A/HRC/45/53
V. National accountability mechanisms
A.
Investigations on cases against leaders of former regime
67.
Following the fall of the former regime, in April 2019, the new authorities issued
warrants of arrest against 23 leaders of the former regime, in accordance with the
Emergency and Protection of the Public Safety Act of 1997. Those leaders include ousted
President Al-Bashir and two of his high-ranking assistants, who account for three of the
five Sudanese nationals indicted by the International Criminal Court for war crimes and
crimes against humanity in Darfur. The Independent Expert received information that
leaders of the former regime had been detained in Kober Central Prison in Khartoum and
that their files had been referred in November 2019 to the Attorney General. Since then,
investigations have been initiated against them with regard to several cases, and monthly
renewals of their pretrial detentions have been taken by the Criminal Court of Khartoum on
the basis of requests from the prosecutors, in accordance with the Criminal Procedures Act
of 1991. As of the time of writing, 4 of the 23 detainees had been released on bail.18
68.
Available information suggests that most of the 19 current detainees are facing
charges relating to unjust enrichment and use of public resources for private benefit. Some
are facing other charges, including murder and torture of opponents. It is not clear if those
charges include crimes committed in Darfur.
69.
On 14 December, the ousted President was convicted of money-laundering and
corruption and was sentenced to two years in a State-run reform centre; however, he
remains detained in Kober Central Prison in Khartoum.
70.
The Independent Expert received information that the Attorney General, in his
capacity as the Head of the investigation committee on the coup d’état of 1989 issued on 31
March warrants of arrests against 36 other suspects, among them, 16 out of the 19 detained
leaders of the former regime. Overall, 30 suspects have been arrested and6 remain at large.
Later on, the Attorney General released 11 out of 30 on bail after the finalization of the
investigation. As of the time of this report, 19 suspects are under arrest for the case of the
coup d’état of 1989.
71.
At a press conference held on 15 June, the Attorney General stated that
investigations were concluded and formal charges were made in five cases against the
leaders of the former regime including the case of the coup d’état of 1989, corruption cases,
and a case against an officer from the Rapid Support Forces accused of killing protestors
during the December 2018 Revolution. The Attorney General added that appointments of
public trials will be announced soon, and courts would observe coronavirus precautions.
72.
According to a public statement made by the Office of the Attorney General on 27
May 2020, three detainees among the leaders of the former regime had tested positive for
the coronavirus,19 including two of those indicted by the International Criminal Court. The
Attorney General also stated that no other COVID-19 cases had been recorded among the
prison community, including inmates and prison guards. The Attorney General also
confirmed that the necessary treatment in these cases was being provided in specialized
medical facilities, and that isolation measures were being taken.
73.
The Independent Expert urges the Attorney General to take the appropriate actions
to ensure the conclusion of the investigations against the detained leaders of the former
regime, and to refer them for fair trials, as prolonged detentions undermine the detainees’
civil liberties.
18
19
14
The four who have been released are Abou Huriyra Hussein, Kamal Abudelgadir, Mamoun
Homaidah and Adam El Fiky, the former Governor of South Darfur.
The statement listed Ahmed Mohamed Haroun, former presidential advisor; Abdulel Rahim
Mohamed Hussein, former Wali of Khartoum State and former Minister of Defence and Interior; and
Ali Osman Mohamed Taha, the former Vice-President.
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