A/HRC/13/42*
page 125
political dissidents. Detainees were often held for several months without charge or access to a
lawyer or their families. The locations in which NISS detainees were held sometimes remained
unknown.474
267. Of particular concern for the purposes of the present study are the cases of the men
detained in the aftermath of the attack on Omdurman in May 2008 by rebels belonging to the
Darfurian Justice and Equality Movement. Following the attack, Government security forces
rounded up hundreds of Darfurians in the capital, the majority of them civilians. In August 2008,
it was reported that hundreds of these individuals were still held in undisclosed places of
detention and denied all contact with the outside world.
268. The experts interviewed one of the above-mentioned individuals, X.W., who explained
that, after being seized at his place of work, he was taken to the NISS Political Bureau of
Security Services in Bahri, Khartoum, near the Shandi bus terminal, where he was held in
incommunicado detention for nearly two months. Interrogated and tortured for five days, he was
then moved from a corridor, where those being interrogated were held, to a large hall where
about 200 detainees were held and where the lights were constantly on. Moved to Kober prison
in July 2008, he continued to be held in incommunicado detention. X.W. was released in
September 2008.475
269. While X.W. was at no stage brought before a judge or charged with any offence, many
others were brought before special anti-terrorism courts, which imposed death sentences in more
than 100 cases. In two communications to the Government of the Sudan, five special procedures
mandate holders drew the Government’s attention to reliable reports, according to which:
Following their apprehension, the defendants were held without access to the outside world
for over one month and were not given access to lawyers until after the trial proceedings
opened. Observers at the trials noticed that the defendants looked tired and appeared to be
in pain. The defendants complained that they had been subjected to torture or ill-treatment,
but the court did not investigate these allegations and refused to grant requests by the
defendants’ lawyers for independent medical examinations. In reaching their verdicts, the
courts relied as evidence primarily on confessions by the defendants, which the defendants
said they were forced to make under torture and ill-treatment and which they retracted in
court. The court made reference to the Sudanese Evidence Act, which permits the
admission to judicial proceedings of statements obtained by unlawful means.476
474
A/HRC/11/14, para.32.
475
Interview with X.W. (annex II, case 21).
476
Urgent appeals of 11 August and 24 September 2008, sent by the Special Rapporteur on
extrajudicial, arbitrary or summary executions, the Special Rapporteur on the independence of
judges and lawyers, the Special Rapporteur on the promotion and protection of human rights
while countering terrorism, the Special Rapporteur on the situation on human rights in the Sudan
and the Special Rapporteur on the question of torture, report of the Special Rapporteur on
extrajudicial, summary or arbitrary executions (A/HRC/11/2/Add.1), p. 385.
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