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 Re: Human Rights Practices of Sudan -2002 (US human rights report-03/31/200 (Re: sudani)
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Insurgent forces were responsible for a number of civilian injuries and for raping women. For example, early in the year, SPLA-affiliated forces attacked a camp that contained approximately 18,000 internally displaced persons (IDPs) at Mbiya, killing a tribal leader and raping numerous women. According the HRW, there were instances of rape and other abuses in Raga, Western Bahr el-Ghazal. HRW inquiries with the SPLM/A regarding these attacks, including the alleged killings in Tuhubak (see Section 1.a.), went unanswered.
During the year, both sides laid landmines indiscriminately on roads and paths, killing and maiming both soldiers and civilians.
Conditions in government prisons remained harsh, overcrowded, and life threatening. Most prisons were old and maintained poorly, and many lacked basic facilities such as toilets or showers. Health care was primitive, and food was inadequate. Prison officials arbitrarily denied family visits to prisoners. High-ranking political prisoners reportedly often enjoyed better conditions than did other prisoners.
The Government routinely mistreated persons in custody. In June 88 members of the Rizeigat tribe in Nyala, including 2 14-year-old children, were beaten badly while in custody. The tribal members were arrested following armed clashes with the Ma'aliya tribe. In July the 88 persons were charged and tried for the crimes of murder, armed robbery, and public disturbance and were sentenced to death.
Female prisoners were housed separately from men and rape in prison reportedly was rare.
Minors often were held with adults. In order to care for their children, many women prisoners were forced to take their children with them into the prison. Inside the prison, the children were unable to receive an education. In December it was reported that 652 women and 161 children were incarcerated at Omdurman prison with 12 of the women awaiting trial.
The Government did not permit regular visits to prisons by human rights observers. No independent domestic human rights organizations monitored prison conditions.
In previous years, prisoners reportedly have died while in SPLM/A custody due to poor prison conditions. The SPLM/A gave the ICRC access to approximately 550 POWs in 12 camps in southern Sudan but denied ICRC access to POWs in Kapoeta and Torit following battles there. The ICRC reported that living conditions in SPLM/A prisons were similar to living conditions for the general southern population. Some prisoners were released due to poor health.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest and detention without charge; however, in practice the Government continued to use arbitrary arrest and detention under the state of emergency provisions. Under the Constitution and the Criminal Code, an individual may be detained for 3 days without charge, which can be extended for 30 days by order of the Director of Security and another 30 days by the Director of Security with the approval of the prosecuting attorney. Under the amended National Security Act, which supercedes the Criminal Code when an individual is accused of violating national security, that individual may be detained for 3 months without charge, and the detention is renewable by the Director of Security for another 3 months. Under the state of emergency, the Government was not constrained by the National Security Act and could detain individuals indefinitely without judicial review, which reportedly it did. Persons arrested by government security forces often were held incommunicado for long periods of time in unknown locations without access to their lawyers or family members.
The law allows for bail, except for those accused of crimes punishable by death or life imprisonment.
In general the Government detained persons for a few days before releasing them without charge or trial; however, detentions of PNC and NDA members generally were much longer. There were unconfirmed reports that security forces tortured, detained without charge, and held incommunicado members of the PNC. In addition to detentions, government security forces frequently harassed political opponents by summoning them for questioning, forcing them to remain during the day without questioning, and then ordering them to return the following day. This process sometimes continued for days.
Authorities continued to detain political opponents of the Government during the year. Dr. Hassan Al-Turabi, former Speaker of the National Assembly and head of the PNC, was arrested in February 2001 and charged with posing a threat to national security and the constitutional order because he signed a MOU with the SPLM/A calling for citizens to rise against President Bashir. Al-Turabi subsequently was placed under house arrest. In August a presidential decree renewed Al-Turabi's detention for another year, and he was moved from house arrest to a maximum-security prison then to a house owned by the Government. He remained in detention at year's end.
A number of journalists were arrested and detained during the year (see Section 2.a.). In July security forces arbitrarily arrested 11 leaders of the Fuur tribe for reporting recent attacks by members of Arab militia.
Security forces continued to detain persons because of their religious beliefs and activities (see Section 2.c.). Generally detentions based nominally on religion were of limited duration; however, the Government routinely accused persons arrested for religious reasons of common crimes and national security crimes, which resulted in prolonged detention.
Security forces often targeted southern women in IDP camps because they produced and sold a traditional home-brewed alcohol. Such women were arrested and imprisoned for up to 6 months under Shari'a (see Section 1.c.).
There were reports that detainees were abused and tortured while in custody (see Section 1.c.).
There was no information on whether 10 to 12 civilians, including Ishmael Mohammad Ibrahim and Dr. Najib Nigom El Din, remained in custody at year's end, and there was no information on persons who remained in detention from 2000.
During the October battle to recapture the southern garrison town of Torit, the Government imprisoned 24 SPLM/A as POWs. They were under indefinite detention at year's end.
In September and October, SPLM/A officials detained local staff members of international humanitarian organizations on suspicion of espionage and holding sensitive information. Each of these persons was held without charge for approximately 2 weeks before being released. In response to these organizations' concerns about the arbitrary arrest of their staff, the SPLM/A has responded that the security forces have the right to take whatever action was necessary to assure SPLM/A security.
The law prohibits forced exile, and the Government did not use it; however, opposition leaders remained in self-imposed exile at year's end.
e. Denial of Fair Public Trial
The judiciary was not independent and largely was subservient to the Government or the President. The Chief Justice of the Supreme Court was nominated by a Judiciary Committee and appointed by the President. As the senior judge in the judicial service, the Chief Justice also controlled the judiciary. On occasion some courts displayed a degree of independence. For example, appeals courts on several occasions overturned decisions of lower courts in political cases, particularly decisions from public order courts.
The President appoints the Constitutional Court's seven members. Within the regular court system, there were civil and criminal courts, appeals courts, and the Supreme Court.
The judicial system included four types of courts: Regular courts, both criminal and civil; special mixed security courts; military courts; and tribal courts in rural areas to resolve disputes over land and water rights and family matters. The 1991 Criminal Act governs criminal cases, and the 1983 Civil Transactions Act applies in most civil cases. Shari'a was applied in the north. There continued to be reports that non-Muslims were prosecuted and convicted under Shari'a "hudud" laws. Courts did not apply formally Shari'a in the south. Public order cases were heard in criminal courts.
The Constitution provides for fair and prompt trials; however, this was not respected in practice in many cases. Trials in regular courts nominally met international standards of legal protections. The accused normally had the right to an attorney, and the courts were required to provide free legal counsel for indigent defendants accused of crimes punishable by death or life imprisonment; however, there were reports that defendants frequently did not receive this right and that counsel in some cases could only advise the defendant and not address the court. In some cases, courts refused to allow certain lawyers to represent defendants.
Military trials, which sometimes were secret and brief, did not provide procedural safeguards. Military trials sometimes have taken place with no attorney permitted and did not provide an effective appeal from a death sentence. Witnesses may be permitted to appear at military trials.
The Special Courts Act created special three-person security courts to deal with a wide range of offenses, including violations of constitutional decrees, emergency regulations, some sections of the Penal Code, as well as drug and currency offenses. Special courts, on which both military and civilian judges sat, handled most security-related cases. Attorneys could advise defendants as "friends of the court" but normally could not address the court. Lawyers complained that they sometimes were granted access to court documents too late to prepare an effective defense. Sentences usually were severe and implemented at once; however, death sentences were referred to the Chief Justice and the Head of State. Defendants could file appellate briefs with the Chief Justice. The special civilian tribunals, which were supposed to operate in the border regions that separated the north and south, were not operational during the year.
In 2001 the Government established emergency tribunals in the western part of the country to try banditry cases. The emergency tribunals were composed of civil and military judges. Defendants were not permitted access to legal representation. The emergency tribunals ordered sentences such as death by stoning and amputations during the year. Sentences ordered by emergency tribunals were carried out quickly with only 1 week allowed for appeal to the district chief justice; there were reports that persons were executed the day after sentencing. Emergency tribunals ordered executions during the year. For example, according to AI, on May 14, numerous men in the Darfur region were hanged after being convicted of robbery by emergency tribunals. While executions by stoning were ordered, none were carried out. Executions were by hanging.
Lawyers who wished to practice must maintain membership in the government-controlled Bar Association. The Government continued to harass and detain members of the legal profession who it viewed as political opponents.
Civil authorities and institutions did not operate in parts of the rebel-held south and the Nuba Mountains. Parts of the south and the Nuba Mountains fell outside effective judicial procedures and other governmental functions. According to credible reports, government units summarily tried and punished those accused of crimes, especially for offenses against civil order.
Magistrates in SPLM/A-held areas followed a penal code roughly based on the 1925 Penal Code. The SPLM had a judicial system of county magistrates, county judges, regional judges, and a court of appeals. While officials have been appointed for most of these positions, the court system did not function in many areas due to lack of infrastructure, communications, funding, and an effective police force. Some cases were heard at the magistrate and county levels. The SPLM recognized traditional courts or "Courts of Elders," which usually heard matters of personal affairs such as marriages and dowries, and based their decisions on traditional and customary law. Local chiefs usually presided over traditional courts. Traditional courts particularly were active in Bahr el-Ghazal. The SPLM process of conducting a needs assessment for the courts continued during the year. In rural areas outside effective SPLM control, tribal chiefs applied customary laws.
