Sudan Page 1 of 243 BEHIND THE RED LINE Political Repression in Sudan Human Rights Watch/Africa Human Rights Watch Copyright © May 1996 by Human Rights Watch. All rights reserved. Printed in the United States of America. Library of Congress Catalog Card Number: 96-75962 ISBN 1-56432-164-9 ACKNOWLEDGMENTS This report was researched and written by Human Rights Watch Counsel Jemera Rone. Human Rights Watch Leonard H. Sandler Fellow Brian Owsley also conducted research with Ms. Rone during a mission to Khartoum, Sudan, from May 1-June 13, 1995, at the invitation of the Sudanese government. Interviews in Khartoum with nongovernment people and agencies were conducted in private, as agreed with the government before the mission began. Private individuals and groups requested anonymity because of fear of government reprisals. Interviews in Juba, the largest town in the south, were not private and were controlled by Sudan Security, which terminated the visit prematurely. Other interviews were conducted in the United States, Cairo, London and elsewhere after the end of the mission. Ms. Rone conducted further research in Kenya and southern Sudan from March 5-20, 1995. The report was edited by Deputy Program Director Michael McClintock and Human Rights Watch/Africa Executive Director Peter Takirambudde. Acting Counsel Dinah PoKempner reviewed sections of the manuscript and Associate Kerry McArthur provided production assistance. This report could not have been written without the assistance of many Sudanese whose names cannot be disclosed. CONTENTS GLOSSARY xi 1 SUMMARY AND RECOMMENDATIONS 1 2 ARBITRARY ARREST AND ADMINISTRATIVE OR PREVENTIVE DETENTION 28 THE APPLICABLE LAW 28 THE NATIONAL SECURITY ACT OF 1995 33 THE REALITY 38 THE ROLE OF THE SUPREME COURT 38 http://hrw.org/reports/1996/Sudan.htm 03/02/2004 Sudan Page 2 of 243 TREND TOWARD RESTRICTION OF RIGHTS 41 PROLONGED ARBITRARY DETENTION 43 ARRESTS OF SADIQ AL MAHDI AND UMMA PARTY MEMBERS 45 MASS RELEASES OF MAY 1995 AND AUGUST 1995 47 OTHER ARRESTS: 1995 AND 1996 49 NO ICRC ACCESS TO PERSONS DETAINED IN CONNECTION WITH THE CONFLICT (PRISONERS OF WAR) 51 DAILY REPORTING AS A FORM OF HARASSMENT 53 3 TORTURE AND DEATH IN DETENTION 55 THE APPLICABLE LAW 55 SECURITY DETENTION FACILITIES AND CONDITIONS OF DETENTION 61 Ghost Houses 61 CITIBANK GHOST HOUSE BEFORE MARCH 1995 62 "CLOSING" OF CITIBANK GHOST HOUSE IN MARCH 1995 67 Kober Prison Security Facilities 67 Other Places Of Detention 70 DEATHS IN DETENTION 71 TORTURE AND CRUEL, INHUMAN OR DEGRADING TREATMENT 74 4 IMPUNITY 79 CASES OF IMPUNITY 80 Torture of Brig. (Ret.) Mohamed Ahmed al Rayah al Faki 80 Abd al Hafiz Ahmed al Bashir 83 http://hrw.org/reports/1996/Sudan.htm 03/02/2004 Sudan Page 3 of 243 Abdul Wahab al Beshir 85 Faisal Hassan Omar 87 Relief Agency Employees and Others: Juba, 1992 88 CASES IN WHICH CONVICTIONS HAVE BEEN UPHELD OR ARE BEING REVIEWED 90 Yousif Ali Yousif 90 Al Juzuuli Idris Abdulmajid 91 5 FUNDAMENTAL FAIRNESS IN THE JUDICIAL SYSTEM AND THE NORTH-SOUTH DIVIDE 93 THE APPLICABLE LAW 94 FAIR TRIAL 96 Military Tribunals 96 Summary Execution of Twenty-Eight Officers Tried by Military Tribunal in 1990 96 Other Military Tribunal Cases 98 Civilian Court: The Explosives Case 100 DEATH PENALTY 103 Death Sentences in Civilian Courts 103 Death Sentences in Military Tribunals 106 Conditions of Executions 107 PRISON CONDITIONS 108 The Kober Prison Population 108 Political Prisoners 110 Transfers of Political Prisoners 111 Omdurman Prison for Women 112 Conditions Deteriorate at Omdurman Prison; Prisoner Releases 114 CONFISCATION WITHOUT DUE PROCESS http://hrw.org/reports/1996/Sudan.htm 03/02/2004 Sudan Page 4 of 243 IN SECURITY CASES 115 THE LAW AND THE NORTH-SOUTH DIVIDE 117 6 POLICING SOCIETY 127 PUBLIC ORDER AND BEHAVIOR POLICE AND THE LAWS THEY ENFORCE 129 Abuses by Public Order and Behavior Police 132 Public Order Courts 133 CREATION AND POWERS OF THE PEOPLE'S POLICE FORCE 135 People's Police Force Compared to the Regular Police 137 DEPLOYMENT OF COMPREHENSIVE SECURITY POLICE 137 Abuses by Deployment of Comprehensive Security Police 138 ABUSES BY NIF MASS ORGANIZATIONS AND NEIGHBORHOOD GROUPS 139 ABUSES BY THE CENTRAL RESERVE FORCE AND OTHER UNITS OF THE REGULAR POLICE 140 7 POLITICAL AND CIVIL RIGHTS 142 FREEDOM OF EXPRESSION AND THE PRESS 142 The Applicable Law 142 Controls Before the 1993 Press Law 145 The 1993 Press and Printed Materials Law 146 Suspension and Closure of Newspapers and Detention of Their Owners and Journalists 151 Restrictions on Journalists and Writers 157 The Arrest of Sadiq al Mahdi and Free Speech in Mosques 158 http://hrw.org/reports/1996/Sudan.htm 03/02/2004 Sudan Page 5 of 243 Attacks on Clandestine Presses, Universities and Other Unauthorized Fora 159 Access to Foreign News