National Security in Khartoum interrogates children of detained activist
African Centre for Justice and Peace Studies
Contact: Osman Hummaida, Executive Director
Phone: +44 7956 095738
E-mail: [email protected]
6 May 2011 — On 31 January, the National Intelligence and Security Services (NISS) arrested Adil Ibrahim Karar, a 56 year old civil engineer, from a bookshop in Omdurman. Mr. Karar is a political activist who has been arrested and tortured several times previously, and was in poor health at the time of his most recent arrest. The reasons for Mr. Karar’s arrest are unclear, and seem to have been precipitated by the 30 January demonstrations calling for regime change and his perceived involvement. He is currently being held by the NISS in an unknown location in Khartoum, and the African Centre’s latest information on his condition indicates that he has not yet received medical attention and his health is deteriorating.
Mr. Karar was subjected to torture when he requested pain medication for back pain and arthritis caused by prior torture. He was locked in a small storage room without ventilation, and forced to stand for several hours during the day and night.
Mr. Karar’s family has advocated strongly for his release, sending applications on the 3rd and 22nd of March, and 5th of April requesting that the government charge him with a reasonable offence or release him immediately. They never got any reply from the NISS. On 27 April, the NISS took his wife and two children, Ibrahim (18), and Amro (13), to the NISS offices in Khartoum Bahri and interrogated them from 6:30 AM to 3:30 PM. Since then, they have been threatened and harassed by the police.
The interrogation of Mr. Karar’s family and their continued harassment of them, particularly Amro, who is only 13 and a child, violate international standards and causes additional mental anguish to Mr. Karar. The African Centre calls on the Government of Sudan to release Mr. Karar immediately or charge him with an internationally recognised offence. Torture, arbitrary arrest, and incommunicado detention are all in contravention of Sudan’s international commitments, and constitutionally forbidden. Article 7 of the International Covenant on Civil and Political Rights (ICCPR) and Article 5 of the Universal Declaration of Human Rights (UDHR) all forbid torture and other forms of cruel, inhumane, and degrading treatment. The Interim National Constitution (INC) bans torture explicitly under Article 33, and Article 30 guarantees humane conditions of detention. Article 9 of the UDHR and ICCPR both guarantee that no one be subjected to arbitrary arrest, detention, or exile. Articles 29 and 34 of the INC guarantee against arbitrary arrest and deprivation of liberty, and for detainees to be promptly informed of the reasons of their arrest and charges quickly brought against them.
In addition, the African Centre calls on the government of Sudan to reform domestic laws that contribute to the continued practice of torture, including Article 10 of Sudan’s 1993 Evidence law that allows for the inclusion of testimony obtained through “improper procedures”.
Finally, detainees in pre-trial detention are tremendously vulnerable to torture as NISS agents are under pressure to produce evidence and have immunities under the 2010 National Security Act (NSA) for acts committed in the line of work and with “good intentions”. Mr. Karar has been held over three months, a clear violation of the NSA. Under the NSA, detention without charge can last up to three months, after which detainees must be charged and allowed access to a court. Furthermore, detainees can only be held for three months should they pose a threat to the safety and security of the people, are plotting against the country, or are disrupting peace and inciting political violence. It is unclear how Mr. Karar fits this description.
The NISS must comply with domestic legislation that includes custodial safeguards and protections for detainees. Further, a Comprehensive Bill of Rights similar to the INC’s that guarantees that basic rights are respected must be inserted into Sudan’s new constitutional arrangements as the INC expires in July. Mr. Karar’s detention and the interrogation of his family show a disturbing lack of respect by the NISS for the legislation that governs their own institution, and severely diminishes the National Congress Party’s legitimacy even further as they prepare to enter the crucial post-interim period.