There was an unknown number political prisoners in the country, although the Government maintained that it held none. The Government usually charged political prisoners with a crime, which allowed the Government to deny their status as political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The Constitution provides for the inviolability of communication and privacy; however, the Government routinely interfered with its citizens' privacy. Security forces frequently conducted night searches without warrants, and they targeted persons suspected of political crimes. Government forces occupied PNC offices during the year. In the north, security forces also searched the residences of persons suspected of making alcoholic beverages, which were illegal under Islamic law (see Section 1.d.).
Security personnel routinely opened and read mail and monitored telephones. The Government continued to restrict the ownership of satellite dishes by private citizens through use of its licensing requirement. A wide network of government informants conducted pervasive surveillance in schools, universities, markets, workplaces, and neighborhoods.
The Government razed some squatter dwellings; however, the practice continued to decrease in frequency.
Government forces pursued a scorched earth policy aimed at removing populations from around the oil pipeline and other oil production facilities, which resulted in deaths and serious injuries (see Section 1.g.). Government armed forces burned and looted villages and stole cattle (see Section 1.g.).
The Government continued to conscript citizens forcibly for military service, including high school age children (see Section 5).
A Muslim man may marry a non-Muslim, but a Muslim woman cannot marry a non-Muslim, unless he converts to Islam (see Section 5); however, this prohibition was not observed or enforced universally, particularly in the south and among Nubans. Non-Muslims may adopt only non-Muslim children; no such restrictions apply to Muslim parents.
The insurgent SPLM/A generally was not known to interfere with privacy, family, home, or correspondence in areas that it controlled; however, rebel factions continued to conscript citizens forcibly, including high school age children.
During the year, there were reports that the SPLA forcibly recruited Sudanese refugees in northern Uganda for service in their forces.
g. Use of Excessive Force and Violations of Humanitarian Law in Internal Conflicts
Since the civil war resumed in 1983, more than 2 million persons have been killed and more than 4 million persons displaced as a result of fighting between Government and insurgents in the south, interethnic conflict, and famine. The principal antigovernment faction was the SPLM, the political wing of the SPLA. In 1995 a coalition of internal and exiled opposition parties in the north and the south created the NDA as an antigovernment umbrella group. This broadened the scope of the civil war, making it a center-periphery rather than just a north-south conflict.
In 1994 the IGAD peace initiative promulgated the Declaration of Principles, which aimed to identify the essential elements necessary to achieve a just and comprehensive peace settlement: The relationship between religion and the state, power sharing, wealth sharing, and the right of self-determination for the south. After several unsuccessful peace efforts, the Government and the SPLM/A again met for peace negotiations in Machakos, Kenya, under the auspices of the IGAD. On July 20, the two sides signed the historic Machakos Protocol that resolved two of the most contentious issues in the civil war: The role of religion and the state during an interim period and the right of self-determination for the south. The terms of the Protocol called for a 6½-year interim period and a referendum for southerners in which they could vote to remain unified with the north or vote for secession. Talks continued through July and August, were suspended in September, and resumed in October. The next round of talks was scheduled for January 2003.
In the southern war zone, the SPLA controlled large areas of the states of Equatoria, Bahr el-Ghazal, and Upper Nile and also operated in the southern portions of the states of Darfur, Kordofan, and Blue Nile. The Government controlled a number of the major southern towns and cities, including Juba, Wau, and Malakal. During the year, military activity intensified throughout the south. All sides in the fighting were responsible for violations of humanitarian law. In the second half of the year, the SPLM attacked and captured the government garrison towns of Kapoeta and Torit. In late September, the Government recaptured Torit; however, the SPLM/A and its northern allies launched a military offensive along the border with Eritrea that led to the capture of the symbolically important town of Hamesh Khoreb and the displacement of several thousand local inhabitants. The Government continued efforts to strengthen its control of the oil producing areas in Western Upper Nile. Government forces routinely killed, injured, and displaced civilians, and destroyed clinics and dwellings intentionally during offensive operations. There were confirmed reports of government-allied militia intentionally attacking noncombatant civilians, #####ng their possessions, and destroying their villages. Despite having signed a Cessation of Hostilities Agreement with the SPLM in October, the Government and allied militia launched a series of military actions on December 31.
