Sudan should Charge or release 248 individuals in prolonged detention – African Centre for Justice
Charge or release all those arbitrarily detained, and for those charged, ensure prompt access to a lawyer of their own choosing.
Ensure that all detainees are brought promptly before a judge to review the legality and conditions of their detention, have the right to challenge the lawfulness of their detention before a court, and are guaranteed the right to fair trial according to international standards.
Undertake comprehensive law reform of the National Security Act 2010, Criminal Procedure Act 1991, Emergency Act 1997, to guarantee custodial guarantees including access to legal representation at all stage of proceedings, prompt information on details of arrest, judicial oversight, in line with international human rights law obligations.
Ensure that the humane treatment of prisoners of wars and adherence to conditions of detention according to international humanitarian law
To the UN Independent Expert on the situation of human rights in the Sudan, Mr. Aristide Nononsi, ACJPS humbly requests that during deliberations with the Sudanese authorities, to call on the Sudanese authorities:
Charge or release the 248 detainees in custody; guarantee them unequivocal access to families and legal representatives, special attention is drawn to the case of the 8 Darfurian students, 2 individuals from East Sudan and 20 members of the Ma’alia tribe detained in Khartoum and Port Sudan respectively;
Conduct an immediate, independent and impartial investigation into all allegations of excessive use of force against peaceful protestors during the January 2018 protests including protest killings, ill-treatment and torture of detainees by police and NISS. Findings of such investigations should be made public and perpetrators should be held accountable before an independent and impartial tribunal.
Undertake comprehensive legal reform in relation to provisions on detention and repeal provisions allowing for indefinite detention without any judicial oversight. Such legal reform should ensure custodial safeguards such as prompt and unequivocal access to family members and lawyers to all those held in custody, repeal all legal provisions that grant immunities for Sudanese officials, and subject officials to the jurisdiction of ordinary courts.