not to expel the complainant, while his complaint is under consideration by the Committee. On 20 January 2000, the State party
confirmed that it would accede to this request.
Facts as presented by the complainant
2.1 The complainant alleges that he is Ansari and a member of the Umma Party, which is one of the two traditionalist parties of the
North opposing the current Government. From 1990 to 1995, the complainant attended Cairo University, Khartoum Branch, where
he completed a law degree. The Umma Party had about 100 members at Cairo University, and the complainant became the leader of
this group.
2.2 In April 1992, the complainant alleges to have organized rallies and demonstrations against the Government. Following one of
these rallies, he was detained by members of the security forces. He was threatened, forced to sign an undertaking that he would not
participate in political activities and then released. Following this incident, the security forces kept him under surveillance.
2.3While he was attending university, the complainant alleges that students were compelled to join the People’s Defence Force
(PDF), the army of the ruling party, the National Islamic Front (NIF). To avoid conscription the complainant became a police officer,
and from 1993 to 1995, he worked at the head office of the Khartoum prison administration and sometimes at Kober prison.
2.4In 1994, the Government sent students who were seen as troublemakers and opponents of the regime to fight in Southern Sudan.
On 1 June 1996, the complainant allegedly received a summons stating that he had to report to the PDF within 72 hours as he had
been chosen “to fulfil the duty of Jihad”. As he did not want to fight against his own people or to clear minefields, he decided to flee
the country. He was unable to use his passport because of the summons and therefore used his older brother’s passport. After his
departure the military allegedly visited his home.
2.5On 10 December 1997, the complainant arrived in Australia without valid travel documents and was detained pending final
resolution of his asylum claims. On 12 December 1997, he filed an application for a protection visa (refugee status) with the
Department of Immigration and Multicultural Affairs (the DIMA). In support of his application, he submitted, inter alia, the following:
a letter from the Umma Party confirming his membership; a letter from the Commander of the Popular Forces to the Manager of the
Department of Prisons to release the complainant and present himself to the PDF; and a statement from a member of the Australian
Sudanese community who stated that she had no doubt that the complainant was a Sudanese citizen and belonged to a family known
to be strong supporters of the Ansar group, which supports the Umma Party.
2.6On 5 January 1998, a delegate of the DIMA denied the complainant’s application for a protection visa, finding that he was not a
citizen of Sudan and that his claims lacked credibility. On 5 February 1998, the complainant sought administrative review of the
delegate’s decision before the Refugee Review Tribunal (the RRT). By decision of 7 July 1998, the RRT refused the complainant’s
application. The complainant lodged an application for judicial review with the Federal Court of Australia. On 25 August 1998, the
Court remitted the application back to the RRT for a second determination.
2.7On 25 November 1998, the newly constituted RRT denied the complainant’s application. The matter was appealed to the
Federal Court, at which the complainant was unrepresented. During the hearing, he said that the interpreter who had assisted him at
the RRT hearing was inadequate and that he had been misunderstood. The hearing was adjourned so that the complainant could
obtain legal representation. On 9 August 1999, the Federal Court dismissed the appeal. Several subsequent requests for ministerial
intervention were denied.
2.8The complainant outlines the recent political history of Sudan and claims that there is a consistent pattern of gross, flagrant and
mass violations of human rights. He refers, inter alia, to the adoption of a country resolution in April 1997 by the United Nations
Commission on Human Rights, according to which human rights violations in Sudan included “extrajudicial killings, arbitrary arrests,
detentions without due process, enforced or involuntary disappearances, violations of the rights of women and children, slavery and
slavery-like practices, forced displacement of persons and systematic torture, and denial of the freedoms of religion, expression,
association and peaceful assembly”.
2.9 In January 1998, the United Nations Special Rapporteur on Sudan reported that the authorities, security forces and militia were
responsible for a broad range of human rights violations. In April 1998, the United Nations Commission on Human Rights again
expressed deep concern over continued serious human rights violations. For the fourth year running, the Commission recommended
deploying human rights field officers to monitor human rights.
2.10 The complainant alleges that although much of the religious persecution has been directed against non-Muslims, the
fundamentalist nature of the current regime is such that many Muslims, including the Sufis, are not free to practise their own brand of
Islam under the NIF regime. The Ansar (consisting largely of Sufis) have been subjected to government control with the confiscation
of their mosques. In addition, Muslim groups critical of the Government continue to suffer harassment.b On the political level, the
complainant submits that contrary Islamist political opinions, including centrist Islamic parties such as the Umma are not tolerated.
2.11 According to the complainant, there is evidence that military deserters will face torture and death. Amnesty International
reported in April 1998 that: “Scores of student conscripts died as hundreds of youths broke out of a military training camp at alAyfun near Khartoum. The authorities announced that more than 50 deserters had drowned trying to cross the Blue Nile. However,
other reports said that over 100 were killed, many of whom had been shot and others beaten to death.” He also submits that both the
UNHCR and Amnesty International have reported on the detention centres in Sudan and on the risk of ill-treatment and torture, in
particular during interrogation in security offices.c According to the complainant, “a failed Sufi”, Umma Party asylum-seeker, who has
spent considerable time in the West, and who has qualified in law, whether or not his military service has been completed, would face
considerable difficulty on return to Sudan.
The complaint
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