تقرير المركز الأفريقي لدراسات السلم و العدالة-دارفور

AFRICAN CENTRE FOR JUSTICE AND PEACE STUDIES


SUDAN HUMAN RIGHTS MONITOR
ISSUE NO. 1
MARCH-MAY 2009


Contents

Overview ..............................................................................................................................1
Political Developments ....................................................................................................2
Darfur Political Process ....................................................................................................2
International Engagement ...............................................................................................2


Law Reform ..........................................................................................................................3


Press Law..........................................................................................................................3
Harassment of Human Rights Defenders.............................................................................5
Arbitrary Arrest ....................................................................................................................7
Freedom of Expression ........................................................................................................9


Obstructions of Press Freedom .......................................................................................9


Other Incidents ................................................................................................................9
Unfair Trials....................................................................................................................... 10
Freedom of Movement..................................................................................................... 11
Sexual and Gender Based Violence................................................................................... 11


Overview

January 2009 marked the fourth anniversary of the Comprehensive Peace Agreement
(CPA) between Khartoum’s National Congress Party (NCP) and the southern rebel Sudan
Peoples’ Liberation Movement (SPLM). That agreement set out a six year interim period
during which it was envisaged that comprehensive democratic reform would be undertaken.
With two thirds of the interim period passed, it had been envisaged that the package of legal
reforms would have been implemented and that the country would be moving towards free
and fair elections no later than July 2009.

In actuality, however, the period was dominated by increased tensions. Looming large
over the entire period was the decision of the International Criminal Court on 4 March 2009
to issue an arrest warrant against Sudanese President Omar Al Bashir for charges of war
crimes and crimes against humanity.

One immediate response to this development was the decision of the government to
crack down on independent human rights and humanitarian organisations in Sudan.
Although the CPA envisioned this period to be one of openness and democratic debate, in
reality, the space available to political activists and human rights defenders has drastically
diminished in this period. Government officials embarked on a campaign of threats and
intimidation in an attempt to silence those supporting the ICC or accountability generally.
Salih Gosh, head of Sudan’s National Intelligence and Security Service (NISS) was quoted as
saying “we [the government] were Islamic extremists then became moderate and civilised


believing in peace and life for everyone. However, we will revert to how we were if
necessary. There is nothing any easier than that.”

On 8 March 2009, the Chief of the Police Forces Mohamed Nanjeeb Altayeb stated that
“we will cut off the limbs of anyone that aims to undermine the sovereignty of the country.”
He also threatened to force out of the country all those who supported the ICC, including
Sudanese nationals, describing them as enemies of the nation. In addition, government
sponsored media launched an intensive propaganda campaign against individuals who had
supported the Court. Indeed, even former government ally and prominent opposition
politician Hassan Al Turabi was arrested for expressing support for the ICC.

The government has arguably taken advantage of these developments to crackdown on
any forces it sees as threats in the run up to the elections, now postponed until April 2010.
Indeed, the government has not only shut down three of the most credible human rights
organisations, it has stepped in to fill the gap with government-aligned organisations.
Several of these government aligned organisations have been represented in recent sessions
of the African Commission on Human and Peoples’ Rights and the Human Rights Council.

Political Developments

On 2 April 2009, the government of Sudan announced that elections would be
postponed until February 2010. A number of reasons for the delay were cited, including
delays in publication of the census results and in voter registration. The ti####ble has since
been pushed back once again to April 2010.

In a critical first step towards the organisation of elections, census results were approved
by the Sudanese presidency on 6 May. These results indicate that Southerners constitute
about 8.2 million of the total national population of about 39 million. The results were
questioned by the SPLM. The provisions of the CPA indicated that revenue sharing
arrangements could be renegotiated if it were shown that the South had less than a third of
the total national population. Of particular concern were figures in the census of the number
of Southerners residing in the North. Previous estimates had put the figure at upwards of
one million people, but census results reportedly include only about 500,000 people.
Southern Sudanese President Salva Kiir Mayardit reportedly expressed discontent with the
results, while the government of Western Equatoria State has called them “unrealistic” and
“shocking.”

Darfur Political Process

On 20 March 2009, the Justice and Equality Movement (JEM) suspended talks with the
government of Sudan in protest of the expulsion of 13 nongovernmental organisations. Talks
resumed between 4 and 12 May 2009, when the parties reaffirmed their commitment to the
17 February agreement. A new round of talks began on 27 May, focussed on the military
situation on the ground and outstanding issues such as prisoner exchange and cessation of
hostilities.

In late April, forces of the Chadian armed opposition entered Chad from Sudan. Heavy
fighting was reported in early May and the rebel forces were ultimately routed.

International Engagement

On 4 March 2009, the Pre-Trial Chamber I of the International Criminal Court issued an
arrest warrant against Sudanese President Omar Al Bashir for war crimes and crimes against
humanity in response to a 14 July 2008 request from the prosecutor, Luis Moreno Ocampo.


The Pre-Trial Chamber excluded the charges for genocide which had been included in the
prosecutor’s application, although the Prosecutor is appealing that ruling.

On 18 May 2009, Bahr Idriss Abu Garda, a rebel commander with the United Resistance
Front, appeared before the court in response to a sealed summons to appear which had
been issued ten days prior. Abu Garda’s appearance stemmed from his alleged participation
in the 30 September 2007 attack on African Union troops at Haskanita.

On 3 and 4 April and 18 to 21 May, the African Union High Level Panel, mandated by the
AU Peace and Security Council to examine how to balance competing needs of justice and
peace in response to the Prosecutor’s application for an arrest warrant in July 2008, visited
Sudan.

Sima Samar, the Special Rapporteur on the situation of human rights in the Sudan,
visited Sudan for 11 days in May and June 2009. She noted that some improvements and
some positive steps had been made by the Sudanese Government. But she remained
concerned about a number of human rights issues in the country, such as arbitrary arrests,
detention, and allegations of ill-treatment and torture by security forces, including the
National Intelligence Security Service (NISS).

Ms. Samar also expressed concern about ongoing newspaper censorship and restrictions
on freedom of expression for journalists and the political opposition. Ms. Samar stressed
that the humanitarian and human rights situation in Southern Sudan was a concern, with
several hundred civilians having been killed in clashes among tribes in Jonglei state. On
Darfur, Ms. Samar pointed out that the “fluid and unpredictable” security situation had a
“direct bearing” on the human rights situation in what she characterised as a “zone of
conflict.” The Special Rapporteur has also called on the National Assembly in Khartoum to lift
immunity from army members now provided for by law. But the National Assembly’s Human
Rights Committee rejected Samar’s proposals.

In early April, new US Special Envoy for Sudan Scott Gration visited Sudan, focussing his
efforts on reopening humanitarian access in the aftermath of the March expulsions of aid
groups.

Law Reform

Legal reform is an important part of the reform envisioned by the CPA, but progress in
this area has been slower than anticipated.

In December, the National Human Rights Commission Act was passed. Although passage
of the law was a progressive step, the Commission has yet to be formally constituted or
begin its work.

In addition, the controversial National Security Act has not yet been discussed and its
revision is now scheduled for discussion in October.

Press Law

On 8 June 2009, after a long and contentious debate, the parliament passed a new
media law. During the debate, the draft law was heavily criticized by human rights
organizations:

•
On 14 April 2009, the UK based non-governmental organisation Article 19 focussed on
promoting freedom of expression issued a press statement criticising the draft law.
Article 19 expressed serious concern about the draft law, indicating that it was
incompatible with international standards on freedom of expression. In particular, the
following shortcomings were highlighted:

o
Print press organisations would be subject to a licensing regime.
o
Journalists would be obliged to register with the Press Council before practicing
their profession.
o
Restrictions would be imposed on the eligibility of chief editors.
o
National Council for the Press and Publications (the Press Council), the
regulatory body of the print press would not be independent, but rather
controlled by the President.
o
The Press Council would be empowered to impose criminal sanctions for
violations of the law, although an administrative and regulatory body should not
be empowered to carry out such functions.
•
On 19 May, more than 50 Sudanese journalists protested outside the National Assembly
in Omdurman against the draft law.
•
On 21 May, the Paris based NGO Reporters Without Borders issued a press release jointly
with Sudanese Parliamentarian Salih Mahmoud Osman, criticizing the draft bill.
o
“The law in its current form is unacceptable. It does not conform to the interim
constitution and will form a serious impediment to the conduct of free and fair
elections in 2010,” Salih Mahmoud Osman said.
o
Reporters Without Borders added: “The state of press freedom in Sudan is
already worrying and the adoption of this draft law in its current form would
constitute a very serious step backward”.
•
On 29 May, the US based Committee to Protect Journalists (CPJ), an NGO focussing on
press freedom, issued a press release criticising the draft law.
o
In particular, CPJ criticized provisions in the bill which would have granted the
Press Council (eight of whose 21 members would be appointed directly by the
president) unprecedented authority to:
.
grant and revoke publication licenses;
.
impose strict disciplinary measures against journalists;
.
conduct examination of journalists to determine their suitability for the
profession; and
.
confiscate printing equipment.
.
fine Sudanese journalists. CPJ also pointed out that journalists could be
fined up to 50,000 new Sudanese pounds (US$21,000) for violating the
new rules.
•
After contentious debate including a walk out by opposition parliamentarians, on 8 June
2009 the National Assembly unanimously endorsed the new Press and Publication Act
2009. The new law authorizes courts to shut down newspapers, impose fines and revoke
journalists’ licenses. The law also empowers the Press and Publication Council to
suspend newspapers for three days. The final version of the law removed heavy
sanctions on journalists, including a contested fine of 50,000 pounds for failing to adhere
to the new rules and also restricted the power of Press Council to close newspapers.
However, the new law does not remove the power of intelligence services, who can
censor papers ahead of publication under Sudan’s National Security Act. The Press
Council will have the power to suspend a newspaper for up to three days without the

involvement of a court and will also license press companies and lay conditions for the
registration of journalists, distributors and printers.

Harassment of Human Rights Defenders

•
On 1 March 2009, the Sudanese Humanitarian Affairs Commission (HAC) issued an order
calling for the closure of three NGOs, including the Khartoum Centre for Human Rights
and Environmental Development (KCHRED).
•
On 3 March, Sudanese national security agents raided the home of Mossaad Mohammed
Ali, former director of the Amal Centre for the Treatment and Rehabilitation of Survivors
of Torture in Nyala. His brother-in-law, who was in the house at the time of the raid, was
questioned about his whereabouts. Mr. Ali’s private car was confiscated by the security
forces.
•
On 3 March, the father of Mohamed Badawi, a former staff member of the Amal Centre
in El Fashir, was arrested and questioned about the whereabouts of his son. He was
released a few hours later.
•
On 3 March, Dr. Ibrahim Adam Mudawi, the Chairperson of the Sudan Social
Development Organisation (SUDO) was notified of a court case filed against him by the
federal and Khartoum State HAC for the alleged embezzlement of $40,000 in 2004.
•
On 4 March, the NISS and the police broke down the doors of the KCHRED and
confiscated everything in the office, including computers, the safe, and all materials and
documents.
•
On 4 March, Dr. Mudawi, Chairperson of SUDO was warned of his imminent arrest and
advised to leave the country. The SUDO office in Nyala was also raided and computers
and documents were confiscated by security forces.
•
KCHRED and SUDO were two of three organisations whose registrations were revoked
and whose assets were seized. The other was the Amal Centre for Rehabilitation of
Violence Victims (Amal Centre). These organisations had provided critical legal aid,
human rights monitoring and humanitarian services in Darfur and throughout Sudan.
•
On 5 March, the National Radio of Omdurman reported that the KCHRED had been
closed down because of their cooperation with the ICC, and that all of their staff and, in
particular, their leader with dual nationality (his name was not given), would face trial
for crimes against the state.
•
On 8 March, Sudan Centre for Media Services known for its links with National Security
Services reported that Monim Aljack, Yasir Hummaida and Yasir Ahmed Suliman had
helped to smuggle 11 witnesses to the ICC. Other newspapers reported that Aljack,
Hummaida and Suliman are ICC witness. Still other newspapers reported that the three
are working for the ICC’s media section.
•
In March, a non-Sudanese African human rights defender was threatened in his country.
He was forced to pull over while driving home by several cars, some of which had
Sudanese number plates, and threatened with death and told his calls and movements

