in the universitieswithoutfeespayment and are allowed to return to their accommodation.130
    5.3 STUDENTS ARBITRARILY ARRESTED AND BEATEN FOR MEETING WITH A UN OFFICIAL IN KHARTOUM
    AmnestyInternational spoke with Fadi,a student from the Sudan UniversityofScienceandTechnology,who described his experience ofarbitraryarrest and detention by the NISS agents.Fadi and three otherDarfuri students (one male and two female) had an appointment with the UN SpecialRapporteuronviolenceagainst women, Rashida Manjoo, on 16 May 2015 during her visit to Sudan. They arrived at the meetingvenue,the Corinthia Hotel in Khartoum, at around noon. They intended to raise their concerns a round humanrights
    128 Interview with Sedieg Yousif, member of NCF representing the Sudanese Communist Party, by telephone, 28 March 2016. 129 The Media Committee, the National Consensus Forces, 30 November 2015, http://www.alrakoba.net/news-action-show-idhttp://www.alrakoba.net/news-action-show-id- 217216.htm.
    130 Hurriyat online newspaper, The Text of the National Consensus Forces Memo, 1 December 2015, http://www.hurriyatsudan.com/؟p=http://www.hurriyatsudan.com/؟p= 192733.
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    violations experienced by Darfuri students. They also wanted to bring to her attention allegations thatthe National Students Welfare Fund (NSWF) and the University of Khartoum administration hadforciblyevicted Darfuri students from their “Al Zahra complex” dormitory.131
    FaditoldAmnestyInternationalthat,afew minutesaftertheyhadarrived,theNISS agentscametothe reception area ofthe hotel.The students could see the NISS agents and felt afraid.TheytoldtheUNSpecial Rapporteur’s assistant about their fears and asked to discontinue the meeting, after whichtheydecidedto leave the hotel.Two NISS agents followed the students out ofthe hotel,prompting themtoturnbackwhere theytoldthe UNSpecialRapporteur,who hadjustarrivedfrom anothermeeting,whathadhappened.Atthis point, 12 more NISS agents arrived at the hotel. Fadi told Amnesty International:
    “Theagentstold[theUNSpecialRapporteur]that shewasaforeignerandshehadnoright tointerfereinsecurity matters. They began to push us around. She showed them her UN ID. She was also nearly beaten. She called for prot ect ion f rom t he UN. The securit y want ed t o t ake t he girls [I was wit h] as well, but t he SpecialRapporteurrefused their request. They [female students] stayed with her. We were taken to the security office in Al Niel Street.They beat usinthecar,they insultedusandsaidthat wewererebelsupporters,that wehadcomehereto[their]“land” toinsult [them].Anotheronesaid‘thisisnot yourhome.’Anotheronetriedtounderstandwhat happened.Hetold methat they receivedreportsthat tworebelgroupmemberswereinsidethehotelwieldingknivesandthreatening people.”132
    FadifurthertoldAmnestyInternationaltheNISSagentsaccusedthe studentsofbeingspiesandreportingto foreigners about internal Sudanese issues.Theytook Fadi and his fellow male student to KhartoumNorth Police Station and accused them ofespionage against the country.Fadi said theywereputinseparatecells but interrogated together on four separate occasions about their political affiliation, ethnicity and the universities they attended. The interrogation lasted until 9.30 pm. They were threatened during the interrogation. Fadi said that one agent told them that: “the UN Rapporteur does not live in Sudan,aftershe leaves, you will have a hard time.” They were released without charge that night aftersomelawyers,whohad heardabouttheincident,intervened.
    AmnestyInternationalwrote to the UNSpecialRapporteurseeking furtherinformationabouttheincident.In an email dated 2 April 2016, Rashida Manjoo told Amnesty International: “Please notethatthefourstudents met with my assistant, at their request, to share information. Due to schedule clashes, Iwasnotinthehotel when the meeting commenced, but I was a witness to the attempted arrest of the students.”133 Inherreport, the UN Special Rapporteur noted that, due to “the fear of reprisals by women’s rights activists and organizations, this resulted in many organizations choosing not to meet with the Special Rapporteur.”134
    5.4 ILL-TREATMENT AND TORTURE IN DETENTION FOR STUDENTS AT THE UNIVERSITY OF EL FASHER
    On14April2015atElFasherUniversityinNorthDarfurState,hundredsofstudentstook tothestreetsafter attending a public forum organized by opposition political organizations in the universitywhichcalledforthe boycottofthepresidentialelectionsandforregimechange.135 ThepoliceandNISSagentsusedteargasand fired into the air to disperse the protesters who were largely peaceful. They arrestedatleast20studentsusing excessive force. Amnesty International spoke to four of the students arrested, all of whom reportedbeing beatenovertheirheadsandbodieswithrubberhosesandplasticpipes.
    The arrested students were subsequently charged with: calling for opposition to public authoritybyuseof violence orcriminalforce;disturbance ofpublic peace;rioting;obstructing a publicservantfromperforming
    131 On 27 September 2014, the NSWF issued a warning to female students, mostly from Darfur, resident at Al Zahra complex to evacuate the building. The NSWF warning stated that any student not studying at the University of Khartoum should leave the premises within one week. The NSWF claimed it carried out an assessment of the building with an engineering team which concluded there were structural defects to the building. The students staged protests against the NSWF’s decision. The Sudanese authority decided to evacuate the dorm on 5 October 2014, arrested about 17 students and evicted 70. Amnesty International does not have sufficient information to assess whether the evictions were forced.
    132 Interview with Fadi, via Skype, 11 October 2015.
    133 UNSpecialRapporteuronviolenceagainstwomen,RashidaManjoo,emailtoAmnestyInternational,2April2016.
    134 Report of the Special Rapporteur on violence against women, its causes and consequences on her mission to the Sudan, 18 April 2016, https://documents-dds-ny.un.org/doc/UNDOC/GEN/G16/079/16/PDF...7916.pdf؟OpenElement.
    135 Amnesty International, Sudan: State Sponsored Assault on Freedom of Expression around Elections, 23 April 2015, https://www.amnesty.org/en/press-releases/2015/04/sudan-stat...on-around-elections/.
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    thedutiesofhisoffice;andcriminaldamage.136 AlawyerworkingonthecasetoldAmnestyInternationalthat the students were detained at the NISS detention centre in Shala Prisonawaitingtrial.Humanrightsmonitors whosawthestudentssaidtheyshowedsignsofseverebeating andthattheirclotheswerestainedwithblood onthefirstdayofdetention.137 ThestudentsinterviewedbyAmnestyallreportedbeingseverelybeatenand subjected to verbal abuse during arrest as well as by prison officers while in detention – treatment which amountsto torture.
    Salim,one ofthe studentsarrested,told AmnestyInternational about his arrest and detention:
    “Iwas pushed inside the vehicle. All seven...[police officers] on board spat at my face...Iwas bleeding as a result of a head injury and my shirt was blood-soaked...I spent nine days at Shala Prison as well. At Shala Prison, they shavedmy head,tellingus‘youareToraBora[rebels];they areprovidingyouwithsupport toattackpeople.’Then w e w e r e s e n t t o c e l l s h o l d i n g 1 6 0 i n m a t e s . T h e f i r s t d a y , h o w e v e r , w e s p e n t t h e n i g h t i n d a r k a n d n a r r o w c e l l s t hat looked likebathrooms.”138
    Wasil, aged 27, was also arrested. He told Amnesty International about the circumstances of his arrest:
    “I was arrested on 14 April 2015, on the day of the demonstration that called for bringing down the regime. Iwas thenat theFaculty of EducationwhereIhadbreakfast andwent totheresourcefaculty.AsIfoundthesituationto b e q u i t e v o l a t i l e t h e r e , I d e c i d e d t o g o b a c k t o t h e d o r m i t o r y b u t t h e p o l i c e i n t e r c e p t e d m y w a y w i t h t h e i r v ehicle. They[thepolice]subjectedmetobrutalbeatingandverbalabuse.Somewerearmedandthecampussecurityalso took part in beating me all over my body with rubber hoses.” 139
    WasilwastakentoShala Prison.Hesaid:“Wefoundthe[prison]guardswaitingfor us.Theybeatususing whips and rubber hoses, kicked us all and forcefully shaved our heads.”
    Eisa, a 26 year old student, told Amnesty International:
    “Iwas arrested on campus on 14 April 2015, the day of the demonstration. Iwas arrested at 12 pm while trying to leavetheFaculty of Education...Policewerealready positionedoncampusnext totheEducationFaculty activity centre,whilethe[UNAMIDpeacekeeping]140 vehicleswereoutsidethecampus,lookingat uswithout takingany act ion. They [t he NISS agent s] beat me on t he head wit h rubber hoses and canes and kicked me as well.” 141
    Eisa was transferredto ShalaPrisoninEl Fashr.He describedthesituationinthe prison:
    “The next day they transferred us to Shala Prison where they received us with awful insults, poured water on us and kicked us. They were all police and military personnel. They soon sent us to our respective cells at [around] 1 pm or 2 pm...I was beat en on my ribs and I am st ill in pain as a result of t he beat ing wit h canes and kicking wit h boots.”142
    All the students were released ten days after their arrest, on bail pending trial. In August 2015,thetrialcourt stayed legal proceedings against the students as the complainant [the police]failedtoappearincourtseveral times.Sincethen,no new legalactionhas beentakenagainstthem.143
    136 Amnesty International, Sudan: State Sponsored Assault on Freedom of Expression around Elections, 23 April 2015, https://www.amnesty.org/en/press-releases/2015/04/sudan-stat...on-around-elections/.
