A/HRC/36/63
18.
On 8 March 2017, the President decided to pardon 259 armed movement personnel
who had been captured fighting government forces. That number included 66 fighters who
had been sentenced to death. This was a welcome development that the Independent Expert
hopes will go a long way towards fostering confidence and trust among the parties. In
addition, on 11 May 2017, two pastors who had been sentenced to 12 years’ imprisonment
were released from custody after a presidential pardon. The Independent Expert was also
informed of the appointment on 16 May 2017 of the Chair of the National Commission for
Human Rights.
IV. Main human rights challenges
19.
The Independent Expert would like to commend the Government for taking some
concrete steps in certain areas towards the implementation of his previous
recommendations. In particular, he welcomes the separation of the Minister of Justice from
the Office of the Attorney General, and the efforts undertaken in order to facilitate
humanitarian access to conflict-affected areas in Darfur, Southern Kordofan and Blue Nile.
20.
In spite of those positive steps, the Independent Expert remains concerned about a
number of human rights issues in the country that are still largely unaddressed.
A.
Harassment of human rights defenders and curtailment of civil society
actors
21.
The Independent Expert received reports of incidents of harassment, arrests and
prolonged detention of representatives of civil society organizations, without access to legal
representation or to their families.
22.
In that regard, serious concerns were raised in relation to the case of Hafiz Idris and
Mudawi Ibrahim Adam, among others. Mr. Hafiz, an internally displaced person activist
from Northern Darfur, was arrested in Darfur by national security officers on 24 November
2016 and forcibly transferred to Khartoum. On 8 December 2016, Mr. Mudawi, a human
rights defender, founder and Chair of the Sudan Social Development Organization, was
arrested by national security officers along with his driver. A few days later, Nora Abaid,
an accountant from Mr. Mudawi’s engineering company, was also arrested by national
security officers. Another individual, a human rights defender, was arrested for having tried
to reach Mr. Mudawi on his mobile telephone as he was not aware of his arrest. All of those
persons were detained at the National Security Service premises in Khartoum.
23.
While the driver, the accountant and the other human rights defender were released
in March 2017, Mr. Mudawi and Mr. Hafiz are still held in custody to date. Their case was
transferred to the Office of the Public Prosecutor on 21 and 22 February respectively. The
Public Prosecutor charged them with espionage and undermining the constitutional order,
and they are currently facing trial. According to Sudanese law, the accusations against Mr.
Mudawi and Mr. Hafiz could result in the imposition of the death penalty should there be a
guilty verdict. The Independent Expert reiterates his call on Sudanese authorities to release
Mr. Hafiz and Mr. Mudawi, as he believes that they are being held solely for their
legitimate work on protecting and promoting human rights in the Sudan.
24.
Tasneem Taha, a Sudanese lawyer and human rights defender, was arrested in
Darfur at the end of 2016 and forcibly transferred to Khartoum, where she was detained by
the National Security Service. She was released in March 2017 and has since left the
country.
25.
The Independent Expert notes with concern that the state of emergency in Darfur
continues to curtail fundamental rights and freedoms. Arbitrary arrests and prolonged
detentions without judicial oversight are being carried out by the security apparatus,
invoking emergency and/or national security legislation. He calls on the Government of the
Sudan to repeal emergency laws in Darfur.
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents