RIGHT TO LIFE OF PEOPLE IN DARFUR SERIOUSLY THREATENED, EXPERT ON EXTRAJUDICIAL EXECUTIONS SAYS AT END OF SUDAN VISIT

14 June 2004




Asma Jahangir, the Special Rapporteur on extrajudicial, summary or arbitrary executions of the United Nations Commission on Human Rights, made the following statement at a news briefing in Khartoum on 13 June. She was speaking at the end of a visit to Sudan that started on 1 June:


As you know, my mandate as Special Rapporteur of the United Nations Commission on Human Rights is that of an independent expert. I have been mandated to report on my findings regarding violations of the most fundamental right – the right to life. My country missions, such as this one to the Sudan, seek information regarding extrajudicial, summary or arbitrary executions allegedly committed by Government or Government sponsored actors. This would include situations where civilians are killed by Government actors or where Government actors are otherwise responsible for the unlawful killing of civilians. My mandate also involves cases of deaths in custody as well as violations of the minimum standards with regard to the imposition of death penalty. This includes cases when due process has not been followed or death penalty has been awarded to persons who were under the age of 18 when the offence was committed. I also address the issue of impunity and accountability. My findings are reported directly to the Member States of the United Nations through the Commission on Human Rights.

During my mission to the Sudan, which started on 1 June and is ending today, I had meetings in Khartoum and also travelled to the three states in the Darfur Region as well as to the towns of Malakal and Fashoda in the South. In Khartoum I met with a number of Government Ministers and officials, the judiciary as well as with members of civil society, political parties and representatives of the United Nations agencies and programmes. I also visited the Kober prison where I interviewed a number of persons on death row. In Darfur and Malakal I met with local Government representatives, NGOs and United Nations officials. I undertook a number of field visits to interview internally displaced persons and other civilians. In Fashoda I had a meeting with the King of the Shilooks.

My missions take place at the invitation of Governments, and therefore I wish today to thank the Government of the Sudan for extending an invitation to me and for facilitating my mission. I was given free access to visit any sites or meet with individuals as I desired. In particular I am grateful to Dr. Abdulmonem Osman Mohammed Taha, Rapporteur of the Advisory Council for Human Rights, for his support throughout the mission. I also wish to thank the United Nations agencies for their assistance in facilitating the field visits.

Today I am holding this press briefing so that I may share with you some of my observations and concerns, which will be reflected in more detail in my report to the Commission. I will also be collecting additional information on the Sudan relevant to my mandate in the days to come in Nairobi as well as Cairo.

My mission comes at a time when Sudan is witnessing the tragic humanitarian and human rights situation in Darfur. At the same time there are also emerging signs for optimism in renewed efforts at building peace. The ceasefire in Darfur and the peace negotiations between the government and the SPLM/A are positive developments. These are welcomed developments and the momentum needs to be encouraged so that the process grows into being more inclusive and all comprehensive. The rights of the people must remain central in negotiations.

This mission has been extremely important as I have been able to appreciate the complexity of the situation but at the same I have been disturbed and alarmed by the gravity of the human rights abuses perpetrated in the Sudan.

My mission is not confined to Darfur, yet in the face of a humanitarian crisis that persists, my main focus has been on this region. I received numerous accounts of extrajudicial and summary executions carried out by Government backed militias and by the security forces themselves. According to credible information members of the armed forces, the Popular Defence Forces and various groups of Government sponsored militias attacked villages and summarily executed civilians. Some location of graves and mass graves have also been reported to me, which I was not in a position to verify as visits to these locations were not possible due to security concerns or the distances to travel involved. In Malakal there have also been reports of killings of civilians by militias armed and supported by the Government.

According to the information I collected, many of the militias are being integrated into the regular armed or the Popular Defence Forces. There is no ambiguity that there is a link between some of the militias and Government forces. However, I am also aware that some loss of life occurred as a result of the actions of armed criminal elements who have taken advantage of the conflict.

During my visit to the Kober Prison I came across a number of individuals who were awarded the death penalty for crimes committed when they were under the age of 18. This is clearly in violation of international standards. I understand that this is also in violation of the national laws of the Sudan. I will be urging the Government to conduct an inquiry and to ensure that death penalty is not imposed on minors. I have other concerns in this context which I will be addressing in my report.

In my report I will forcefully stress the question of accountability as a fundamental principle in addressing violations of human rights. The Government of the Sudan must make every effort to end the culture of impunity. In the context of Darfur, a positive development is the setting up of the National Commission of Inquiry, and I hope that the Commission will take into account violations of human rights allegedly committed by the security forces. However, the Commission of Inquiry can only partly address the issue of accountability. Ultimately, it is the obligation of the Government to ensure the delivery of justice and to ensure that witnesses and victims are protected in this process.

Finally, I am deeply concerned about the current humanitarian situation in Darfur. Millions of internally displaced persons and other civilians are in desperate need of humanitarian assistance and protection. The crisis is not over and the right to life of all these people is seriously threatened. The Government must ensure that immediate and complete access is provided to humanitarian actors as well as human rights monitors, so that the international community is given every opportunity in cooperation with the Government to protect the life of vulnerable populations in Darfur. The International Community must continue to generously provide humanitarian assistance to the affected people of Sudan.