On 21 September 2015, Alkarama transmitted its submission to the Stakeholder's Summary in view of the Sudan's second Universal Periodic Review (UPR) by the United Nations Human Rights Council (HRC) which is expected to be held during its 25th Session in April-May 2016. In its submission, Alkarama stressed that despite the adoption of a National Action Plan for the protection of human rights for the period 2013-2023, the situation since Sudan's first UPR review in 2011 had not changed and that torture, unfair and military trials and violations of the rights to freedom of expression and of association were still prevailing in the country.
The UPR is a mechanism that aims to assess the human rights record of each United Nations' Member State by the Human Rights Council (HRC) every four years. During each review, UN Member States make recommendations on human rights to the country under review, which can either accept or reject them.
Torture
In its submission, Alkarama stressed that the practice of torture in Sudan is institutionalised, partly because the authorities have constantly refused to ratify the UN Convention against torture (UNCAT) and that Sudanese criminal law does not efficiently address it. Additionally, laws such as the National Security Act of 2010 (NSA) provides immunity for National Intelligence and Security Services (NISS) for abuses committed during their duties, which favours ill-treatment and torture such as in the case of three young activists arrested and tortured in May 2014. Alkarama thus recommended Sudan to repeal the National Security Act and related legislative acts, to ratify the UNCAT and to guarantee justice for torture victims.
Arbitrary detention
Alkarama also made observations regarding arbitrary detention in Sudan. In fact, under the NSA, the NISS continues to benefit from extended powers to arrest individuals with complete discretion and to detain them without charges and judicial supervision in particularly harsh conditions. Thus, many opponents and human rights defenders are arrested by the NISS in retaliation for their peaceful activism, such as Dr Amin Mekki Medani, a high-profile activist arrested in December 2014 together with other political opponents. The NISS also has resort to enforced disappearances against alleged political opponents, such as Babacar Moussa Issa, a member of the Arab Socialist Ba'ath party who disappeared following his abduction by the NISS in late August 2015.
Unfair trials
In addition to these elements, international fair trial rights such as the right to a lawyer or the prohibition of evidence obtained under duress are often breached, especially under the 2001 Anti-Terrorism Act. Furthermore, the authorities have broadened the jurisdiction of military courts to judge civilians, even though "civilians should not be tried by military courts, as such courts cannot be considered independent and impartial tribunals for civilians" according to Opinion n°10/2014 of the UN Working Group on Arbitrary Detention (WGAD). Thus, Alkarama recommended Sudan to end the trial of civilians before military courts, to amend the Anti-Terrorism Act and related criminal legislation, and to ensure that conditions of detention are meeting the UN Standard Minimum Rules on the Treatment of Prisoners.
Disrespect of rights to freedom of expression, opinion, peaceful assembly and association
Finally Alkarama stressed that the rights to freedom of expression and opinion as well as to peaceful assembly and association were still flouted by the authorities. One of the main reasons, again, is the fact that the NISS is entitled to act discretionary when it comes to these freedoms. As a consequence, independent media continue to face censorship, while journalists keep on being harassed and peaceful protesters to be brutally repressed by the NISS. Finally, it is very difficult for associations to register and operate freely in the country and political parties also encounters difficulties to promote their activities. Alkarama therefore recommended that laws be amended or adopted to ensure that these freedoms are respected and implemented and to end the arrest and harassment of peaceful protesters, journalists and human rights defenders.
Concerned about the persistent and ongoing serious human rights abuses in the country, Alkarama therefore calls on the State to take urgent measures to remedy to it, in particular to:
- Ratify the Convention against Torture (UNCAT) and enforce it internally by adopting new laws;
- Repeal the National Security Act of 2010 (NSA) and the Anti-Terrorism Act of 2001;
- End the arbitrary detention of peaceful opponents, journalists and human rights activists and guarantee the prosecution of individuals responsible of abuses;
- End the military trials of civilians;
- Guarantee the free enjoyment by every citizen of their rights to freedom of expression, opinion, association and of peaceful assembly.
"The situation in Sudan is distressing and the international community has been so far unable to correctly address the situation in the field," said Thomas-John Guinard, Alkarama Regional Officer for the Nile. "The upcoming UPR of Sudan in 2016 could be the occasion to urge the authorities to take effective measures to remedy the situation but also to hold them accountable for their failure to implement the recommendations it had accepted during its first review in 2011."
For more information or an interview, please contact the media team at media@alkarama.org (Dir: +41 22 734 1008).