A/HRC/25/60/Add.2
141. The Special Rapporteur regrets that the Government of Sudan has not responded to
this communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council. The communication referred to alleged excessive use of force by security
forces against demonstrators in different parts of the country from 26 September to 6
October 2013 that resulted in over 200 deaths by gunshot wounds, as well as the subsequent
arrests of at least 800 people, including human rights defenders, political activists and
opposition members, and journalists. The Special Rapporteur expressed grave concern
about the excessive and disproportionate use of force, notably the use of live ammunition
and the intentional use of lethal force, against the demonstrators. Among those who died as
a result of the gunshots were 14-year-old Ayman Salah Ibrahim in Khartoum Bahri, who
died after police prevented other demonstrators from rendering assistance to him; Mr.
Musab Mustafa, an artist filiming the demonstrations in Omdurman; Mr. Tariq Sediek, Mr.
Abdulagadir Rabeia, and Mr. Baldr Eldein Ahmed in Hajyousif; and a bystanding
Ethiopian food-vendor in Khartoum. According to reports, among the more than 800
persons who were allegedly arbitrarily arrested by police and the National Intelligence and
Security Services (NISS) were at least 13 known political activists and human rights
defenders, lawyers, minors, and journalists. It was also alleged that security forces raided
the homes of and beat and arrested persons not linked to the demonstrators, at least one of
whom, Mr. Majid Mohamed Ali, was found dead in hospital after his arrest. The Special
Rapporteur also expressed grave concern about reports that most of the 800 NISS detainees
remained in custody and were being held incommunicado, denied access to medical care
and legal assistance, and had not been charged with any criminal offense. In this context,
the Special Rapporteur reminds the Government of Sudan that each Government has the
obligation to protect the right to physical and mental integrity of all persons, a right which
is set forth inter alia in the UDHR and the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT). The Special Rapporteur also
reiterates the principles set forth in the Universal Declaration of Human Rights and
International Covenant on Civil and Political Rights (ICCPR), and particularly Articles 3
and 6 (1) that respectively guarantee the right of every individual to life and security and
provide that these rights shall be protected by law. With regards to reports of
incommunicado detention, the Special Rapporteur also draws the Government’s attention to
paragraph 7c of Human Rights Council Resolution 8/8 of 18 June 2008, which reminds all
States that “[p]rolonged incommunicado detention may facilitate the perpetration of torture
and other cruel, inhuman or degrading treatment or punishment and can in itself constitute a
form of such treatment, and urges all States to respect the safeguards concerning the liberty,
security and the dignity of the person.” In the absence of evidence to the contrary, the
Special Rapporteur determines that the rights of the aforementioned persons under the
relevant standards have been violated, and calls on the Government to undertake all
necessary measures to protect the right to physical and mental integrity of all remaining
victims, to hold those responsible accountable and to provide full redress to the victims,
including fair and adequate compensation and as full rehabilitation as possible.
(e)
UA 06/11/2013 Case No. SDN 8/2013 State reply: None to date Allegations regarding
Ms. Amira Osman Hamed’s possible sentence of corporal punishment for “indecent
or immoral dress.”
142. The Special Rapporteur regrets that the Government of Sudan has not responded to
this communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council. The communication referred to the arrest of 35-year-old civil engineer and
women’s rights activist, Ms. Amira Osman Hamed, and the charge of “indecent or immoral
dress.” If found guilty, Ms. Osman Hamed might face corporal punishment of up to forty
lashes. On 27 August 2013, Ms. Osman Hamed was arrested by Public Order Police for
refusing to wear a headscarf, and charged under section 152 of Sudan’s 1991 Criminal
Code with “indecent or immoral dress.” It was reported that current public order laws in
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