South Sudan: IGAD Partners Forum re-affirms continued support to the peace process in South Sudan (22.01.2018)

As part of the continuous engagement with stakeholders of the High-Level Revitalization Forum (HLRF) on South Sudan, State Minister Hirut Zemene and IGAD Special Envoy for South Sudan, Ambassador Ismail Wais briefed members of the IGAD Partners Forum (IPF) on Monday (January 22).

During the briefing session, Co-Chairs of the meeting State Minister Hirut and Ambassador Wais have given particular emphasis on two major issues. They have, primarily, pointed out that despite violations, the signing of Cessation of Hostilities, Protection of Civilians, and Humanitarian Access in Addis Ababa on December 21st was pivotal to ensure stability in the country. Co-Chairs noted violators would be singled out and be accountable.

The Co-Chairs have praised the AU Commission, the IGAD Special Envoy for the Republic of South Sudan, the IGAD Partners Forum, the High-Level Co-Facilitators of the HLRF, the AU High-Level ad-hoc Committee, JMEC, the UN, the Troika and the International Community, who have tirelessly worked to ensure the signing of the Agreement ahead of the expected time.

The second point the Co-Chairs raised was that those few violations will not undermine the next phase of the HLRF scheduled to be held on the 5th of February, 2018.

Praising the efforts being exerted by the IGAD towards ensuring a long-lasting peace in South Sudan, Members of the IPF have with one voice pledged their continued support to the Revitalization Process.

South Sudan: JMEC Demands Full Support for CTSAMM (22.01.2018)

SPLM-IO: Response to IGAD Special Envoy – Ismail Wais (19.01.2018)

South Sudan: SSNMC – “News of a thwarted kidnapping attempt on SSNMC Chairman Bangasi Joseph Bakosoro (18.01.2018)

Sudan: Urgent call for investigation into the custodial death of a Pharmacist whilst National Intelligence and Security Service (NISS) detention in South Darfur (17.01.2018)

Mr. Ahmed’s family rejected the findings of the report and insisted that he died as a result of torture suffered whilst in NISS custody.

KHARTOUM, Sudan, January 17, 2018 – Sudanese authorities should urgently investigate the torture and custodial death of a Pharmacist and alleged ill-treatment and torture of five others accused of misusing emergency drugs at Giraida hospital and selling them to private pharmacies.

On 10 January 2018 at 9 AM, six medical professionals attached to Giraida hospital were arrested by NISS of Giraida, South Darfur and detained without charge for their alleged involvement in the illegal sale of emergency drugs from Giraida hospital, a government hospital, to private pharmacies. Five of the six detainees were released the following day, 11 January.  Available information suggests that the detainees were beaten and verbally assaulted by the NISS on their first day in custody.

The individuals who were released include:

  1. Adam Jar Elnabi, physician , Giraida hospital
  2. Salam Ahmed Adam , male, Medical Assistant, Giraida hospital
  3. Mubarek Hassan Osman , male ,Nurse, Giraida hospital
  4. Nor Aldeen Adam Hassan, male, Nurse, Giraida hospital
  5. Mohamed Yagoub Adam, male, Nurse, Giraida hospital

Following their release, the five personnel were ordered to report to the NISS office every day.

Mr. Ahmed Mohammed Ahmed, a pharmacist at Giraida hospital was held longer in custody and died on 12 January, after spending two days in custody.  According to information received, Mr. Ahmed was detained longer on account of his presumed affiliation with the Sudanese Congress Party. Mr. Ahmed is thought to have been severely tortured whilst in custody as his body showed signs of torture, including wounds sustained from a solid object.

On 12 January at 7 PM, the NISS took his body to Giraida Hospital. The Director of Graida hospital contacted Mr. Ahmed’s family to come and receive his body. The family refused to receive the body unless an autopsy was carried out by the hospital. The family reported that they were denied access to criminal form 8, a medical evidence form used in criminal proceedings related to death or grievous hurt.

On 13 January 2018 at 4 AM, the NISS transferred the body of the deceased to Nyala hospital, the main hospital in South Darfur state, under orders from the Commissioner of Giraida municipality. At Nyala hospital a medical report was issued and the findings indicated that Mr. Ahmed died of natural causes. However Mr. Ahmed’s family rejected the findings of the report and insisted that he died as a result of torture suffered whilst in NISS custody.

