The Sudanese National Intelligence and Security Services (NISS) detained and arrested Farouk Abu Essa, head of the opposition National Consensus Forces (NCF), and Dr. Amin Mekki Medani, the President of Sudan Human Rights Monitor (SHRM) late Saturday 6th December after their return from Addis Ababa, Ethiopia signing an alliance to unite the opposition to the Sudanese government.
Subjecting humans to any sort of forced detention or arrest represents an explicit violation of the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), the Interim National Constitution of Sudan (2005), and the National Security Act (2010) despite our reservations on the latter two regarding their violations of basics human rights issues.
The arrest is a violation, legally speaking, of the above. The following are excerpts from the aforementioned documentations:
1- The Universal Declaration of Human Rights
- Article 9: No one shall be subjected to arbitrary arrest, detention or exile.
- Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment
2- The International Covenant on Civil and Political Rights
- Article 9 (1) Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
- Article 9 (2) Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
- Article 9 (3) Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.
3- The Interim National Constitution of Sudan
- Article 29 Personal Liberties: Every human being has the inherent right to life, dignity and the
integrity of his/her person, which shall be protected by law; no one
shall arbitrarily be deprived of his/her life.
- Article 40 Freedom of Assembly and Association (1): The right to peaceful assembly shall be guaranteed; every person shall have the right to freedom of association with others, including the right to form or join political parties, associations and trade or professional unions for the protection of his/her interests.
4- The National Security Act 2010 (Sudan)
- Article 51 (1): A person(s) must be provided with reasons for detention or arrest when and if t occurs.
- Article 51 (2): The person(s) subject to detention and/or arrest have the right to inform his/her family, organization or any entity he/she is related to, and the right to contact family members and/or a lawyer, if that doe not interfere with the investigation or questioning regarding the detention or arrest.
- Article 51 (3): The person(s) subject to detention/arrest must be treated in a way that preserves human dignity, must not be subjected to any physical or mental abuse; regulations must govern how to preserve and manage the subjects belongings.
The detention and arrest of the human rights expert Dr. Amin Mekki Medani, who is the head of the Arab Organization for Human Rights, Sudan Human Rights Monitor, Chairman of the Human Rights Watch management in Sudan, and who held several other positions including Legal advisor to the Special Representative of the U.N Secretary-General in Iraq, and U.N High Commissioner For Refugees (Geneva and Tanzania); his arrest came as shocking news to all who are working on enforcing human rights in Sudan. The arrest is a standing proof of the Sudanese governments continuous breach of international law and Sudanese Legislation, supporting all the claims and accusations against the regime.
According to the extracts above, and by enforcing article 40 in the Interim National Constitution of Sudan, must immediately release detained opposition leaders, and all political prisoner who have not been faced with charges and/or charges leading to trials.