    137 Sudan Development Organization-UK (SUDO-UK), Brutal Attack by the Riot Police and the NISS on Al-Fashir University Students, 14 and 15 April 2015, 17 April 2015.
    138 EmailcorrespondencewithSalim,ElFasher,5September2015.
    139 Email correspondence with Wasil, El Fasher, 5 September 2015.
    140 The government of North Darfur State has accused UNAMID of providing support to the students who staged anti -election protests at El Fasher University. The head of the UNAMID sector in North Darfur, Mohamed El Swaiffy, denied the allegation. Sudan Tribune, N. Darfur accuses UNAMID of attempting to support anti-election protests, 16 April 2015, http://www.sudantribune.com/spip.php؟article54645.
    141 Email correspondence with Eisa, El Fasher, 5 September 2015.
    142 Email correspondence with Eisa, El Fasher, 5 September 2015.
    143 Interview with a lawyer in El Fasher, by telephone, 11 and 14 November 2016.
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    5.5 ARRESTED AND TORTURED FOR ADVOCATING FOR STUDENTS’ HOUSING
    In 2014, Salma, a 27 year old student activist, was a member of the Darfur Girl Students at the Al Zahra Complex.144The Al Zahra complex houses mainlyfemale university students from all universities within Khartoum. At the time, she was campaigning for decent accommodation for femaleDarfuristudents.Salma had been arrested at least four times by the NISS since 2011 and releasedeachtimewithoutanycharges.On 5 October 2014, Salma was arrested at the Al Zahra Complex after protesting against evictions from the complexbytheNationalStudentsWelfareFundandtheUniversityofKhartoumadministration.145 Shewas severelybeatenbyNISS agentsinfrontofotherstudents.ShetoldAmnestyInternational:
    “They grabbedmeandstartedbeatingmewiththeirfists,slappedmeonmyface,beat mewiththeirsticksand water hoses. The security officers dragged me and pulled off my Toub [traditional Sudanese dress], whiletheywere dragging me. I was resisting them, my pyjama [underdress] was torn and I was almost naked, then the security officershandcuffedmeandthrewmeintoasmallblack car.”146
    SalmatoldAmnestyInternationalhow,inherfirsttwodaysattheNISS office,shewasverballyabused,slapped in the face, kicked and hit with the butt of a gun on her head during her arrest andinterrogation.Shewasalso beatenwithbatonsinotherpartsofherbodyandelectrocuted.147 Herhipwasdislocatedasaresultofthe beatings. She was taken for interrogation four times, blindfolded and shackled. The treatment Salma experiencedwhile indetention,also documentedbyHumanRightsWatch,148 amountsto torture.
    Salma also told AmnestyInternational about how she was drugged and thenrapedinsidetheNISS’sofficesin Khartoum North in early October 2014:
    “Ihavebeenaskedabout people,fromdifferent political parties. I answered all the questions with ‘I don’t know them.’Thentheyorderedmetodrinkajuiceonthetable. Irefusedtodrinkit.Thenoneof theofficersaskedabout my name. I said ‘Salma.’ He told me: ‘your name is not Salma’...then one of the officers grabbed me, another officer took the juice and poured it into my face. Idon’t know what it contained, Ijust woke up and Ifound myself laying on the bed naked. All the four security officerswere there looking at me,and then one of them showed mea video clip of them raping me. I can’t remember how long this incident lasted, but I saw the video and the four officerstookturnsandrapedme.NowIcanrecognizeall of themif Isaw theminthestreet.”149
    Salma was released in November 2014,afterspending onemonthindetention.Shedecidedto leaveSudan and seek asylum in another country in 2015.
    144 Al Zahra complex, formerly known as the “barracks,” is located on the banks of the Blue Nile and was used to house British soldiers during the colonial period. It was transformed into a students’ residence after independence in 1956.
    145 Amnesty International was unable to ascertain whether the evictions were forced.
    146 Interview with Salma, by telephone, 17 August 2015.
    147 Interview with Salma, by telephone, 28 March 2016.
    148 Human Right Watch, “Good Girls Don’t Protest:” Repression and Abuse of Women Human Rights Defenders, Activists, and Protesters in Sudan, 23 March 2016, https://www.hrw.org/sites/default/files/report_pdf/sudan0316web.pdf, pages 24-25.
    149 Interview with Salma, by telephone, 17 August 2015 and, 1 December 2015 .
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    Salma says she was electrocuted while in detention. Electrocution marks on her left hand. @Private
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    5.6 DETAINED AND TORTURED FOR HIS STUDENT ACTIVISM
    Ibrahim Salih Haroon,a 30yearoldformerstudent from the SudanUniversityofScienceandTechnology, was studying Accounting at the FacultyofCommerce Study.He was the President ofthe DarfurStudents’ Associationbetween2005and2006andthe GeneralSecretaryfrom 2006to 2007.Ibrahimwasarrestedby the NISS on five separate occasions while he was at the university(in 2003,2007,2008 and in Marchand September2014).Ibrahim SalihHaroon toldAmnestyInternationalthat,while he was indetention,security agents subjected him to racial abuse and severe beatings which amount to torture. He was keptinsolitary confinement for 10 days.
    Ibrahim Salih Haroon told AmnestyInternational how he was forced to provide a blood sample:“WhenIwas detained by the NISS, on the first day after myinterrogation, they took a blood sample from me bymedical staff working inside NISS premises. The blood result was clean. After ten days, I was asked by an NISS officer to give another blood sample, I refused. The NISS agents threatened and beat me. I was forced to give the bloodsample[withoutexplanationastowhytheywantedthebloodsample].”150 IbrahimSalihHaroonbelieves thatduringhisdetentioninMarch/April2014,NISSagentsdeliberatelyinfectedhimwithHepatitis Bvirus.
    After his release on 9 April 2014, he went for a medical check -up and the doctor told him he was infected withHepatitisBvirus.151 AfterhisreleasefromhisfiftharrestinOctober2014,hismovementwasmonitored and Ibrahim said he received threatening phone calls from NISS agents.Ibrahim decided to fleeandseek asylum in Egypt in February 2015. At the time of writing, Ibrahim was receiving medicaltreatmentinEgyptfor HepatitisB.152 IbrahimSalihHaroondescribedtoAmnestyInternationalhisexperienceduringhislastarrest anddetentioninSeptember2014:
    “From20Septemberto6October2014,IwasheldnearComboniSchoolindowntownKhartoum.Iwasarrestedon 20SeptemberduringameetingtocommemoratetheSeptember2013victims.153 WeweretakentotheNISSoffice at 57 Street, Al Amarat in Khartoum. NISS agents racially abused me [and two others] because of my tribalidentity [being from Darfur]. We were beaten. They told me that today they will teach me a lesson: ‘you embassies’ spy’. After midnight, Iwas taken away from other detainees. They ordered me to take my clothes off, Irefused. Four securityagentsstartedtokickme,theyelectrocutedandsprayedcoldwateronme.Theytookturnstorturingme untilthemorning.Ispent threedaysat NISSofficein57Street.ThenIwastransferredtosolitary confinementat the NISS office in Khartoum North. They threatened me that they would kill me if Idid not change my opiniononthe regime.”154
    Ibrahim Salih Haroon also told AmnestyInternational that he had been unabletogethisgraduationcertificate from the Sudan UniversityofScience and Technology since 2008,despite fullypaying his tuition feesand successfully finalising his course.
    AmnestyInternationalwrote to the SudanUniversityofScience andTechnologyinAprilandfollowedupin May 2016, seeking further information on Ibrahim’s claims. But, by the time of publication, Amnesty Internationalhadnotreceivedanyresponse.
    150 Interview with Ibrahim Salih Haroon, by telephone, 13 September 2016. 151 Copy of medical report on file with Amnesty International.
    152 Interview with Ibrahim Salih Haroon, by telephone, 17 April 2015. 153
    Amnesty International, Excessive and Deadly: The use of force, arbitrary detention and torture against protestors in Sudan (AFR 54/020/2014).
    154 InterviewwithIbrahimSalihHaroon,bytelephone,17April2015.
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    Following the government's cut in fuel subsidies, protests erupted on 23 September 2013 across the country. The security forces
    killed at least 200 people. The demonstrations were the biggest since 1989 coup.
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    ALIOMARMOUSAHASSABA-ALLAHANDABDULMONEMABDUMAWLAISSAABDUMAWLA:HELD INCOMMUNICADO AND TORTURED BYTHE NISS
    Ali Omar Mousa Hassaba-Allah,isa23year-oldstudentfromtheFurtribe,enrolledattheOmdurman Islamic University, Faculty of Education, Department of Biology and Chemistry. His familylivesinOttash IDP camp near Nyala, South Darfur. On 9 December 2013, Ali was attacked by a group of students
    affiliated to the ruling party after attending a seminar organized by Darfuri students atAlZaiemAlAzhari University in Khartoum North.