The African Centre for Justice and Peace Studies (ACJPS) calls on the Government of Sudan to immediately investigate the grave allegations and hold those responsible to account. The reported allegations of torture and the circumstances leading to the death of Mr. Ahmed should be the subject of an immediate, thorough, impartial, public and transparent investigation by the Sudanese authorities

The authorities should also guarantee the safety of Adam Jar Elnabi, Salam Ahmed Adam, Mubarek Hassan Osman, Nor Aldeen Adam Hassan and Mohamed Yagoub Adam and cease the harassment of the medical personnel. An investigation should be conducted into the allegations of torture or ill-treatment they faced whilst in custody.

ACJPS reiterates its call for law reform and calls on the Government of Sudan to adopt legislation that defines and criminalises torture in line with international standards including the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), provide effective access to justice and adequate reparation to victims of torture, and ensure that confessions obtained under torture are not used or accepted by courts under any circumstances. The Government should expressly denounce the use of torture by security agents to intimidate or extract confessions from persons in their custody.

Background

Sudanese authorities have been consistently implicated in the use of torture as a means of intimidation and to extract confessions. Despite the prohibition of torture in Sudan’s 2005 Interim National Constitution, other legislation, such as the 2010 National Security Act and 1994 Evidence Act, creates conditions rendering detainees extremely vulnerable to torture and ill-treatment. The 2007 Armed Forces Act, 2008 Police Act, and 2010 National Security Act each grant immunities to state actors.

The government of Sudan has repeatedly failed to ensure prompt, thorough, impartial and effective investigations into allegations of torture, ill-treatment and has failed to ensure effective remedies or provide reparation to the victims. Even in cases where the immunities mentioned above have been lifted, victims of torture have faced various barriers that make it extremely hard to report cases of torture. ACJPS is not aware of a single case where an alleged perpetrator of torture has been held to account. The ACHPR found in case 379/09 against Sudan that remedies are not available to people tortured by the NISS because the power to lift immunities is at the discretion of the director of the NISS and is not subject to judicial oversight.

South Sudan: CTSAMM Report 2018/03 – SGBV in the Juba Area, Central Equatoria (15.01.2018)

South Sudan: CTSAMM launces an investigation in Jonglei (17.01.2018)

South Sudan: SPLM Leaders FPD – “Press Statement – On Violation of COH Agreement of 21st December 2017” (15.01.2018)

Joint statement of the African Union and the United Nations on the situation in South Sudan (15.01.2018)

ADDIS ABABA, Ethiopia, January 15, 2018 – Joint statement of the African Union and the United Nations on the situation in South Sudan:

The Chairperson of the African Union Commission, Moussa Faki Mahamat, and the Secretary-General of the United Nations, António Guterres, strongly condemn the recent violations of the 21 December 2017 Agreement on Cessation of Hostilities, Protection of Civilians and Humanitarian Access in South Sudan.

They call on all South Sudanese fighting parties to immediately cease all hostilities, desist from undertaking any further military operations, and uphold their commitments to the 21 December 2017 Agreement. They further call on the parties to uphold their primary responsibility to protect civilians, adhere to international human rights and humanitarian law and ensure safe and unhindered humanitarian access.

The Chairperson of the African Union Commission and the Secretary-General of the United Nations underscore the determination of the international and regional community to ensure that the parties abide by their obligations and responsibilities. They affirm their intent to support the imposition of consequences, consistent with the African Union Peace and Security Council Communiqué of 20 September 2017, should the parties continue to violate their own Agreement.

They express their full support for the second phase of the High-Level Revitalization Forum (HLRF) under the leadership of the Inter-Governmental Authority on Development (IGAD). They call on the parties to participate in the Forum in good faith and with a view towards reaching a compromise and bringing South Sudan back to the path of sustainable peace.

The Chairperson of the African Union Commission and the Secretary-General of the United Nations reaffirm their belief that there can only be a political solution to the conflict in South Sudan, and the parties must demonstrate the political will to negotiate a permanent ceasefire and update the Agreement on the Resolution of the Conflict in South Sudan (ARCISS) in order to end the appalling suffering inflicted on the South Sudanese population.

South Sudan: IGAD HLRF Power Sharing Proposal (January 2018)