and Fax Machines 161 Lack of Remedy for Unauthorized Confiscation of Printed Materials 162 FREEDOM OF ASSOCIATION 163 The Applicable Law 163 The Government's Derogation from the Right to Freedom of Association 166 Political Parties 168 Trade Unions and Professional Associations 172 Government Trade Union Legislation 175 Other Nongovernmental Associations 178 Violations of Freedom of Association 179 RIGHT OF PEACEFUL ASSEMBLY AND THE CONDUCT OF LAW ENFORCEMENT OFFICERS IN CONTROLLING DEMONSTRATIONS 181 The Applicable Law 182 Relatives of Twenty-Eight Officers Demonstrate 184 Police Violence During Evictions and Demolitions of Squatter Settlements 188 Student Demonstrations and Police Conduct 192 FREEDOM OF RELIGION 193 The Applicable Law 202 Christians 204 Arrest of Church Leaders 205 The Attempt to Register Churches http://hrw.org/reports/1996/Sudan.htm 03/02/2004 Sudan Page 6 of 243 as "Voluntary Societies" 209 Church Construction and Demolition 211 Church Schools and Teaching of Religion in Government Schools 213 Religion in Prisons 216 Muslims 216 RIGHT TO MOVEMENT 220 The Applicable Law 221 Travel Bans on ex-Security Detainees 223 The Travel Ban Imposed on Human Rights Activist Dr. Ushari Mahmud 223 Internal Movement 225 Human Rights Watch's and Other Foreigners' Experience in Juba and Other Garrison Towns 227 Restrictions on Travel Abroad 229 Attendance at Conferences Abroad 231 Women 232 STUDENTS' FREEDOM OF ASSOCIATION AND EXPRESSION RIGHTS AND POLICE CONDUCT 232 Student Demonstrations in September 1995 232 Detentions Following Demonstrations, and Due Process 239 Further Targeting of Ahliya University 242 Background: The University of Khartoum 246 SQUATTERS AND INTERNALLY DISPLACED PERSONS IN KHARTOUM 252 Due Process Rights for Squatters and Displaced 254 http://hrw.org/reports/1996/Sudan.htm 03/02/2004 Sudan Page 7 of 243 Lack of Due Process in Relocation from Khoder, October 1994, and Other Sites 258 Popular Committees and Freedom of Association: Angola 265 NATIONAL SERVICE AND POPULAR DEFENSE FORCES 268 National Service 269 The Popular Defense Forces Militia 273 Tribal PDFs 274 Controlling Minority Populations 280 PDF Training 281 Students in the PDF 284 Civil Servants, Doctors, Women and Tribal Leaders 287 Prisoners 290 Mass Mobilizations 291 8 ABUSES BY ALL PARTIES IN THE WAR 293 THE APPLICABLE LAW 298 VIOLATIONS BY GOVERNMENT ARMY AND MILITIA 306 Bombing 306 Taking Children and Women Slaves as War Booty 307 The Government's Garrison Towns 315 Government Militia 318 VIOLATIONS BY THE REBEL FORCES 323 Nuer/SSIA Attack Akot in October 1994, Killing 106 323 SPLA-aligned Raiders Attack Ganyliel in July 1995, Killing 210 325 The Forcible Disappearance of Dr. Karlo Madut 327 http://hrw.org/reports/1996/Sudan.htm 03/02/2004 Sudan Page 8 of 243 Looting and Taking Hostages by All Parties to the Conflict 330 Looting of Relief Barge and Holding Crew and Relief Personnel Hostage in May 1995 331 Doctors Captured in Upper Nile by Government and Released in Exchange for SPLA Hostages, May-June 1995 334 Combatants Captured by the SPLA and SSIA 338 Lafon Declaration Purportedly Grants Amnesty to Both Sides in Faction Fighting 340 SSIM/A Court Martials Struck down by Convention 340 SPLA and Looting in Labone: the Duty to Investigate 342 GLOSSARY Ansar Sudanese Muslim religious sect headed by Sadiq al Mahdi; base of the banned Umma Party Ansar al Sunna a traditional Islamic sect calling for the revival of the traditions of the prophet Mohamed Anya-Nya the southern Sudanese rebel army of the first civil war, 1955-72 Anya-Nya II rebel south Sudanese forces who, together with former members of the Sudanese army, formed the SPLA in 1983; also, some of those forces that defected from the SPLA later in 1983 and became a militia force of Nuer in Upper Nile province supported by the Sudanese government; several Anya-Nya II groups over the years were wooed back to the SPLA Baggara Arabized tribes of western Sudan; their name means cattle herders Citibank Ghost House a secret detention facility run by Sudan Security, called "Citibank" because it was in a house behind the high-rise office building where Citibank used to have its Khartoum office DUP Democratic Unionist Party, junior partner in several 1986-89 coalition governments, associated with the Khatmiyya traditional Islamic sect and its spiritual leaders, the Mirghani family Dawa Islamiyya large Islamic nongovernmental organization that engages in relief work in over fifteen African countries Dinka a southern Nilotic people originating in Bahr El Ghazal and Upper Nile E.U. European Union http://hrw.org/reports/1996/Sudan.htm 03/02/2004 Sudan Page 9 of 243 "ghost house" secret place of detention hudud - offenses of six major offenses in Islamic law with penalties prescribed