A/HRC/7/22
page 7
III. NORTHERN SUDAN
19. In northern Sudan, despite the potential for democratic transition and the optimism created
by the Interim National Constitution and the Bill of Rights, violations of civil and political rights
remain widespread.
20. The National Intelligence and Security Services (NISS) continue to arrest and detain
people for prolonged periods of time without charges and legal representation, and frequently
without the possibility to receive family visits. Detainees are reported to be held incommunicado
for weeks or months, and in some cases longer, without being brought before a judge. Reports of
torture and ill-treatment are frequent. In some cases, torture is practised to force confessions that
are later used to implicate those detained in criminal cases in court. These violations of the right
to liberty and security and to a fair trial are directly related to the fact that the 2001 National
Security Forces Act, under which individuals are arrested and detained, contravenes human
rights guarantees contained in the Interim National Constitution and international human rights
law and standards.
21. Since September 2006, over 70 people of Darfurian origin have been arrested in Khartoum
in the context of an investigation into the murder of Mohamed Taha, editor of the newspaper
Al Wifaq. In February 2007, 19 people were charged with the murder and taken to court. At the
end of August 2007, nine defendants, including two women, one of whom was a minor, were
acquitted and released after nearly a year of detention. The court found that, in the absence of
confessions by these defendants, the material evidence presented by the investigators was
insufficient to obtain convictions. On 10 November 2007, the 10 remaining defendants,
including a 71-year-old and a minor aged 17, who was 16 years old at the time of the crime, were
found guilty and sentenced to death by a court in Khartoum North. Defence lawyers are
appealing the judgement.
22. The convictions were almost exclusively based on confessions which the defendants made
after being detained incommunicado for up to four months. This raises serious concerns on the
lack of respect of basic human rights guarantees in pretrial detention. There have been reports by
defendants, their families, defence lawyers and former detainees that many of the detainees were
subjected to torture or ill-treatment to force confessions implicating them or other detainees in
the murder. The defendants did not have access to legal counsel when their confessions were
taken by the judge, and some of them were not informed that they were being taken before a
judge and that their statements were being registered as confessions. The court failed to
investigate claims that defendants gave confessions extracted under torture or other cruel,
inhuman and degrading treatment. The court also failed to grant medical examinations to the
defendants, as requested by their lawyers at the beginning of the court case, that could have been
used to support claims of ill-treatment in detention.
23. On 31 December 2007, 31 individuals accused of planning a coup against the State in July
were set free following a public pardon by the President. The accused, who had been held in
detention for over five months, included prominent political figures such as Mubarak Al Fadil,
leader of the Umma Reform and Renewal Party, and Ali Mahmoud Hassanein, deputy chairman
of the Democratic Unionist Party. Mubarak Al Fadil had been released ahead of the pardon,
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