    Around 3 pm on 9 December 2013, while Ali and another 50 Darfuri students were leavingtheuniversity after the seminar, a group of students shouting “God is great” suddenly attacked them near the
    hospital. However, a few months later, Ali’s health deteriorated and somefamilymembersandIDP camp residents took him to Nyala Hospital.The doctors referred him to Khartoum,buthewasunabletopayfor the transfer and remained in the camp for a few weeks until his family was able totakehimtoKhartoum for further treatment.156
    In Khartoum, a doctor concluded that Ali’s burns to his upper body were at “40 %...deep dermaltofull thickness burn.”157 Ali was bedridden, needing surgery to restore the damaged tissueandnerves.158 Ali has undergone six surgeries over the past two years for his condition.
    Ali was also arrested on 18 December 2015 and was questioned repeatedlyaboutthesourceofthe money used to cover the costs ofhis medical treatment. According to the ACJPS,NISS officers arrestedAliin KhartouminDecember2015.Hewasstayingwithrelativesatthetimeofhisarrest.159 DespiteAli's medical condition,he did not receive the required medical care while in detention.Hewassubjectedto ill-treatment, including verbal and psychological abuse by NISS agents while incustodyforsixmonthsat the NISS detention centre nearbyto Shendi Bus Station in Khartoum North.However,he wasreleased without charge on 28 May 2016. Amnesty International was informed that Ali is still in need ofanother
    UniversityofKhartoum,was also arrestedbythe NISS on18December2015. Abdulmonem provided support to Ali while he was undergoing medical treatment in Khartoum.
    He was transferred on 5 August 2016 to Al Huda Prison in Omdurman where he was chargedwithfour offences under the 1991 Criminal Law’s Article 21 on “joint criminal act,”Article 53 on “espionage,” which carries the death penalty,Article 64 on ”agitating hatred between sects”and Article 66on“the spreading of false information.”
    Ahuman right defender spoke to some people released from NISS detentioninApril2016.Theysaidthey had seen Abdulmonem in the NISS detention centre in Bahri near the Shandi bus station andthathis bodyshowedclearsignsofbeatings.161 Histrialwithotherthreedefendantswasstillongoingatthetime ofwritingofthisreport.162 Accordingtoadefenselawyer,thearrest,detentionandtrialofthesefourmen,
    University’s gate. They threw Molotov cocktails (petrol bombs) at the Darfuri students. Ali was hitbya Molotov cocktail and his face, neck, chest and hands were severely burned.HewastakentoOmdurman teaching hospital and received medical attention.155 Human rights monitors familiarwiththecasealso
    reported that Ali suffered from paralysis in some of his limbs. After the incident, he went to his familyin Ottash IDP Camp to receive local (herbal) treatment as he could not afford to pay for medicalcareina
    two surgeries to fully recover and return to his studies, which he hadsuspendedsinceDecember2013.160 Ali’sbestfriend,Abdulmonem AbdumawlaIssaAbdumawla,agraduateoftheEngineeringFacultyatthe
    in addition to support of Ali, is hinged on suspicion that they are trying to encourage Muslimstoconvert to Christianity and are publicly speaking out against the ill-treatment of Christians in Sudan.163
    155 Interview with Nadir, by telephone, 12 November 2016.
    156Email correspondence from a Sudanese human rights defender, 10 March 2016.
    157 Copy of the medical Report dated on 28 May 2014 from Dr Osama Murtada Ahmed, Consultant, Plastic and Reconstructive Surgery, Khartoum seen by Amnesty International.
    158 Email correspondence from a Sudanese human rights defender, 10 March 2016.
    159 ACJPS,ImmediatesafetyconcernfortwoDarfurisdetainedincommunicadoforsevenweeksinKhartoum,10February2016, http://www.acjps.org/immediate-safety-concern-for-two-darfur...n-weeks-in-khartoum/.
    160 Interview with Nadir, by telephone, 12 November 2016.
    161 Email correspondence from a Sudanese human rights defender, 27 April 2016.
    162 AmnestyInternational,Fourprisonersofconscienceontrial,17November2016(AFR54/5146/2016);emailcorrespondencefroma Sudanese human rights defender, 5 August 2016; and Human Rights and Development Organization (HUDO), updates on trial of pastors and activist, http://hudocentre.org/h-r-monitoring/appeals/.
    163 Interview with Mohaned Mustafa, defense lawyer for Hassan A Kodi, Kuwa Shamal A Zumam, Petr Jezek and Abdulmonem Abdumawla, by telephone, 16 November 2016.
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    6. FAILURE TO INVESTIGATE UNLAWFUL KILLINGS
    Since the beginning of the conflict in Darfur in 2003, Amnesty International has documentedthekillingofat least 13 students from Darfur in various universities across Sudan,bypoliceofficers,NISSagentsand/orruling partyaffiliatedstudents.164 Thesedeathsincludecasesofdeathincustody,extra-judicialexecutions,killings as result of the use of excessive or lethal force and other killings.165 Despite repeated calls by nationaland international human rights organizations,the Government ofSudan has failed to investigatemostofthese cases and bring perpetrators to justice.166 Amnesty International sought further informationonthesecases, including whether the Ministry of Justice had carried out investigations through its letters to theMinistryof Justice in June 2016 but did not receive any response. This report highlights some examplesforpurposesof emphasizing failure to investigate.
    RIGHTTOLIFE
    The Report of the UN Special Rapporteur on extrajudicial, summary or arbitraryexecutionsin2014noted: “The right to life is often described as a fundamental human right;a right without which allotherrights would be devoid of meaning.” The right is recognized in a variety of widely ratified global and regional treaties and other instruments. Article 6(1) of the ICCPR provides that “every human being has the
    inherent right to life [which] right shall be protected by law. No one shall be arbitrarily deprived of his life.”167
    The Special Rapporteur has also stated that: “The right to life is the precondition forthefullrealizationof human dignity and the effective exercise of all human rights...The protection of the right to life is not merely a matter of domestic concern; the equal protection of all lives iscentraltotheinternationalhuman rights system.”168
    According to the UN Human Rights Committee’s General Comment No.36 (2015):“Statepartieshave thedutytorespecttherighttolifeandrefrainfromengaginginconduct resultingindeprivationoflives. When taking lawful measures that may nonetheless result in deprivation of life, such as police raids
    targeting violent criminals or military operations during armed conflicts,stateauthoritiesmustadequately plan their actions and introduce appropriate safeguards in order to minimizetheriskposedtohumanlife. They must also take all suitable measures, which can reasonably be expected fromthem,toprotectthe right to life of individuals against deprivations caused by persons or entities not acting on behalfofthe State.”169
    Article 4 of the African Charter on Human and Peoples’ Rights guarantees the right to life andprovides that: “Human beings are inviolable. Every human being shall be entitled to respect for his l ife andthe
    integrity of his person. No one may be arbitrarily deprived of this right.”170
    The right to life is reaffirmed by the 2005 Interim National Constitution of Sudan under Article28ofthe Bill ofRights which stipulates that:“Everyhuman being has the inherent right to life,dignityand the
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    integrity of his/her person, which shall be protected by law; no one shall arbitrarily be deprivedofhis/her life.”
    Sudan has an obligation to ensure there is an appropriate accountabilityframeworktoensure theprompt, independent and effective investigation and prosecution of all incidents of unlawful killings,including those by security services. Under international law, law enforcement officials must carryouttheirduties with full respect for the right to life. In Sudan, the security forces and police must comply with human
    rights safeguards as set out in the UN Code of Conduct for Law Enforceme nt Officials(1979)andtheUN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials(1990).Accordingto the
    UN Basic Principle 4, “law enforcement officials, in carrying out their duty, shall, as faraspossible,apply non-violent means before resorting to the use of force and firearms. They mayuseforceandfirearmsonly
    if other means remain ineffective or without any promise of achieving the intended result.”171
    Salah al Din Qamar Ibrahim, a 4th year economic student at the University of El Geneina, died on 2 February 2016 as a result of injuries sustained during a violent disruption, by the NISS and ruling party affiliated students, of a public seminar organized by the UPF at the university on 31 January 2016 (as discussed in chapter 5). Abdel, who saw what happened to Salah al Din Qamar Ibrahim, told Amnesty International:
    “Salah was attacked by the NISS agents near theuniversitymaingate. He was hit in the head with an iron bar and rifle buttandfelldown.The NISS agents continued beating him while he was on the ground.”172
    A human rights defender who also witnessed the incident told Amnesty International that:“Salah was attacked bya group ofplainclothesagents from the NISS around 12 pm in the university. After beating him,they
    threw Salahonthe back ofa Toyota PickupTruck.Thenafterone hour,the NISS agents dumpedhisbody nearthefamily’shome.”173 Thefamilytookhimtothehospital,wherehediedtwodayslaterwithoutever regaining consciousness.174 According to human rights defenders in El Geneinawhomonitoredthecase,the policeclosedtheinvestigation,sayingthe cause orcircumstancesofSalah’sdeathwereunknown.Amnesty International was informed by a human right monitor that the family were not taking further action tobring Salah’skillers to justice.175
    164 The names of Darfuri students killed since 2003. Mohamed Moussa Abdallah Bahr El Din, University of Khartoum, 10 February 2010; Abdalla Mohamdein Edris, 29, University of Zalingei, 1 December 2010; Abdel Haliem al Radi, University of Zalingei, 1 December 2010; Jamal Adam Mustafa, University of El Fasher, 16 March 2011; Hafiz Hussien Ibrahim Angabo, in his mid-twenties, University of Daleng, 18 June 2011; Ikhlas Yousif Adam, aged 24, University of Zalingei, 25 October 2011; Abdel Hakiem Abdalla Musa, 24, Omdurman Islamic University, 4 April 2012; Mohamed Younis Niel Hamid, Faculty of Agriculture, University of Al Jazeera, 6 December 2012; Adil Mohamed Ahmed, Faculty of Agriculture, University of Al Jazeera, 6 December 2012; Alsadig Yagoub Abdalla, Faculty of Agriculture, University of Al Jazeera, 6 December 2012; Mohamed Suleiman Ibrahim, 20, University of Nyala, 26 February 2014; Ali Abaker Mussa Idris, University of Khartoum, 11 March 2014; and Salah al Din Qamar Ibrahim, University of El Geneina, 2 February 2016.
    165 Amnesty International has also previously documented unlawful killings of Darfuri students. See Excessive and Deadly: The use of force, arbitrary detention and torture against protestors in Sudan (AFR 54/020/2014).
    166 ACJPS, West Darfur: One student dead after heavy beatings and serious concern for safety of another student detained incommunicado at security offices, 8 February 2016, http://www.acjps.org/west-darfur-one-student-dead-after-heavy-beatings-and- serious-concern-for-safety-of-another-student-detained-incommunicado-at-security-offices/; Open letter from 39 NGOs and individuals concerning excessive use of force by Sudanese authorities, 3 May 2016, https://www.hrw.org/news/2016/05/03/open-letter-39-ngos- and-individuals-concerning-excessive-use-force-sudanese.
    167 Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, UN DOC. A/HRC/26/36, 1 Ap ril 2014, paragraph 42.
    168 Special Rapporteur on extrajudicial, summary or arbitrary executions, Report to the General Assembly, 9 August 2012, A/67/275 , paragraphs 11-12.
    169 HumanRightsCommittee,DraftGeneralCommentNumber36-Article6:Righttolife,CCPR/C/GC/R.36,2September2015. paragraph11.
    170 AfricanCharteronHumanandPeoples'Rights,http://www.achpr.org/instruments/achpr/#a4.
    171 UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, 1990, http://www.ohchr.org/EN/ProfessionalInterest/Pages/UseOfForceAndFirearms.aspx.
    172 Interview with Abdel, via Skype, El Geneina, 10 February 2016.
    173 Interview with a human rights defender, via telephone, El Geneina, 9 November 2016. 174 Interview with Abdel, via Skype, El Geneina, 10 February 2016.
    175 Emailcorrespondence,12March2016and9November2016.
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    SinceJanuary2016,twostudentshavebeenkilled,inadditionto SalahalDinQamarIbrahim,whose case is detailed above. One is Abuba k ar Hassan Mohamed Taha,an18year-oldstudentattheUniversity ofKordofaninElObeid,whodiedofagunshotwoundtothehead inApril2016.Hewasamongsta group of students who were marching peacefully towards the office of theStudents’ Uniontosubmittheir list of pro-opposition candidates for Student Union elections due to be heldthatday,whenNISSagents intercepted them and started shooting in an attempt to prevent them from takingpartintheelections.176
    On 20 April 2016,AmnestyInternational called on the Sudanese government to promptlyconductan independent, impartial and effective investigation into the cause ofdeathofAbubakarHassanMohamed Tahaandbringtheperpetratorstojustice.177 On27April2016,MohamadAlSadiqYoyo,a20year-old
    at the Omdurman Al Ahlia Universityin Khartoum State,was shot deadbysuspectedNISSagents.178 The incidenttookplaceafterapublicforum organizedbytheNubaMountainsStudents’Associationwas
    attackedbystudentsaffiliatedtotherulingpartyandtheNISS.179 Accordingtotheautopsyreportseen by Amnesty International, Mohamad was shot in the left side of his chest adjacent to his heart.180 According to information available to Amnesty International, as of December2016,nostepshadyetbeen
    taken to initiate an investigation into his death and prosecute those responsible.
    The death of these students sparked country-wide student protests.181The Assistant tothe President,Ibrahim Mahmoud Hamid, in a statement on 28 April 2016, blamed opposition parties and armed groups for the violence at the universities and the deaths of Mohamad Al Sadiq Yoyo andAbubakarHassanMohamedTaha. He said that: “the armed movements and some opposition parties attempt to create instability in the universities and encourage armed viole nce among students.” He further added that: “the defeatof[rebel] movements that reject peace at the hands of the armed forces, compel them tounderminethestabilityofthe university.”182
    TheNationalCommitteeforSolidaritywiththeFamiliesofMartyrs andWounded,aSudaneseorganization, issued a statement on 28 April 2016 claiming that 23 students had been unlawfully killedsince1989.Darfuri studentscomprised56%ofthestudentskilled.183 Initsstatement,theNationalCommitteeclaimedthedeaths resulted from gunshot wounds,knife wounds [stabbings],deaths in NISS custodyorinjuriessustainedwhile in detention.Some cases highlighted bythe National Committee have also been documentedbyAmnesty International in 1990, the Report of the UN Special Rapporteur of Sudan in 1995, andHumanRightsWatch in 1996.184
    176 Interview with a human Right defender, El Obeid, via Skype, 19 April 2016.
    177 Amnesty International, Sudan: Government must investigate brutal killing of 18-year-old university student by intelligence agents, 20 April 2016, https://www.amnesty.org.nz/sudan-government-must-investigate...d-university-student- intelligence-agents.
    178 Interview with a human rights defender, Khartoum, 28 April 2016.
    179 SUDO-UK, Human rights abuses in Sudan over the month of April 2016, 17 June 2016, http://www.sudouk.org/updates/posts/human-rights-abuses-in-s...month-of-april-2016/.
    180 Amnesty International, Six protestors detained without charge (AFR 54/3926/2016); interview with a human right defender, Khartoum, on 28 April 2016.
    181 Sudan Tribune, University student killed by government supporters in Khartoum, 27 April 2016, http://sudantribune.com/spip.php؟article58786.
    182 Ashorooq Network, The government accuses the movements of trying to transfer violence to the Universities, 28 April 2016, http://tinyurl.com/hv3l5k2http://tinyurl.com/hv3l5k2.
    183 Email correspondence with a Sudanese human right defender, 1 May 2016.
    184 AmnestyInternational,Appealsonbehalfofimprisonedacademics,November1990(54/11/90);ReportoftheSpecialRapporteur of Sudan, Situation of human rights in Sudan, October 1995, http://www.un.org/documents/ga/docs/50/plenary/a50-569.htm; Human Rights Watch, Behind the Red Line: Political Repression in Sudan, May 1996.
    185 Amnesty International, Excessive and Deadly: The use of force, arbitrary detention and torture against protestors in Sudan (AFR 54/020/2014).
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    Amnesty International has also previously documented unlawful killing of Ali Abaker Mussa Idris, an economics student at the University of Khartoum,
    originally from South Darfur, in September 2014. He died from gunshot wounds sustained when the security services opened fire during a demonstration at the university on 11 March 2014. The demonstration took place immediately after the conclusion of a public forum organized by the Darfur Students’ Association concerning escalating violence in SouthDarfur. The students marched towards the university gate. The police and the NISS came and used tear gas and live ammunition to disperse the protesters, resulting in Ali’s death.185 Amnesty International is unaware of investigations in relation to his death.
    Ali Abaker Mussa Idris. @Private
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    In 2012 and 2014,Amnesty International and ACJPS have previously documented the unlawful killingsof four Darfuri students at the UniversityofAl Jazeera.
    The DarfurStudents’Associationorganizeda sit-in,protesting the refusalbythe UniversityofAlJazeera
    inAlJazeeraState, toregisterDarfuristudentsuntiltheyhadpaidfeearrears.On6 December2012, ruling party affiliated students armed with metal bars violently disrupted the sit -in, causing fightingto
    ensue between students at the sit-in and ruling partyaffiliated students.TheNISSandpolicethenentered the university’s campus to stop the fighting and disperse the students.Theyfired teargasandbeatthe studentswithbatons.186 Thatsameday,twobodies,identifiedasDarfuristudentsAdilMohamedAhmed
    andMohamedYounis,werefoundinthe canalneartheAlJazeera Universitybuildings.
    The corpses of two other students, Alsadig Yagoub Abdallah and Nouman Ahmed Koreishi,werefound
    in the same canal the following day, on 7 December 2012
    .187
    Inrelationtothedeathofthese fourstudents,on1June2016,theGeneralCounseloftheMinistryofJustice, Mohammed Ahmed Ali,announced during a press conference in Khartoum,thatinvestigationsintothe2012 killings at the University of Al Jazeera, found police officers were involved in the killing o fthesestudentsand their immunity had been lifted so that they could stand trial. The General Counsel added , however,thatthe families had chosen not to pursue prosecution and instead accepted bloodmoneyandtherefore,thecasefile was closed.188
    A member of the Darfur Students’ Association at the University of Al Jazeera spoke withthefamiliesafterthe General Counsel’s announcement. He told Amnesty International: “The familieshadnoinformationaboutthe investigation process.The families were pressured bythe NISS to accept the bloodmoneyofabout100,000 Sudanese pounds (USD16,400).The investigation’s findings were not publiclyreleased.Accordingtothe officialmedicalreport,thecauseofdeathwasdrowning.”189 AmnestyInternationalcouldnotindependently verifythe alleged pressure on the victims’ families,but confirmed that no prosecutionshavecommencedof any police officer suspected of these killings.
