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Human Rights Concerns and Barriers to Justice in Sudan: National, Regional and International Perspectives

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Human Rights Concerns and Barriers to Justice in Sudan: National, Regional and International Perspectives Human Rights Concerns and Barriers to Justice in Sudan: National, Regional and International Perspectives A compilation of Sudan Law Reform Advocacy Briefings February 2014 Table of Contents: I. Introduction ........................................................................................................................................... 1 II. Implementing the Prohibition of Torture in Sudan ............................................................................... 2 1. Prevention ............................................................................................................................................... 2 2. Accountability ......................................................................................................................................... 3 3. Lack of effective remedies and reparation ............................................................................................. 4 4. Recommendations .................................................................................................................................. 4 III. Reforming Sudan’s Law on Immunities ................................................................................................. 6 1. Reviewing Sudan’s immunity laws .......................................................................................................... 6 2. The nature and role of immunities in Sudan’s legislation ...................................................................... 7 3. Compatibility of immunities with Sudan’s obligation to investigate and prosecute torture and other serious human rights violations .................................................................................................................. 7 3.1 Overview ............................................................................................................................................... 8 3.2 Compatibility of Sudan’s immunities laws with relevant international standards ............................... 9 3.3 Findings ............................................................................................................................................... 10 4. Compatibility of immunities with Sudan’s Obligation to provide effective remedies and the right to reparation ................................................................................................................................................. 11 4.1 Overview of applicable standards ...................................................................................................... 11 4.2 Compatibility of Sudan’s immunities laws with relevant internatinal stadards ................................. 12 5. Conclusion and recommendations ....................................................................................................... 12 IV. Protecting the Right to Peaceful Protest in Sudan .............................................................................. 14 1. Introduction .......................................................................................................................................... 14 2. Protest and human rights in Sudan ...................................................................................................... 14 3. Sudan’s international obligations pertaining to demonstrations ......................................................... 16 3.1 Freedom of assembly .......................................................................................................................... 16 3.2 Use of force: Prohibition of torture and ill-treatment and right of life .............................................. 20 3.3 Accountability and remedies in case of breach .................................................................................. 23 4. The need for reforms ............................................................................................................................ 24 5. Recommendations ................................................................................................................................ 24 V. Compilation of Key Recommendations Made by Regional and International Humans Rights Bodies to the State Party ..................................................................................................................................... 26 1. Introduction .......................................................................................................................................... 26 2. Legislative Reform................................................................................................................................. 28 2.1 Constitutional Review ......................................................................................................................... 28 2.2 Statuory Law ....................................................................................................................................... 29 2.2.1. Serious human rights violations ..................................................................................................... 29 2.2.2. Administration of justice, particularly criminal justice ................................................................... 32 2.2.3. Rights of women ............................................................................................................................. 37 2.2.4. Rights of the child ........................................................................................................................... 37 2.2.5. Press and Civil Society ..................................................................................................................... 38 I I. Introduction The reforms aimed at strengthening human rights protection and the rule of law set out in Sudan’s 2005 Comprehensive Peace Agreement and the Interim National Constitution have largely remained unfulfilled. Developments following the separation and independence of South Sudan in 2011 demonstrate the persistence of deep-seated structural problems. These developments have been characterised by a deepening political and economic crisis, multiple conflicts on both sides of the border and ongoing human rights violations. The need for respect for human rights and the rule of law in Sudan is therefore as strong as ever. The current constitutional review and legal and institutional reforms are at the heart of this process. The Project for Criminal Law Reform (www.pclrs.org), a joint initiative by REDRESS and the Sudanese Human Rights Monitor, has identified a series of shortcomings in Sudan’s legal system, particularly in respect of Sudan’s international human rights obligations, and advocated reforms over the last seven years. This Compilation of Advocacy Briefings, which covers four briefings published in the period May 2013 to January 2014 (available at http://www.pclrs.org/english/updates), highlights a number of key areas of concern. These includes torture, immunities as a barrier to justice and the right to protest, which have been the subject of concerns and debates in the period covered. In addition, this Compilation draws together the multiple recommendations made by regional and international human rights bodies, which serve as a yardstick for any measures taken by Sudan and advocacy tool for civil society actors. Many of these recommendations reflect the suggestions made in various publications and submissions by the Project over the years, most of which are referenced when discussing specific recommendations (see below at V). The implementation of these recommendations remains an imperative and prerequisite for a state committed to respect for human rights, justice and accountability. 1 II. Implementing the Prohibition of Torture in Sudan The prevalence of torture in Sudan is a long-standing concern. In the wake of the end of the Interim Period of the Comprehensive Peace Agreement and the separation of the country in 2011, the human rights situation has deteriorated, characterised by the outbreak and intensification of armed conflicts, as well as repression of protests and civil society. Recourse to torture continues unabated, and there are a series of well documented cases of torture by national security agents and others targeting political opponents, human rights defenders, students, and members of marginalised communities. Sudan is a party to several relevant international treaties prohibiting torture, including the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child and the African Charter on Human and Peoples’ Rights. These treaties are also an integral part of Sudan’s Bill of Rights. Sudan is therefore obliged to take measures aimed at preventing torture, responding to allegations of torture by means of prompt, impartial and effective investigations and prosecutions, and providing effective remedies and reparation. Over the last decade, national, regional and international actors have identified a series of problems in the Sudanese legislative and institutional framework and practice in relation to the prohibition of torture. However, the Government of Sudan has not taken measures to effectively combat torture. No anti-torture policy or coordinated efforts are in place that tackle the causes of torture through legislative and institutional reforms or adequate responses in individual cases. Such a policy would need to be based on Sudan’s obligations under international law and its constitution. To this end, it
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