A/HRC/27/69
Category One, which includes minors under the age of 18, were immediately
released on personal guarantees by their guardians. They were all released within a
few hours following their arrest. Category Two, includes adults against whom no
adequate evidence was available in relation to acts of sabotage and looting. They
were released on ordinary bail. Category Three, which includes the persons against
whom there was prima facie evidence to their involvement in acts of theft, looting
and sabotage. The public prosecution decided to keep them in custody pending
completion of investigation and estimation of the financial bail for their release.
36.
The section on “Cases of death” consists of 10 paragraphs and is fully reproduced
for accuracy as follows:
(1) The public prosecution immediately initiated preliminary investigations pursuant
to section 51 of the Criminal Procedure Act (death in mysterious circumstances) for
each case. (2) Post-mortem order forms were issued for all of the dead bodies, and
the public prosecution received the reports of the two mortuaries in relation to all the
bodies. (3) The public prosecution examined the complainants and some witnesses
who were present at the time of the incident or who helped in the ambulance
operation. (4) The public prosecution designed a uniformed formula in which all the
information pertaining to the deceased persons, places of the incidence, causes of
death … etc. were registered. Such forms were consolidated in one report to the
Prosecutor-General. (5) The public prosecution summoned the relatives of deceased
persons to appear before the investigating authorities and to submit any information
which might assist in the investigation. (6) Through the review of the death cases it
is evident that the deceased persons represented 31 ethnical groups from the various
Sudanese tribes. Deceased women were three. One security officer was among the
deceased. (7) The number of bodies taken to hospitals and mortuaries without
identifying the circumstances surround[ing] their death or being availed of medical
service were 25. (8) In 5 cases witnesses have identified the persons who fired at
deceased persons. Though the testimony of those witnesses was hearsay, the public
prosecution gave it considerable attention. (9) During post-mortem, firearm bullets
were found in 7 bodies of the deceased. The bullets were sent to the criminal
laboratory for inspection. (10) There was one case in which investigation was
concluded and referred to trial by the competent court. The court, after hearing the
case, made its judgement acquitting the accused for lack of sufficient evidence. The
prosecutor in charge filed an appeal to the Court of Appeal.
37.
The section on “Why the investigation is yet to identify the shooters?” answers that
question in three paragraphs as follows:
(1) In all the cases there is no any eyewitness who could specifically identify the
person who fired, whether by recognizing [t]his person, the plate number of his
vehicle, the number of the patrol or the force commander, where regular forces were
allegedly the shooter. What complicated the matter even more was that the police
and security forces were moving throughout sporadic areas of Khartoum State
according to the need for dealing with cases of violence, looting and sabotage,
therefore, we have been encountered by a difficulty in identifying the forces
operating in the location concerned. (2) There were about 25 casualties found in
hospitals and mortuaries most of them had been transferred there by demonstrators
who did not wait to be questioned. (3) There were certain cases of persons who did
not take part in the demonstrations but were hit by stray bullets.
38.
The conclusion of the report was that:
(a) The demonstrations referred to, cannot be described as peaceful protests because
the demonstrations targeted public and private property causing damages,
10
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