    The provision of blood money in lieu of prosecution, four years after the unlawful killing, is inconsistentwith Sudan’s obligations as a partyto the ICCPR,to ensure appropriate proceduresandmeasuresthatprovidefair, effective and prompt access to justice and adequate, effective and promptreparationfortheharmsuffered.190
    Hafiz Hussien Ibrahim Angabo,wasastudentattheUniversityofDalen,originallyfromKass,atowninSouth Darfur State. According to the Darfur Bar Association, Hafiz was abducted from the street in the Districtof Mayo in Khartoum near his home on the morning of 17 June 2011. His body was foundthefollowingmorning onaroadnearhishome.Hafizwasa 4thyearstudentattheUniversityofDalanj,CollegeofEducation,in South Kordofan. On 16 June 2011,the day before his abduction, he had participated in a public event organized by the UPF at the University of Khartoum on the situation in Darfur. According to the DarfurBar Association, Hafiz was buried the same day he was found.191 His family reportedly requested all those attending the funeral to let the matter rest and not take any legal action.192 As of November 2016, no investigation has been conducted into his death. However, the family received blood money in 2011.193
    186 ACJPS, Call for an immediate and independent investigation into student deaths and excessive use of force by Sudanese authorities, 10 December 2012, http://tinyurl.com/h49tg3vhttp://tinyurl.com/h49tg3v; Amnesty International, Excessive and Deadly: The use of force, arbitrary detention and torture against protestors in Sudan (AFR 54/020/2014).
    187 Amnesty International, Excessive and Deadly: The use of force, arbitrary detention and torture against protestors in Sudan (AFR 54/020/2014).
    188 Altaghyeeronlinenewspaper(Arabic),MinistryofJustice:InvestigationprovedthepoliceinvolvementinkillingoftheUniversityof Al Jazeera students, 2 June 2016, http://tinyurl.com/zwwujxghttp://tinyurl.com/zwwujxg
    189 Interview with a member of the Darfur Students’ Association member from the University of Al Jazeera, by telephone, 27 June 2016.
    190 UN General Assembly: Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, http://www.ohchr.org/EN/ProfessionalInterest/Pages/RemedyAndReparation.aspx.
    191 Email correspondence with a lawyer from the Darfur Bar Association, 11 November 2016.
    192 Sudan Nile, Darfur Bar Association: On the murder of the student Hafiz Hussein Ibrahim Angabo , 18 June 2011, http://sudanile.com/index.php؟option=com_contentandview=articl...Candcatid=37andItemid=63.
    193 A lawyer from the Darfur Bar Association told Amnesty International “In the case of Hafiz Hussein Ibrahim Angabo we issued a report of this incident published in Ajrass Al Huria newspaper [shutdown in July 2011]. The Director General of Police in a press conference requested that we should apologize or face criminal proceedings. He reported the newspaper and us to the police, b ut the father of the deceased entered into a settlement with the police and received blood money and left us and the journalist to face a series of criminal charges, including lying, defamation and breach of public peace. Now five years has passed these criminal charges neither dropped or to court.”
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    Amnesty International has also previously documented unlawful killing of Mohamed Moussa Abdallah Bahr El Din, originally from North Darfur State,
    studied at the University of Khartoum’s Department of Education. According to witness accounts, he was seized by NISS agents in front of the universityon10 February 2010. The following day, 11 February 2010, his body was found in a street of Khartoum bearing marks of torture, including large bruises, cuts on different parts of his body and burns on the palms of his hands and soles ofhis feet. Although the NISS tried to deliver his body for burial without an autopsy, the family insisted on a post-mortem.194 According to the informationavailable to Amnesty International as of November 2016, no steps have yet been taken to investigate his death and prosecute those responsible.195
    Mohamed Moussa Abdallah Bahr El Din. @Private
    Amnesty International has been unable to obtain any information, apart fromthe recentpressannouncement by the General Counsel196 that indicates the Sudanese authorities have investigated these killings or commenced prosecutions for the same. This failure to ensure prompt,independentandeffectiveinvestigations and,where there is sufficient evidence ofcriminal responsibility,prosecutions ofperpetrators,violatesits obligation to ensure respect for the right to life and provide effective remedies to victims and theirfamilies. This also undermines access to justice and contributes to a culture of impunitywithinthesecurityservices.197
    The cases above, in which students from Darfur were either killed in unclearcircumstancesorduringprotests, demonstrate the Sudanese government’s failure to address allegations ofunlawful use offorce against protesting students from Darfur and allegations that state agents and supportersaretargetingstudentsfrom Darfur.This failure is not a one-offoccurrence - it is systematic.In some ofthesecases,Amnestyinternational has written to the Government ofSudan,requesting information on the status ofinvestigations,butAmnesty International has consistently received no response.
    Amnesty International is also concerned that the provision of blood money in lieu ofprosecutionsforunlawful killings,including extrajudicial executions and murder,is inconsistent with Sudan’s obligationstoensure adequate,effective,prompt and appropriate remedies,including reparations,aswellaswiththeobligationto ensure fair, effective and prompt access to justice. The payment of blood money should not prevent investigations into all allegations of human rights violations and abuses and, where there is reasonable suspicion of criminal responsibility, the prosecution and punishment of those responsible.
    194 Amnesty International, Sudan: Agents of fear the National Security service in Sudan, July 2010 (AFR 54/010/2010).
    195 Interview with a lawyer working on the case from the Darfur Bar Association, by telephone, 11 November 2016.
    196 AshorooqNetwork,ThegovernmentaccusesthemovementsoftryingtotransferviolencetotheUniversities,28April2016, http://tinyurl.com/hv3l5k2http://tinyurl.com/hv3l5k2.
    197 The requirement to provide an “effective remedy” is found in many human rights conventions, including the ICCPR. For example, under Article 2(2), a State Party undertakes to: “adopt such legislative or other measures as may be necessary to give effect to the rights recognized in the present Covenant” and Article 2(3)(a) further provides that states parties must ensure that people whose rights are violated have an “effective remedy.” Complaints should be determined by “competent judicial, administrative or legislative authorities,” http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx.
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    7. ACCOUNTABILITY AND JUSTICE
    Sudan has an obligation to respect,protect and fulfil the commitments in the human rights treatiesithas ratified.Sudan has a positive obligation to ensure the legal framework enablestherealisationofhumanrights. This means that Sudan should not institute legislation which undermines,hindersornegatestherealisationof these rights. The continued existence, for example, of legislation which confers broaddiscretionarypowersto state agents, while guaranteeing impunity for violations, is inconsistentwithSudan’s regionalandinternational obligations.In addition,Sudan has an obligation to protect human rights byensuringthatcorrectiveactionis taken when human rights are abused by either state agents or by non-state actors. It has an obligationto ensure prompt and credible investigations and that perpetrators are broughttoaccountthroughappropriate judicial processes. It also has an obligation to ensure that everyone under its juris diction is affordedequal protection under the law.
    Despite numerous reports on and evidence of arbitrary arrests, excessive and unlawfuluseofforce,unlawful killings, torture and other ill-treatment by security forces or police, theSudanese governmentdoesnotappear to have:conducted prompt,independent and effective investigations intothereports;broughtchargestobear against those reasonably suspected of criminal responsibility; or prosecutedthemincriminaltrials.Italsodoes not appear to have taken any positive action to prevent further human rights violationssuchasreformstothe national security agency, the police and policing practice.
    Instead, the legal framework governing the security services guarantees impunityforhumanrightsviolations, thereby institutionalising policing practices detrimental to humanrights.Sudaneselawsthatgovernthearmed forces,the police and the NISS all contain provisions conferring immunityon perpetrators ofhumanrights violations.198 The National Security Act 2010,199 the Police Act, and the Armed Forces Act all include immunities for acts committed “in good faith” and “in the course of duty.” Immunities canonlybewaivedby the relevant governingbodies ofthe MinistryofInterior,Defenceorthe Directorofthe NISS.200
    The Government ofSudan “has repeatedlystated the immunities are ‘proceduralratherthansubstantive’and thatthepracticeistowaiveaperson’simmunitywheneverthereis primafacieevidencetojustifythelayingof charges against the person.”201 Sudan’s Constitutional Court has also held thatimmunitiesprovidedforNISS personnelarenotinconflictwiththeConstitution.202 However,theMinisterofJustice,AwadElhassanElnour
    198 REDRESS: Human Rights Concerns and Barriers to Justice in Sudan: national, regional and international perspectives, a compilation of Sudan Law Reform Advocacy Briefings, February 2014, http://www.redress.org/downloads/country- reports/140228HumanRightsConcernFINAL.pdf.
    199 Article52,NationalSecurityAct,2010,http://tinyurl.com/jb6xunqhttp://tinyurl.com/jb6xunq.
    200Article 52(1) states any act committed by the NISS while pursuing their duties with “good intentions” should not be considered a crime. The Police Act, 2008 also includes immunities. Article 45(1) states actions of a police officer do not constitute crimes if they take place while he is performing his duties or as a result of official orders. Article 45(2) further prevents initiation of criminal proceedings against a member of the police, if the Police Legal Affairs Unit decides the crime was committed in the course of official duties, he should not be tried, save for special permission being issued by the Minister of Interior or his delegate.
    201 Seeabove,page24.Alsosee,Sudan’sresponsetoUNHumanRightcommitteeonICCPR,RepliesoftheSudantothelistofissues,12 May 2014, http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Down...%2f4%2fAdd.1andLang=en, paragraph.3, page 2.
