A/HRC/27/69
D.
Arrests and detentions of political opponents and youth activists
46.
On 17 May and 8 June 2014 respectively, two leading opposition political figures,
Sadiq al-Mahdi, leader of the National Umma Party, and Ibrahim al-Sheikh, leader of the
Sudanese Congress Party, were arrested and detained by the Government for making public
statements against attacks conducted in Darfur by the Government’s Rapid Support Force.
The Independent Expert raised concerns about the arrest and detention of the two political
leaders with the Government during his mission in June and requested that they should
either be released or charged to court. Subsequently, Mr. Al-Mahdi was released on 15 June
without charges, while Mr. Al-Sheikh and other members of the Sudanese Congress Party
are currently still being detained. In compliance with the State’s obligation to respect and
ensure the right to liberty and freedom of individuals, the Independent Expert urges the
Government to release Mr. Al-Sheikh and all other political detainees forthwith or charge
them to court if there are any legitimate charges against them.
47.
Some youth activists, including Muhammad Salah, Taj Elsir Jaafar and Muammer
Musa Muhamed, were arrested and detained by the National Intelligence and Security
Service for months without charges. On the basis of reports received by the Independent
Expert alleging torture of the detained youths, he requested, during his mission in June, to
see Mr. Salah in prison to verify his condition. Regrettably, his request was refused by the
Service. In a briefing note to the Independent Expert on 24 June, the Service alleged that
Mr. Salah was being detained and investigated for “instigating hatred and abetting the
breach of order and advocating for toppling the constitutional regime by use of force and
violence”. The Independent Expert then urged the Service to either charge him to court or
release him forthwith. The three youth activists were subsequently released on 11 July
without any charges. The Independent Expert urges the Government to order the release of
all other youth activists currently being detained by the Service or charge them to court if
there are any established charges against them.
48.
The fear of arbitrary arrests and detentions by the National Intelligence and Security
Service continues to be a major cause of intimidation of political opponents and other civil
activists in the Sudan. This creates an impediment to the full enjoyment of the right to
liberty and security as guaranteed under article 29 of the Sudanese Constitution and article
9 of the International Covenant on Civil and Political Rights to which the Sudan is a State
party. The Independent Expert urges the Government and its security agents to desist from
arbitrary arrests and detentions and to fully respect and ensure the right to liberty and
freedom of individuals.
E.
National dialogue and constitutional/political process
49.
The President of the Sudan issued a reform document on 27 January 2014 which
specified a four-point national agenda, focusing on: (a) peace and security — aimed at
reaching a sustainable peace agreement with rebel groups through dialogue that would be
incorporated in the new constitution; (b) political reforms and democratization — aimed at
pursuing democratic reforms to ensure civil liberties; (c) economic reforms — aimed at
poverty reduction to eliminate claims of marginalization; and (d) national identity — aimed
at resolving the country’s identity problem and making citizenship the basis of all rights.
This document led to the so-called “national dialogue” to move the constitutional and
political process in the Sudan forward.
50.
During the Independent Expert’s mission to the Sudan in February 2014, the
Minister of Justice and other senior government officials stressed that the national dialogue
and four-point agenda proposed by the President would be effectively pursued by the
Government as a means of improving the political, social and human rights situation in the
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