As part of the Agreement on the Protection of Civilians from intentional military attack, the Government and the SPLA agreed to allow the international community to form a Civilian Protection Monitoring Team (CPMT). Located in Rumbek and Khartoum, the team was staffed with expert personnel experienced in investigating allegations of military attacks against civilians. On December 15, the CPMT released the report of its first investigation, the bombing at Lui/Mundri. The details of the report included recommendations on what both sides could do to prevent future unintentional attacks on civilians. The CPMT also initiated an investigation into the military attacks that took place in Western Upper Nile at year's end.
The Government and government-associated forces implemented a scorched earth policy along parts of the oil pipeline and around some key oil facilities. These forces have injured persons seriously, destroyed villages, and driven out inhabitants in order to create an uninhabited security zone. There was a significant increase in indiscriminate government bombing of civilian locations in September and October. The bombings often were associated with military actions by both sides or continuing government efforts to clear the population from near the oil producing areas in Western Upper Nile and adjacent areas.
During the year, the Government's PDF militia reportedly attacked several villages in northern Bahr el-Ghazal, killing civilians, abducting women and children, stealing cattle, #####ng and burning villages, raping women, and displacing persons. For example, on February 9, a government helicopter gunship attacked the village of Akuem in Western Bahr el-Ghazal killing 2 children and injuring 10 others. There was no known action taken against the responsible PDF members by year's end. At year's end, Government-allied militias attacked villages in Western Upper Nile, abducting the inhabitants and #####ng their possessions.
In his August report the U.N. Special Rapporteur for Human Rights in Sudan reported aerial bombings by Government forces. On May 22, government planes reportedly dropped 16 bombs between Mayam and Manken, killing 15 persons and seriously injuring 35 others. On the same day, government planes reportedly dropped 16 additional bombs on Rier, killing 11 persons and injuring 95 others. In June government airstrikes killed 34 civilians.
The Government also conducted bombing raids that targeted NGOs and impeded the flow of humanitarian assistance to the south. For example, on February 20, a government helicopter gunship attacked a World Food Program (WFP) distribution compound in Bieh, Western Upper Nile, killing 17 civilians and injuring dozens of other persons. The Government later announced that an investigation would be held; however, the results of the investigation were not made public and it was not known if any disciplinary action was taken by year's end.
There was no known action taken in the 2001 cases of government aerial bombings.
In addition to bombings that have made humanitarian assistance difficult, the Government routinely denied flight clearances during the year. In September the Government banned all relief flights to Eastern and Western Equatoria. It prohibited flights over these provinces, effectively halting OLS operations for more than 2 weeks. The Government frequently denied visas and work permits to foreign humanitarian workers and aircraft clearances to the U.N.'s OLS. A subsequent agreement between the Government and OLS resulted in greater humanitarian access; however, complete unrestricted access, particularly in the areas of Southern Blue Nile and the east, was not granted.
Government forces, antigovernment insurgents, and military militias loyal to both sides raped women and forcibly conscripted men and boys.
Despite an agreement to stop using antipersonnel mines, during the year both sides continued to lay mines. A government militia raided a relief center at Mading and placed landmines in an NGO compound, forcing the permanent evacuation of the center. Reportedly the SPLA continued to lay landmines in Eastern Equatoria for defense purposes. Injuries continued to occur during the year from landmines previously laid by the Government to protect garrison towns and from landmines left by the SPLM/A and its allies during the war.
Insurgent forces routinely displaced, killed, and injured civilians and destroyed clinics and dwellings intentionally.
The SPLM/A has taken a number of POWs over the years. The SPLM/A often cooperated with the ICRC and allowed regular visits to the POWs (see Section 1.c.). The SPLM/A released a limited number of POWs for health reasons during the year. The Government did not permit access to POWs for any reason and did not return any POWs during the year.
The ICRC cooperated with UNICEF to remove child soldiers during the year.
There were credible reports of SPLM/A taxation and occasional diversion of relief supplies. The SPLM/A leadership repeatedly committed itself to eliminating these problems; however, in practice it appeared unable to impose consistently those commitments on its forces in the field. During the year, there were reports that SPLA-allied forces attacked international relief organizations, which jeopardized relief operations. In addition, there were reports that the Sudan Relief and Rehabilitation Association diverted humanitarian food to the SPLA or its allied forces and that humanitarian food was diverted in general.
During the year, a joint-monitoring commission was established in the Nuba Mountains to monitor a ceasefire. Conditions in the Nuba Mountains region had improved dramatically by year's end.
Section 2 Respect for Civil Liberties, Including:
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فيس بوك
تويتر
انستقرام
يوتيوب
بنتيريست