A/HRC/27/69
VI. Subsisting human rights challenges
31.
The practical human rights challenges identified in the Independent Expert’s
previous report are still subsisting to a great extent. The situation was compounded by other
notable human rights encroachments that occurred during the reporting period. To realize
the necessary improvements to the human rights situation on the ground, the Government
needs to fully address all the following human rights challenges effectively.
A.
Human rights violations during the September 2013 demonstrations
32.
In September 2013, there were oil-subsidy demonstrations across Khartoum State,
which resulted in fatal shootings, injuries and destruction of property, leading to the arrest
and detention of many demonstrators. The international community called for a thorough
investigation of the human rights violations that had occurred during the demonstrations.
On enquiry, the Independent Expert was informed by the Government in December 2013
that it had set up two committees to investigate the September incidents. During his mission
to the Sudan in February 2014, the Independent Expert had urged the Government to
release the report of its investigations on time. Consequently, the Government presented the
Independent Expert with a written report at the end of his mission to the Sudan in June
2014. A summary of the report is provided below with, for accuracy, specific quotations
from relevant sections.
33.
The report was prepared and issued by the Office of the Chief Prosecutor of
Khartoum State and entitled: “A brief report on the acts of violence of September 2013”. It
consists of an introduction and four main sections entitled, “What happened?”, “How did
the public prosecution manage the fallouts of the incidents?”, “Cases of death”, “Why the
investigation is yet to identify the shooters?”, and a “Conclusion”. The members of the
investigating committee are not disclosed in the report.
34.
The introduction states how the prosecutor prepared for possible demonstrations
following the economic reform measures taken by the Government. Measures taken aimed
to: (a) “secure and escort the demonstrations until the end of the manifestations of
expression of protest”; (b) “ensure the protection and safety of public facilities in case of
any potential threat to such facilities”; and (c) “ensure not to resort to the use of force save
in case of necessity, exercise the utmost self-control and not respond to instances of
provocation that might be made by some demonstrators”. In the “What happened?” section,
the report gives information about how the protests started and suddenly turned violent with
demonstrators attacking and destroying public and private properties. It then states that:
The police dealt with those serious developments to the extent that could protect the
individual and private and public property. The result of that was as follows:
(1) Occurrence of loss of lives amounted to 85 dead. (2) Infliction of heavy damage
on public and private ownerships. (3) Many injuries amongst individuals and
security organs personnel. (4) A big number of suspects were arrested under charges
of criminal mischief and theft (sections 69, 77, 182, and 174 of the Criminal Act
1991).
35.
The section entitled “How did the pubic prosecution manage the fallouts of the
incidents?” provides information on the visit of prosecution attorneys to the two mortuaries
in Khartoum “to assume the exercise of the preliminary procedures which include issuing
orders of post-mortem, delivery of bodies of the deceased to their kindred and examining
complainants and witnesses, where applicable”. The prosecution attorneys also visited
places of custody to supervise the situation of detainees who were classified into three
categories:
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