A/HRC/7/22
page 9
were being detained because of their opposition to the dam and because of their open criticism of
Government policy in relation to the dam. One of them was reportedly arrested to force his
brother, who is an active opponent of the dam, to turn himself in.
30. These arrests were part of a pattern of arbitrary arrests and prosecutions in an apparent
effort to stifle community protests against the Kajbar dam project. Only days prior to the latest
wave of arrests, seven people who had been detained because of their campaigning activities
against the dam project were released without charge after over two months of detention by
NISS. Another five people were sentenced to fines in Khartoum for alleged public order offences
and for “provoking hatred” because they distributed information about an event on the Kajbar
dam.
31. Khartoum media are still subject to restrictions on freedom of expression through
case-by-case censorship, imposition of public information bans and use of criminal legislation.
Since mid-August, representatives of NISS have reportedly been visiting the print houses and
offices of several national Arabic newspapers to inspect the editions of the papers prior to
printing. On several occasions, NISS officers were reported to have ordered the removal or
replacement of articles and columns from the printing plate. Since the beginning of 2007, a
number of public information bans have been imposed preventing newspapers from reporting on
court cases of public interest concerning human rights violations. Most recently, on
27 December, local newspapers reported that the prosecution office of the press had issued a ban
on public reporting on all criminal cases that were under investigation.
32. In addition to the above cases of media restrictions, domestic laws can be used to place
limitations on the media. The 2004 Press and Printed Materials Act contains numerous
provisions which may be used to curb criticism and does not contain clear guarantees for the
protection of the freedom of expression of media practitioners. The Act also puts in place various
restrictions and protocols that make it difficult for new media sources to come into existence. Its
application is supervised by the Press Council, a body that is generally perceived to lack political
independence. Certain provisions of other laws, such as the Criminal Code and the Criminal
Procedure Act, have also been used to restrict the freedom of the press.
33. Three journalists and human rights defenders were summoned and questioned by NISS in
Khartoum on 5 and 6 November. The three people, who are known defenders of the freedom of
the press, believe that the summons and questioning were carried out to intimidate them and
discourage them from their activities.
34. On 5 November, they were summoned and kept waiting for over six hours at the political
department of NISS in the Bahri district of Khartoum. In the afternoon, an NISS official
informed them that they should return the following morning. On the following day, the three
people were questioned in separate rooms for several hours each. They were reportedly asked
about their personal lives and about different human rights and journalist groups in whose
activities they participate, or whose activities they know about, among them the Sudan
Organization Against Torture, the Khartoum Centre for Human Rights, and groups of journalists
working on the freedom of the press. They were reportedly questioned about the organizations’
structures, their sources of funding and the activities they conduct, among other things on the
freedom of the press, elections and human rights issues. They were released without charge but
told that they would be contacted again for further investigation.
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