were under surveillance. He was ordered to halt his advocacy activities relating to Darfur
and Sudan by persons intimating to be acting on behalf of the government of Sudan.

•
In April, the Darfur Consortium reported:
there has been a sharp rise in harassment, interrogation and arrest of Sudanese
human rights defenders, those who attempt discussions relating to Sudan’s
obligations under the Rome Statute of the International Criminal Court (the Rome
Statute), local staff members of some of the expelled aid agencies, and family
members of these categories of persons.

•
Mr. Ahmed Juma, a legal aid lawyer formerly associated with the Amel Centre in El
Fashir, North Darfur, arrived in El Fashir from Khartoum. On his return, he received five
threatening phone calls from national security officers telling him that they would arrest
him due to his work with the Amel Centre. Mr. Juma was a prominent lawyer with the
legal aid programme of the Amel Centre and represented many victims of human rights
violations, including rape cases, before the national judicial system.
•
Mr. Muneer Mohamed Khater a legal aid lawyer, formerly associated to the Amel Centre
in North Darfur, in El Fashir, attempted to board a UNAMID flight to Kutum town in
North Darfur to conduct a field mission on Wednesday, 1 April 2009, when he was
stopped by the NISS. Mr. Muneer met with the National Security Officer in charge at the
airport, who refused to let Mr. Muneer board the flight. Mr. Muneer then returned
home followed by security officers, who continued to follow him for several days. Mr.
Muneer has provided legal aid services to the victims of human rights violations in the
Kutum area since 2008. He is the only lawyer working on such cases in that area.
•
In April 2009, armed men allegedly affiliated with the National Congress Party broke the
arm of a student political leader. The incident was an assassination attempt organised
on the eve of a rally in Juba, according to a spokesman of the United People’s Front
(UPF). UPF is the student organisation of the Sudan Liberation Movement (SLM) led by
exiled Darfur rebel leader Abdel-Wahid Al-Nur.
•
During April and May, UNAMID documented five cases of threats and harassment of
human rights defenders and national staff of UNAMID and international NGOs, all of
whom were suspected of having provided sensitive information to international actors.
•
In addition to government interference, the operation of human rights and humanitarian
organisations in Darfur was inhibited by insecurity.
•
On 11 March 2009, five staff members of Médecins Sans Frontières-Belgium,
three international and two national, were kidnapped in Saraf Umra in northern
Darfur. All five were subsequently released, one national staff the same day, and
the others on 14 March.
•
On 4 April, four NGO workers were kidnapped near Edd al-Fursan, Southern
Darfur. Two of the national staff were released the following day. The other two
were released on 2 April.
•
On 7 May, an unknown assailant killed a UNAMID Military Observer during a
carjacking incident in Nyala.

•
In addition, in April and May, UNAMID recorded a total of 143 security incidents,
including increasingly violent carjackings.
Arbitrary Arrest

The National Interim Constitution of 2005 clearly prohibits arbitrary arrest and torture,
stating in Article 33 that "[n]o person shall be subjected to torture or to cruel, inhuman or
degrading treatment". Despite this, ill treatment and torture, arbitrary arrest continued in
Sudan unabated. Sudan’s Criminal Procedure Code also contains safeguards against
incommunicado detention. However, Article 31 of the National Security Forces Act, which
governs arrests by the NISS, allows incommunicado detention without charge for up to nine
months. This increases the likelihood of torture and other ill-treatment. Unfortunately,
arbitrary arrests and torture continue, and the following incidents were documented
between January and May 2009:

•
In early March, the Sudanese government released opposition politician Hassan Al Turabi
after about two months in detention. Turabi was jailed after expressing support for the
ICC and reiterated his “firm and principled” stand on international justice just days
following his release.
•
Mr. Abu Talib Hassan Emam, a Sudanese lawyer from western Darfur, El Geneina was
arrested by National Security (NISS) at his private house on Saturday, 28 March 2009.
He was immediately taken to the airport and transported to Khartoum. On Sunday, 30
March 2009 he was released on bail, after the NISS had opened a criminal case against
him for crimes against state. Mr. Abu Talib is a member of Darfur Bar Association.
•
On Saturday 11 April, Suliman Ahmed Abd Elrahman Arbab, a paralegal at the Abu Shook
Justice and Confidence Centre (JCC) in Northern Darfur working in the Boyhood IDP
camp, was arrested inside Abu Shook camp by police and NISS officials. Mr. Arbab was
severely tortured in the (NISS) offices in El Fashir during his detention. He was released
after ten days of detention on 21of April 2009.
•
Mr. Mohamed Elmahjoub Abdalah abd Alwahab, a lawyer and coordinator of Amel
Centre in North Darfur, was arrested at his home in El Fashir on 11 April 2009. He was
detained for seven days and was released on 17 April 2009. During his detention he was
subjected to torture and to ill-treatment, and had no access to lawyers or his family. On
4 March 2009 he was ordered by the NISS not to leave El Fashir and has remained there
accordingly. He is a prominent lawyer in El Fashir and has served as head of the bar
association in El Fashir.
•
The harassment of Darfurian students in Khartoum continued in April. Bader El Deen
Mosa, the secretary-general of the Darfur students association at Khartoum University
was arrested on 12 April and subjected to humiliating treatment and torture. The
following students were also arrested in the first weeks of April:
o
Hamid Mohammed Hamid,
o
Abdel Al Monaim Abdel al Mola,
o
Taha Mohammed Zakria,
o
Omer Ishaq,
o
Mustfa Sharief,

o
Ibrahim Jafara.
It was reported that gun shots were fired during these arrests. The students may have
been injured as result.

•
On 14 April, Taj Alsir Jaffar Taj Alsir, a student at the University of Khartoum and a
member of the New Democratic Forces Party, was arrested for the second time this
year. He was subjected to torture and ill-treatment in detention, including being forced
to swallow an unidentified pill which caused him to faint.
•
Five Darfurian university students, who are members of the United Popular Front (UPF)
were reportedly arrested by NISS in April, and remain in custody. The authorities have
not revealed the whereabouts of four of the detainees, charged them with any
recognizable criminal offence, or allowed them to have access to their family and
lawyers. The names of those reportedly arrested include:
o
Mustafa Sharif, age 26, University of Khartoum,
o
Taha Mohamed, age 25, University of Khartoum,
o
Abd Al Monim Mohamed Issa, age 23, University of Khartoum,
o
Mohamed Ahmed, age 27, Ahleya University.
Mohamed Ahmed was released in the first week of June 2009, and the whereabouts of
the others remain unknown.

•
Salah Daod Turdah from Darfur was arrested by national security agents in Khartoum on
10 May. His whereabouts are unknown, and has had no access to lawyers or his family.
He may be subjected to torture and to ill treatment.
•
On 14 May, national security agents arrested two student activists, Abass Mohamed Al
Tahir of the Democratic Front and Mujdi Abdel Fatah of the SPLM at Shandi University,
200 kilometres north of Khartoum. They were subjected to torture and ill treatment
during their four-day detention.
•
Mohmed Al Faki, a student activist, was arrested by national security agents in Khartoum
on 24 May, following a public speech at Khartoum University about the Hamdab Dam
(also known as the Merowe Dam). He has had no access to lawyers or his family. He may
be subjected to torture and to ill-treatment.
•
On 22 May, national security agents arrested nine students in Kassala during a meeting
at the Beja Congress Party offices. The latest information obtained by the Centre
indicated that they had been held without charges or trial for a week. The names of the
detainees include:
o
Fadl Alah Younis
o
Ahmed Saif Eldein
o
Isa Mosbah
o
Ibrahim Mukhtar
o
Abas Isa
o
Mohamed Alnair
o
Musa Bagadi
o
Mohanad Alamin

o
Alfatih Suliman
o
Ibrahim Ahmed Adam
•
According to the UN secretary-general’s report in June, UNAMID recorded 17 cases
where government officials arbitrarily and illegally arrested and detained individuals. 15
have since been released, while two others were still detained without charge at the
time of writing. According to UNAMID, four of those release claimed to have
experienced cruel, inhuman and degrading treatment or torture during their detention.
Freedom of Expression

Despite the fact that the National Interim Constitution, endorsed after the signing of the
Comprehensive Peace Agreement, guarantees freedom of expression and ended the state of
emergency, the phenomena of suspensions of newspapers, detention and disappearance of
journalists have continued.

Obstructions of Press Freedom

•
The Communist Party’s Al-Midan and Ajras Al-Hurriya, believed to be a pro-SPLM
newspaper, were exposed to pre-censorship, whereby copy is reviewed by national
security officers and individual articles can be ordered to be removed.
•
In April, the Khartoum North Court, trying suspected assassins of the USAID officer John
Granville and his Sudanese driver, has barred reporters from the hearing of the
testimony of a witness for the defence. The witness in question, an army captain
working at Military Industries, was summoned by the defence and had previously
requested that the judge bar reporters from the hearings because he had “secret and
sensitive” information.
•
On 9-10 April, Ajras Al-Hurriya was suspended by the security service for coverage of a
press conference held by Pagan Amum, the SPLM secretary-general, and some editorials
written by the editor in chief and other journalists on the draft of press law.
•
The Communist Party’s Al-Midan newspaper was suspended on 14 April and 5 May, after
being ordered by the security service not to publish certain articles. Al-Midan had
already been suspended many times since January 2009.
•
Ajras Al-Hurriya was suspended by the security service on 26 May for their coverage of a
suspected bomb attack at SPLM headquarters in Khartoum.
Other Incidents

•
In April, the head of the largest opposition bloc in the Sudanese National Assembly came
under fire after a stand-off over legislation setting the penalties for adultery. Arman was
articulating the position of the SPLM, which believes that shari’a law should not apply to
non-Muslims. The adultery crime under the new law is punishable by stoning to death
for married people and 100 lashes for non-married individuals. Since the parliamentary
debate, the pro-government Sudanese Council of Ulma (religious scholars) issued a
fatwa implying that Arman, who is himself a Muslim, is guilty of apostasy – a crime
punishable by death under Sudanese law.

•
On 14 April, police used tear gas to disperse angry mourners during the funeral of the
nine men convicted of murdering newspaper editor Mohamed Taha in September 2006.
•
On 20 May, police and national security forces attempted to end a citizens’ protest by
force. The protest, organised in the Al Hamadab area (Algarya 1 and 2), was organised in
opposition to the shooting of a local man, Alsir Abo Zaid Shaikh from Algarya 2, by a
police officer then at the police hospital (Sahroon). 26 individuals were arrested and
released on the same day. Names of arrested persons include:
o
Ali Mohamed Noor
o
Ahmed Awad Alkareem
o
Ali Taha
o
Numan Abd Azim
o
Nagi Khider
o
Hssan Karar
o
Abd Alhadi Hassan Abd Almagid
o
Fadl Alah Ahmed
o
Hafiz Alsir
o
Ahmed Eltayb
o
Abd Albari Khalifa
o
Yasseen Albushra
o
Hussain Mohamed Ahmed
o
Ali Ahmed Mohamed Ahmed Ali
o
Elsadig Omer Almahi
o
Tarig Mohamed
o
Osman Ibrahim Osman
o
Mussa Taha
o
Mohamed Said Haj Noor
o
Hassan Mohamed Ahmed
o
Abd Albari Mohamed Almodathir
o
Hussain Baih
o
Mohamed Said
Unfair Trials

