A/HRC/6/19
page 66
According to testimonies from some of those detainees who have been released, reports by
lawyers and family members, and statements made by the defendants in court, the statements
were extracted under torture and other forms of ill-treatment during the initial period of
detention. During this period, the defendants were held incommunicado in the police-run
Forensic Evidence Department and Criminal Investigations Department, as well as in NISS
detention facilities in Khartoum. Defendants have stated in court that during the police
investigation they were forced to make statements in front of a judge who registered them as
“confessions”. All of those who registered “confessions” later retracted their statements in court,
saying that they had been tortured and told by the police investigators what to say.
According to reports by former detainees, the prosecutor responsible for overseeing the
police investigation failed to respond to evidence that the detainees were being subjected to
torture and ill-treatment. Some of the detainees reportedly still bore traces of torture when they
were brought to trial, but the court failed to order medical examinations of the detainees to
determine their causes, despite being requested by defence lawyers. While the court did not order
investigations into the allegations of torture, it has recognized that the statements of the
remaining ten defendants were extracted under duress and will be given less weight in court
evidence. Released defendants who reported that they had been subjected to torture stated that
they will not be lodging complaints because they did not believe that such complaints would be
investigated by the Sudanese judiciary.
(iii) Lack of accountability for summary executions, arbitrary detention, forced
disappearances and torture
The group of experts received various allegations of arbitrary detention and forced
disappearances, torture and summary executions during recent months, including the following
examples: On 30 June 2007, in Nyala (South Darfur) market, two secret policemen, wearing
civilian clothes arrested nine men. They detained them in a secret police office next to Nyala
Wasat police station. Six policemen allegedly severely beat all of the men with sticks. They were
arrested due to suspicion of stealing and released on 1 July 2007. In Al Daein, South Darfur,
three men were being held on suspicion of possessing stolen goods. They were first arrested and
detained by Military Intelligence and later transferred to the custody of the NISS before being
handed over to the police. One of them reported that he had been severely beaten while being
interrogated by Military Intelligence personnel. The other two did not report any ill treatment.
After spending a total of nine days in various detention facilities, the men were released on bail
after the police failed to bring charges against them. Their detention exceeded the time limit
allowed by law. The men had been released on bail pending police investigation but no formal
complaint had been filed against them.
On 14 July 2007, in Omdurman IDP camp, El Salaam, one 30 year old civilian was shot.
On the same day, in Al Daein, South Darfur, three men including two national staff of an
international NGO were arrested by Military Intelligence on suspicion of stealing a car. The men
were interrogated but were never charged with an offense. Nevertheless, military intelligence
continued to hold them in detention. Friends and relatives have been granted limited supervised
access to visit them in detention.
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