    202 Dr Farouk Mohamed Ibrahim, Associate Professor, Faculty of Science, University of Khartoum in 1986. He was detained on 30 November 1989 and tortured. Ibrahim lodged a complaint on 29 January 1990 addressed to the President and other c oncerned government officials. He requested to be released and asked the authorities to fully investigate to hold perpetrators accountable for crimes committed against him. No investigation was opened. He was released on 23 February 1990. The Constitutio nal Court of
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    Khalifa, on 29 June 2015, acknowledged the immunities granted for members of the regularforces[armed forces,policeandtheNISS]“represent[an]impedimenttojustice.”203 Despitethisacknowledgement,neither the Minister, nor other relevant ministries, have taken any action to remedy the problem,andsecurityagents continue to perpetrate human rights violations with impunity.
    The provisions providing immunity make it impossible for members of the public to enforce theirrighttoan effective remedy for human rights violations perpetrated by the security forces. They are unable topursue criminal and civil procedures against any member of the securityforces. The National Security Act ,in particular,has created a culture ofimpunityin which NISS agents cancommithumanrightsviolationswithout any judicial oversight or accountability. The constitutional amendments passed by Parliamenton5January 2015 that accorded sweeping powers to the NISS have exacerbated the situation.204
    Sudan has an obligation under regional and international law to “prevent,investigateandpunishactswhich impair any of the rights recognized under international human rights law.Moreover,ifpossible,itmustattempt to restore the right violated and provide appropriate compensation for resultingdamage.”205 Legalprovisions that create immunities for state actors, whether substantive or procedural, have the effect ofimpedingthe state in implementing its legal obligation to promptly investigate andprosecutethosereasonablysuspectedof criminal responsibility for human rights violations. At a practical level, purportedly procedural bars to investigations are de facto substantive bars to prosecution in which theseimmunitiesareneverwaived.Sudan has used immunities under domestic law to prevent investigations and prosecutions ofthosesuspectedof human rights violations – this is itself a violation of regional and international law.
    Many regional and international bodies have observed the impact of guaranteeingimpunityonSudan’sability torespect,protectandfulfilitsinternationalhumanrightsobligations.The ACHPR,forexample,hasnoted thatSudan’slegalsystemdoesnotprovideeffectiveremediesforvictimsofhumanrightsviolations.206 The UN Human Rights Committee has also observed that,in cases ofrefusal to lift immunities,no“transparent andeffectiveremediesareavailabletochallengeinactionorrefusal”.207 REDRESShasobservedthese immunities are incompatible with the Bill of Rights and the international standards thatformanintegralpart ofSudan’s2005InterimNationalConstitution.208 Theseimmunitieshinderequalandeffectiveaccessto justice and reparation for harm suffered which violates the victims’ rights to remedyunderSudan’snational, regional and international obligations.
    In the few instances where public inquiries into human rights violations were undertaken,theinvestigations were insufficient and no state security agents were held accountable.209
    VictimsofhumanrightsviolationsinSudanrarelylodgecomplaintsagainstpoliceorsecurityofficers.210 Two lawyers separately told Amnesty International that the main reason for this is that victimsfearretaliationfrom security agents and do not trust the legal system to protect them . They are also put off by the complex
    211 proceduresforreportingpoliceorNISSofficersandtheirguaranteedimmunities. AstudentfromDarfurtold
    AmnestyInternational:
    Sudan dismissed Dr Farouk Mohamed Ibrahim’s case in 2008, based on the Criminal Procedure Act, 1991, statute of limitations and immunity. On behalf of Dr Ibrahim, REDRESS lodged a complaint with the ACHPR in 2010. REDRESS on behalf of Dr. Farouk Mohamed Ibrahim v. Sudan, http://www.redress.org/case-docket/redress-on-behalf-of-dr-f...amed-ibrahim-v-sudan.
    203 The Minister of Justice’ statement to parliament acknowledged immunities represent an obstacle to justice, reported by Radio Dabanga, 1 July 2015, http://tinyurl.com/z4xsjqkhttp://tinyurl.com/z4xsjqk.
    204 AmnestyInternational,SudaneseNationalIntelligenceServiceempoweredtoviolatehumanrights, http://www.amnesty.org/en/articles/blogs/2015/03/sudanese-na...iolate-human-rights/.
    205 ACHPR245/02:ZimbabweHumanRightsNGOForumvZimbabwe.
    206 ACHPR, Monim Elgak, Osman Hummeida and Amir Suliman (represented by OMCT and FIDH) v. Sudan, Communication 379/09, Admissibility Decision, August 2012.
    207 ConcludingobservationsoftheUNHumanRightsCommittee:Sudan,UNDoc.CCPR/C/SDN/CO/3/CRP.1,26July2007,paragraph 9.
    208 REDRESS, Police Forces Act Falls Short Of The Bill Of Rights, 8 June 2008, http://www.redress.org/downloads/country-reports/08- 06-13%20P%20R_Police_Act_English%20Press%20Release%20-%2017%20June.pdf .
    209 Forinstance,aftertheSeptember/October2013protestsinwhichsecurityofficersrespondedwithforcekillingover200protestors, three committees were set up by the State Governor for Khartoum and Minister for Justice to investigate and establish liability for deaths and injuries sustained by protestors. Their findings have still not been made public and no officer is known to have been held accountable; Amnesty International, Excessive and Deadly: The use of force, arbitrary detention and torture against protesters in Sudan (AFR54/020/2014).
    210 During its 2014 ICCPR review, Sudan provided a list of criminal charges against NISS members from 2007 to 2011 , including 35 criminal court cases related to junior ranking officers who committed criminal offences and 21 cases in front of the NISS Court. But none of the cases related to lifting immunity for human rights violations. For more information, see: http://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents..._ADR_SDN_14900_E.pdf.
    211 Interview with two Sudanese lawyers, by telephone, 10 July 2016.
    ‘UNINVESTIGATED, UNPUNISHED’
    HUMAN RIGHTS VIOL ATIONS AGAIN ST DARFUR I STUD ENTS IN SUDAN Amnesty International
    42
    “Yes,wemademany complaintsabout violationsandtorturetothe DarfurRegionalAuthority,parliamentaryand legislativemembers.Weknowit wasfutile.Nevertheless,wewant toletthemknowabouttheviolationsthat studentsarefacingintheuniversities."212
    In the past few years, several intergovernmental organizations, national and international human rights organizations have urged the Sudanese authorities to repeal articlesthatguaranteeimmunityfromprosecution for NISS agents and investigate and prosecute human rights violations.213 The UN Human Rights Committee, inits concluding observations onSudan’s ICCPRreview in2014,statedthat:“TheStateparty should abolish those provisions that grant immunity from criminal prosecutiontothepolice,thearmedforces andthenationalsecurityforces.”214 SimilarrecommendationsweremadebytheUNHighCommissionerfor Human Rights in 2015;215 the ACHPR in 2012216 and other national and international human rights organizations.217 Mostrecently,theUNHumanRightsCouncil,initsfinalreportonSudan’sUPRin2016, recommended that Sudan remove immunities accorded to national securityagents.218
    212 Email correspondence with Majid, Khartoum, 10 July 2016.
    213 Darfur: The Quest for Peace, Justice and Reconciliation, Report of the African Union High-Level Panel on Darfur (AUPD),
    PSC/AHG/2 (CCVII), 29 October 2009, paragraph 25(c) and (d); pages 56-63, paragraphs.215-238; and page 91, 92, paragraph 336. 214
    paragraph 17.
    215 UN High Commissioner for Human Rights, Impunity and Accountability in Darfur for 2014 report, August 2015, paragraph 85, page 22.
    216 ACHPR, Sudan: 4th and 5th Periodic Reports, 2008-2012, http://www.achpr.org/states/sudan/reports/4thand5th-2008-2012/.
    217 Joint NGO Letter: Human Rights Situation in Sudan, 3 September 2015, https://www.hrw.org/news/2015/09/03/joint-ngo-letter- human-rights-situation-sudan; Amnesty International, Sudan: Agents of fear the National Security service in Sudan (AFR 54/010/2010). 218 Human Rights Council, Working Group on the UPR Thirty-third session, Geneva, Report of the Working Group on the Universal Periodic Review, Sudan.
    ‘UNINVESTIGATED, UNPUNISHED’
    HUMAN RIGHTS VIOL ATIONS AGAIN ST DARFUR I STUD ENTS IN SUDAN Amnesty International
    ICCPR,
    Concluding observations on the fourth periodic report of the Sudan Committee, CCPR/C/SDN/CO/4, 14 August 2014,
    43
    8. CONCLUSION
    This report documents human rights violations experienced by studentsfromDarfurinSudan.Theseviolations include:suppressionoffreedom ofexpression,associationandpeacefulassembly;arbitraryarrests;torture and other ill-treatment in detention; and unlawful killings.
    The report highlights that a key trigger for violence affecting Darfuri university students inuniversitiesisnon- or partial implementation of the fee waiver. In almost all Sudanese universities, there is an annualdispute between Darfuri students and university administrations over the payment of tuition feesbyDarfuristudents. The annual dispute between the university administration and the Darfuristudentshasresultedinthestudents being expelled from universities or banned from sitting exams for failing to pay fees.Darfuristudentshave also been suspended from studying or denied their certificates after graduation. Darfuri student s peacefully protestingagainstuniversityfeespolicyhave beendispersedbyforcebytheNISS,thepoliceandrulingparty affiliated students.State securityagents have used excessive and unlawful forcetodisperseprotestsleading to the injuryanddeathofprotesters.Theyhave also beenarrestedandsubjectedtoill-treatmentandtorture while in custody.