Article 34 of the National Interim Constitution includes a number of fair trial guarantees,
including the right to the presumption of innocence, to be promptly informed of charges, to
a prompt trial and to legal assistance. Unfortunately, many trials in Sudan still do not meet
these criteria.

•
On 14 April, the Sudanese government executed nine people who may have been
innocent after they were convicted of the murder of newspaper editor Mohamed Taha
in September 2006. The nine men had confessed, but those confessions were extracted
under torture. The nine men were Ishaq Mohammed Sanousi, 71 years old, Abdel Hay
Omar, Mustafa Adam, Mohammed Birgid, Hassan Adam Fadel, Adam Ibrahim,
Jamaleddin Isa, Abdel Magid Ali Abdel Magid and Sabir Hassan. The confessions were
considered by the court on the basis of Article 10 (i) of the Law of Evidence of 1993,
which states that: "… evidence is not dismissed solely because it has been obtained
through an improper procedure, if the court is satisfied that it is independent and
admissible."

•
On 22 May, a Khartoum Court sentenced another nine Darfur rebels for their
participation in an attack on Khartoum in May last year, raising the total number of
those sentenced to death to 91. As yet, none have been executed. However, JEM and
Amnesty International have each reported that these individuals are being held in
inhumane conditions and may have been tortured. The men were captured and
imprisoned during the May 2008 attack. A group of 50 was sentenced to death during
July and August 2008, and 10 more on 15 April 2009, 11 on 22 April, and another 11 on
26 April. Lawyers for those convicted had only one week in which to file an appeal.
•
The Sudanese government and the Justice and Equality Movement (JEM) have agreed to
exchange prisoners of war (POWs) as part of the Doha negotiations. However, the
government of Sudan insisted that unless JEM signs a ceasefire agreement, the POWs
will not be released, despite their previous commitments. This the first time the GoS has
referred to JEM prisoners as POWs, making a mockery of the trials in which JEM
prisoners were not recognized as combatants, and subsequently sentenced to death
since May 2008. Some of these convicted individuals remain imprisoned in inhumane
conditions, and many have been tortured. These individuals are protected under
international law by the Third Geneva Convention relative to the Treatment of Prisoners
of War, which articulates in Article 4 defines who should be considered protected by the
Convention and includes captured military personnel, some guerrilla fighters and certain
civilians. The Geneva Convention on POWs applies from the moment a prisoner is
captured, until he or she is released or repatriated. and provides that prisoners may not
be tortured, and can only be required to give their name, date of birth, rank and service
number (if applicable).
Freedom of Movement

•
On 19 April, national security authorities at Khartoum International Airport
prevented Popular Conference Party leader Dr. Hassan El Turabi from travelling to
Doha and confiscated his diplomat passport. Dr. El Turabi was on his way to France
through Doha.
•
On 8 May 2009, Mandate Darfur, an initiative to facilitate dialogue among
Darfurians, was forced to cancel a civil society conference to be held in Addis Ababa,
Ethiopia, due to the Sudanese government preventing delegates from leaving the
country. Sudanese security services also reportedly harassed Mandate Darfur
delegates, confiscated passports, and threatened the conference coordinators in
Sudan. Some delegates were refused exit visas from Sudan.
Sexual and Gender Based Violence

•
UNAMID documented 12 incidents of sexual and gender-based violence involving 34
victims, in April and May 2009. Victims reported, in the majority of cases, that the
perpetrators were dressed in military uniforms.
This report is a publication of the African Centre for Justice and Peace Studies, for more
information or to subscribe to our mailing list please e-mail [email protected].