A/HRC/40/CRP.1
8.
Post-Release Surveillance
Even after detainees have been released, many of them continue to be under
surveillance and threat. Some are required to report regularly to the security services or are
prohibited from travelling. Furthermore, a number of witnesses told the Commission of being
detained on multiple occasions of the course of many years. Some witnesses recounted
attempts to re-arrest them, resulting in them living in hiding or continuously relocating.
Others continue to be harassed, threatened and surveilled including in neighbouring
countries. One witness told the Commission:
I started receiving phone calls. I was traumatised […]. Each time, a man talking in
Arabic would tell me: “I know [where] you are, we have our people there, surrender
or we will come to take you back to South Sudan”. I have never gone back to South
Sudan since then and I keep moving […]. The last call that I received was on
31 December 2018. I am very scared.442
9.
Lasting Effects of Arbitrary Detention, Torture and Cruel, Inhuman or Degrading
Treatment
Even after release, detainees have continued to suffer the consequences of their
detention and have struggled to rebuild their lives. In addition to ongoing threats and
surveillance discussed above, former detainees continue to suffer from physical and
psychological trauma as well as difficulty rebuilding careers and family connections after
long periods of absence. As one witness put it: “Anyone who tells you that life is normal
after being detained isn’t telling the truth.”443
The Commission has found upon medical examination of a number of released
detainees that many survivors continued to exhibit physical and psychological symptoms
consistent with sustained torture and inhuman detention conditions. Additionally, some
continued to suffer from curable skin infections, fungal diseases and scabies likely acquired
while in detention, due to inadequate access to health care for prolonged periods of time.
A number of those to whom the Commission spoke expressed the need for
psychological support after their release:
I never actually went for the counseling services because I thought my case wasn’t as
bad as it could have been. However, after seeing the way it has affected me, it is
important for employers and health care providers to follow up with others who have
had similar experiences of being detained.444
The effects of prolonged and arbitrary detention not only has an effect on detainees
themselves but also their families. One witness mourned:
You can walk out of detention and find that your family is not where you left them,
you no longer have a house and you don’t know how to re-start your life... your life
can end up in a total mess […] My life has been brought to zero. All of the resources
I had accumulated are now gone. […] I am completely starting over with nothing. My
children are not being educated... The time when they were supposed to receive the
best education in their lives is now over... I was supposed to provide for them as their
father. The trauma still resides inside of me because when I go home, there is no food.
My children just look at me... I used to be a real father who could provide for them
and now my children just stare at me... What did I do for my whole family to deserve
this punishment and suffering? […] If I was to be taken to court, I should have been
taken to court, but I was tortured inside of there and just released like nothing
happened… If I was a criminal, I would not be sad… but this is my pain… the life my
family had, compared to the life they live today is a shock to them. I wish there was
some form of justice…445
442
Witness 1070, ERN 102270-102274, para. 13.
Witness 960, ERN 102089-102111.
444 Witness 906, ERN 101769-101782, para. 38.
445 Witness 950, ERN 101955-101979.
443
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