    A second trigger for violence affecting Darfuri students is the political activities of Darfuristudentsinrelation to the conflict in Darfur. Darfuri students’ attempts to discuss the conflict in Darfur through public fora in universities have been violentlythwarted by ruling partyaffiliated students.Darfuri studentsparticipatingin these forahave additionallybeenarrestedandsubjectedto torture andill-treatmentwhile incustody.
    The report demonstrates a failure on the part ofthe Government ofSudan, over a prolonged period,to investigate, prosecute and punish allegations of unlawful killings including death in custody, extrajudicial executions by the security forces, killings from lethal force during protests and killingsbyrulingpartyaffiliated student groups,the NISS and the police.The Government ofSudan has failed to investigate mostofthese cases and bring perpetrators to justice.
    This report also points to the Sudan government’s failure to ensure that Darfuristudentsexperiencinghuman rights violations have access to effective remedies. NISS agents enjoyimmunityfromprosecutionforanyacts committedinthe course oftheirwork,evenwhenhumanrights violations occur,whichhasfosteredaculture of impunity within the NISS.
    ‘UNINVESTIGATED, UNPUNISHED’
    HUMAN RIGHTS VIOL ATIONS AGAIN ST DARFUR I STUD ENTS IN SUDAN Amnesty International
    44
    9. RECOMMENDATIONS
    The individuals interviewed for this report said they wanted: the humanrightsviolationsandabusescommitted byNISS agents and ruling partyaffiliated students to stop;full implementation ofthefeeswaiverasstipulated in the DDPD and the DPA; and to be treated without discrimination based on their ethnicity,languageand political affiliation.
    TO THE MINISTRY OF JUSTICE
     Ensure student activists are not arbitrarily arrested or detained, tortured or otherwiseill-treated,and that no one is deprived of their liberty, except in accordance with legally establishedproceduresand in accordancewithSudan’sobligationsunderregionalandinternationalhumanrightslaw;
     Ensureallpersonstakenintocustodyaregivenpromptaccesstoalawyeroftheirchoice,theirfamily and all medical treatment they may require are brought to court within a reasonableperiodoftime,in line with regional and international standards;
     Amendthe2010NationalSecurityActtoensureinstitutionalandbehaviouralreformoftheNISS, remove its powers of arrest and detention and establish a judicial oversight mechanism;
     RemoveallimmunitiesprovidedtomembersoftheNISSunderArticle52ofthe 2010National Security Act;
     Prohibit torture and other ill-treatment in national legislation andinpractice,andincorporatethecrime of torture in national legislation, in line with regional and international standards;
     Investigate allallegationsoftorture,ill-treatmentanddeathindetentionandtakestepstobring suspected perpetrators to justice in fair trials without recourse to the death penalty;
     Launch impartial and effective investigations into all unlawful killingsthat haveoccurredsince2003in Sudanese universities and publicly publish their findings. The investigations should provide a full accounting of the dead and injured, the circumstances surroundingeachdeathorinjury,andevidence that indicates the extent to which the security services and third parties were implicated. The investigations should result in suspected perpetrators being brought to justice in fair trialswithout recourse to the death penalty;
     Ensureallvictimsandtheirfamilieshavetherighttoeffectiveremedy,includingfullreparationsforthe harm suffered.
    TO THE MINISTRY OF HIGHER EDUCATION
     Ensure universities take measures to protect all students from violence andguaranteestudents’right to freedom of assembly and association.
    ‘UNINVESTIGATED, UNPUNISHED’
    HUMAN RIGHTS VIOL ATIONS AGAIN ST DARFUR I STUD ENTS IN SUDAN Amnesty International
    45
    TO THE UN HUMAN RIGHTS COUNCIL
     EstablishaSpecialRapporteuronthesituationofhumanrightsinSudanunderitem4,withamandate to monitor and publicly report on violations of human rights and international humanitarianlawinall parts ofSudan,andmandate the SpecialRapporteurto reportperiodicallytotheHumanRightsCouncil and the General Assembly;
     UrgeSudantoimplementalltherecommendationsitacceptedduring its2016UPR,includingto respect the rights to freedom of expression, association and assembly.
    TO THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
     UrgetheGovernmentofSudantoimmediatelyendtheuseofunnecessaryandexcessiveforceagainst protesters and to investigate and hold accountable those responsible for unlawfulkillingsandother human rights violations that occur during such protests;
     UrgetheGovernmentofSudantorevisetheNationalSecurityActandthePoliceActtolimitthe extensive power granted to the NISS and police officers and repealArticle52(3)oftheNationalSecurity Act 2010 and Article 45(1) of the Police Act 2008 providing members of the NISS,thepoliceandtheir associates with immunity from criminal and civil procedures;
     UrgetheGovernmentofSudantoadheretoACHPR’sGuidelinesontheConditionsofArrest,Police CustodyandPre-TrialDetentioninAfrica;
     UrgetheGovernmentofSudantosubmitallitsoutstandingreportsonimplementationoftheAfrican Charter on Human and Peoples’ Rights, including outlining measuresithastakentoensurefullrespect of the rights to life, education, freedom of expression, association and peaceful assemblyforDarfuri students;
     UrgetheGovernmentofSudantoimplementallpreviousACHPRrecommendations,includingthose contained in the concluding observations adopted at its 12th ExtraordinarySession in 2012 onthe prohibition of torture, respect for freedom of expression, prison conditions and arbitrary arrestand detention.
    ‘UNINVESTIGATED, UNPUNISHED’
    HUMAN RIGHTS VIOL ATIONS AGAIN ST DARFUR I STUD ENTS IN SUDAN Amnesty International
    46
    AMNESTY INTERNATIONAL IS A GLOBAL MOVEMENT FOR HUMAN RIGHTS. WHEN INJUSTICE HAPPENS TO ONE PERSON, IT MATTERS TO US ALL.
    CONTACT US
    [email protected] +44 (0)20 7413 5500
    JOIN THE CONVERSATION
    http://http://www.facebook.com/AmnestyGlobalwww.facebook.com/AmnestyGlobal @AmnestyOnline
    
    UNINVESTIGATED, UNPUNISHED
    HUMAN RIGHTS VIOLATIONS AGAINST DARFURI STUDENTS IN SUDAN
    This report documents human rights violations experienced by students from Darfur in Sudan since 2014. These violations include: suppression of freedom of expression, association and peaceful assembly; arbitrary arrests; torture and other ill-treatment in detention; and unlawful killings.
    Since the conflict started in Darfur in 2003, the police and the security services have arbitrarily arrested and detained at least 10,000 students from Darfur. During the same period, Amnesty International documented at least 13 students from Darfur killed in various universities across Sudan, possibly by police officers, National Intelligence and Security Service (NISS) agents and/or ruling party affiliated students.
    Amnesty International calls on the Government of Sudan to ensure student activists are neither arbitrarily arrested or detained, tortured or otherwise ill- treated, nor deprived of their liberty except in accordance with legally- established pro cedures and Sudan’s o bligatio ns under regio nal and international human rights law.
    Amnesty International calls on the Government of Sudan to launch impartial, effective investigations into all unlawful killings since 2003 in universities and publicly publish their findings.
    Amnesty International calls on the Government of Sudan to ensure that all victims of human rights violations, in particular the families of victims of unlawful killings, have the right to effective remedy, including full reparations for harm suffered.
    INDEX: AFR 54/4848/2017 JANUARY 2017
    LANGUAGE: ENGLISH
    amnesty.org


    أبرز عناوين سودانيز اون لاين صباح اليوم الموافق 18 يناير 2017

    اخبار و بيانات

  • سفير السودان لدى السعودية يرعى نهائي كأس الاستقلال
  • وقفة إجتجاجية للجمهوريين بالخرطوم وإستمرار إعتقال الناشطيين والسياسيين
  • عثمان حمد محمد خير مديراً عاماً للبنك السوداني الفرنسي
  • ارتفاع التضخم في السودان
  • الحاج آدم يوسف يطالب بتوفير سندوتشات لنواب البرلمان السودانى
  • البرلمان السودانى يشكل لجنة طارئة لدراسة تعديل الدستور
  • خبيرة: ترامب وعد بتسويق السلع الأميركية في السودان
  • البشير: نعمل مع شركاء لاستعادة الأمن في سوريا وليبيا واليمن
  • قطبي المهدي: دخلت في رجيم سياسي ولست قيادياً بالوطني
  • أوباما لـ (لقطاع الشمال): المفاوضات السبيل الوحيد لحل الخلافات
  • شبح الإزالة يهدد (800) محل تجاري بسوق سعد قشرة
  • المؤتمر الشعبي : الحكومة فكيها قوي
  • قال إنه فخور بتصريح لحس الكوع وغير نادم عليه نافع علي نافع يتوقع انحياز المهدي وجبريل ومناوي للسلام
  • بلاروسيا تتبرع بقمر صناعي للسودان
  • الخرطوم تجدد شكواها بشأن حلايب لدى مجلس الأمن
  • نافع علي نافع: لا توجد مُعضلة تمنع إلحاق رافضي الحوار بالحكومة
  • قائد قوات الدعم السريع اللواء محمد حمدان دقلو: قوات الدعم السريع عانت من الإعلام السالب
  • اتجاه لإنشاء مشروع الترام بالخرطوم
  • الحركه الشعبيه لتحرير السودان شمال ترفض مقترح واشنطن بإدخال المساعدات للمنطقتين
  • خطاب علي محمود حسنين رئيس الجبهة الوطنية العريضة وعضو الهيئة الرئاسية للحزب الاتحادى الديمقراطى الأ
  • رئيس هيئة الأركان العامة للجيش الشعبي يشهد تخريج دفعة من الوحدات الفنية بالجيش الشعبي
  • د. جِبْرِيل إبراهيم رئيس حركة العدل والمساواة السودانية في لقاء صحفي حول المستجدات في الساحة السود


اراء و مقالات

  • يا هيئة علماء السودان ومفتين الديار : اليس انكسار الحكومة لامريكا واسرائيل هذه ردة؟ افتونا !!
  • حلايب تدخل سوق العلاقات السودانية الامريكية بقلم الطاهر على الريح
  • شهر وعبد الله عبد القيوم في سجن كوبر القمع والإغراء مصفاة النضال بقلم جعفر خضر
  • هذا ما جناه علينا (دواعشنا ) وما جنينا على أحد بقلم عصام جزولي
  • أوراق منسية ما بين بابكر بدري وآمنه عطية تعليم البنات إبداع سوداني بقلم بدرالدين حسن علي
  • ام الحيران : شدي حيلك يا بلد ما في ظلم الى الابد..هنا باقون !! بقلم د.شكري الهزَيل
  • كهرباء غزة وتحضيرية بيروت بقلم د. فايز أبو شمالة
  • واحتشدت جموع الحواتة باستاد الخرطوم لتخليد ذكري الرحيل بقلم صلاح الباشا - الخرطوم
  • أخْلاقُنا وأخلاقُهم!!! بين سيدنا أبو سعيد الخدري ويزيد!!! (3-3) بقلم جمال أحمد الحسن
  • تنظيف البيت بقلم أسحاق احمد فضل الله
  • الدعم الاسرائيلي للبشير بقلم اسامة سعيد
  • فى ذكرى 18 يناير المكاشفى ثانى اثنين اذ هما فى النار بقلم عصام جزولي
  • وجاءت ذكرى من كان إياه يرهبون! بقلم فتحي الضَّو
  • النظام السوداني بين سيف الرقابة الأميركية واختبار حسن السير والسلوك بقلم حسن احمد الحسن
  • عوارة إسمها البطان بقلم منتصر محمد زكي
  • بعد الخضوع والركوع لامريكا,اكتملت قائمة جرائم النظام بقلم د محمد علي سيد الكوستاوي
  • فكيتوا انقاذكم سبب بلاويكم ومسكتوا في العقوبات!! بقلم كمال الهِدي
  • الحقوق والحريات حينما يسقط الإعلام في مستنقع التزييف بقلم احمد جويد/مركز آدم للدفاع عن الحقوق والحر
  • ( لو.. لو..لو ) بقلم الطاهر ساتي
  • (في حُبها سفكُ الدماءِ مُباحُ)..! بقلم عبد الله الشيخ
  • ضاحي خلفان السوداني..!! بقلم عبدالباقي الظافر
  • الشواذ !! بقلم صلاح الدين عووضة
  • لماذا أيها الإمام؟ بقلم الطيب مصطفى
  • اكثر من قراءة ليوم الفداء العظيم بقلم حيدر احمد خير الله
  • تداعيات خروج أمريكا من الملعب 2 أزمة الثقة بقلم سعيد محمد عدنان – لندن – بريطانيا
  • نقز السودان غلبوا الامريكان من أجل وحدة وطن ادراك المستحيل بالتعامل معه بمنطق الممكن
  • تقليم أظافر مؤتمر باريس وتهذيب خطابه بقلم د. مصطفى يوسف اللداوي
  • الأستاذ محمود محمد طه ..الرجل الذي أستعصي علي الإرهاب الديني !! بقلم بثينة تروس
  • تحت رحمة ضمير إعلامي .. !! بقلم هيثم الفضل
  • طه..نموذج..للعميل المذدوج شرعا.. وبتفويض رئاسي!! بقلم عبد الغفار المهدى
  • مصر أم الدنيا تتهاوي سريعاً الى أحضان الآخرة بقلم يوسف علي النور حسن

    المنبر العام

  • بلقيس بنت سالم الحكمانية؛ بوست وناسة للأعضاء من أصول عربية فقط
  • بنتنا أميرة السيد بالنوبية ( موقو mogo ) وأرجعي مع الاميرات إلى الابداع
  • الحكومة ترفع الدعم عن “غاز الطهي” نهائياً .. تسعيرة جديدة للأسطوانة
  • وثيقـــة نــــــداء الشعـــــب الســودانـــــي- قل رأيك
  • تعين المديرالمديرالسابق لسوق الخرطوم للاوراق المالية مدير للبنك الفرنسي السوداني
  • اميرة السيد وود البشري واخرين
  • قابلنا الرئيس قال انتو دايرين شنو وقلت ليهو رقينا ضباط ( فديو )
  • منشور هذا او الطوفان ... هل هذا كلام يستحق قائله الاعدام....؟
  • الجنرال حمدي الصايغ رجل رقيق القلب .. ولكن كبده قاس على الانكسار بين الزنازين.
  • هل يجوز للدولة إصدار قراربإغلاق المساجد بعد الصلاة مباشرة ولا چب
  • عاااااجل بخصوص ارهابى تفجير تركيا (معروضات سودانية )
  • عملات سودانية وايصال اشتراك في نادي زومبا في الخرطوم وجدت في شقة ارهابي استنبول
  • عثمان محمد صالح : لست شيوعيا واتحمل بمفردي تبعاته القانونية
  • مقترح دولة "مدنية، ديمقراطية، طبقية" و حزبين "محافظين و ديمقراطيين"
  • تردي الاقتصاد يدفع سودانيات للعمل سائقات أجرة
  • وقفة احتجاجية لأهالي الجريف شرق السبت القادم
  • عطبرة .. حكاية القطار واللوري!!!!
  • كبكبة- مقال سهير عبد الرحيم
  • لأبواب التواصل الافتراضي أجراس!!!
  • الأستاذ عبد المنعم عطا السيد ..خبر الحزن الأليم ...كلمة عزاء للاهل في الجابراب
  • منسي في ديار حلفا
  • القلب هناك...في عطبرة سلسلة مقالات صحفية
  • الذين يدافعون عن عثمان محمد صالح
  • رفع الحظر الامريكي ولكن علينا حظر بعض الالسن
  • الحوار المباشر من دافوس:ماهو مصير عهد تعدد الثقافات؟
  • مقال: شوقي وحل الشيوعي وعثمان ما أشبه الليلة بالبارحة..؟!
  • أم تُرانا موعودون بالجحيم!
  • من وراء الكواليس .. مسيرة رفع العقوبات الأمريكية الإحادية الظالمة عن السودان الأبي
  • المنبر ده جمهوريين أونلاين أو محمودانيز أونلاين وللا شو الإصة؟
  • هات تعليق واربح جائزة......
  • المظالم
  • دمعةُ الدموع... نزيه أبو عفش
  • صحف ألمانية: على أوروبا إقامة تحالف ضد ترامب
  • هل مِتَ حقاً يا محمود..!!
  • لو شتمت أبو واحد وللا أمو دي إساءة ولو شتمت سيد الخلق دي حرية تعبير!
  • غطرسةُ الشّاعِرِ
  • شكروتقدير لشخصيات سودانية مميزة وقفت مع الاستاذ محمود محمد طه والفكر الحر والمفكرين
  • تراجي مصطفي تفقد ما تبقى لها من صواميل في الرأس.. يوجد فيديو
  • المكتبة السودانية :"جماليات الازمنة و الامكنة و الناس والكائنات في رومي البكري "
  • فكت....الجماعة نكروا
  • وقفة: الجميع محتارون مصدومون مستاءون:إحساس بالفشل في إدارة الحوار و الإختلاف و حتى الاتفاق
  • قلت في صحوك والكل نيام- شعر
  • مخاض محادثات باريس
  • (الدعم السريع... النشأة . الواقع . والمستقبل) مع حميدتي - للنقاش - حال البلد (video)
  • حميدتي الكذوب- قال كان تاجر أبل مابين السودان وليبيا
  • الحاج ساطور- يُهاجم قانون الدعم السريع ولن يشارك في الحكومة لو بالتكليف
  • الدولار يعاود إرتفاعه امام الجنيه ويقترب من (19) جنيه
  • إنكم لا تخفون نورالزبيرداخل زنزانة سيشع أكثر- كتبت الحبيبة رباح الصادق
  • حشود ضخمة من “الحواتة” تحيى ذكرى الفنان الراحل محمود عبدالعزيز
  • ناشطة أمريكية لاوباما قرارك يكافئ مطلوباً للعدالة الدولية بارتكاب جرائم حرب ..
  • دفاع الشيوعيين عن عثمان محمد صالح دوافع فردية ام اوامر حزبية؟
  • ابحث عن معلومة عن السلطان علي دينار
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