الإنتهاكات الفاضحة ضد القانون الإنسانى الدولى والقانون الدولى لحقوق الإنسان - الجماعات الإسلامية المتطرفة بما فيها كتائب البراءة بن مالك من جهة وقوات الدعم السريع من جهة اخرى وذلك منذ 15 إبريل 2023م وحت كتابة هذا التقرير - ملخص الكرتى
منع المدنين من الحصول على المساعدات الإنسانية
التشريد القسرى على أساس الهوية العرقية من قبل الجماعات الإرهابية
Displacement and humanitarian access
As of 14 December, more than 6.7 million people had
been displaced by the conflict, half of whom were children, making Sudan the
country with the largest displaced population in the world. Over 5
million were internally displaced, and more than 1.4 million had sought refuge
in neighboring countries, namely the Central African Republic, Chad, Egypt,
Ethiopia, Libya, and South Sudan. Most of
those displaced are reportedly living in dire humanitarian conditions with
shortages of food, water, and medicines and are vulnerable to diseases.
According to the Office for the Coordination of
Humanitarian Affairs, assisting internally displaced persons in
hard-to-reach areas posed significant challenges, primarily due to insecurity
and a lack of commitment by the parties to the conflict to ensure the safety of
humanitarian workers.
Offices, assets, and warehouses of the United
Nations and other humanitarian partners were looted in conflict-affected areas.
According to the Office for the Coordination of Humanitarian Affairs, as of 30
September, 50 humanitarian warehouses and 86 offices had been looted and 220
vehicles stolen. On 8
December, the Humanitarian Aid Commission reportedly announced that more than
3,000 humanitarian organizations had ceased working in Sudan due to the
fighting, including 2,900 national organizations and 110 foreign and regional
organizations. Since the
conflict began, 32 aid workers have been detained and at least 20 killed, raising
concerns about the parties’ compliance with international law under which
attacks against humanitarian relief personnel are prohibited and which may
amount to war crimes.
Bureaucratic and administrative obstacles have also impeded aid delivery, including long delays in issuing visas and travel permits for staff of the United Nations and other humanitarian organizations. Insufficient funding has also remained a significant impediment. As of 14 December, the Humanitarian Response Plan was only 38.9 percent funded.
On 15 December, the International Committee of the
Red Cross (ICRC) paused some of its operations pending dialogue with the
parties to the conflict. This followed the killing of two bus crew and the
injury of seven others, including three ICRC staff members, on 10 December in
Khartoum during an operation requested by the parties to evacuate civilians
trapped in conflict zones.
Right
to liberty and security of persons
الحق فى الحرية والأمان الشخصى - قتل الناس على أساس الهوية العرقية من قبل الجماعات الإرهابية
Establishing accurate numbers of civilian casualties has been challenging. According to the World Health Organisation, as of 8 December, 12,260 people had been killed.
OHCHR received multiple reports of the unlawful
killing of persons, including children and women. Reports highlighted a pattern
of unlawful killings in Khartoum by Rapid Support Forces of unarmed individuals
while trying to protect their property or protect female relatives from sexual
violence by the said forces.
For example, an eyewitness informed OHCHR that his
brother and nephew were shot dead on 8 May while resisting an attempt by the
Rapid Support Forces to enter their house in Khartoum-North. On 23 April, a
woman’s father with a visual impairment was stopped and shot dead by the Rapid
Support Forces while walking on Al-Barakah Street with his son. On 11 May, the
Rapid Support Forces shot and killed a man’s uncle in the Dar El-Salam
neighborhood, Omdurman, after he resisted their attempt to rape his 18-year-old
niece in their home.
OHCHR received allegations of the unlawful killing
by the Rapid Support Forces of humanitarian volunteers and others who denounced
or tried to prevent harming civilians and looting of property in Khartoum
State. On 26 July, a Rapid Support Forces fighter reportedly killed a
humanitarian volunteer who had criticized human rights violations in his neighborhood
of Khawjalab, Khartoum-North, and had erected a barricade to prevent the Rapid
Support Forces from entering the neighborhood. The victim was arrested along
with two other residents, and they were reportedly taken to the Al-Kabbashi
neighborhood in Khartoum-North, where the victim was interrogated and allegedly
tortured before being shot dead.
A witness described seeing Rapid Support Forces
fighters shoot dead at least three wounded men in Sudanese Armed Forces’
uniform in the area close to Al-Kalakela Cemetery in Khartoum on 16 April.
Other dead soldiers were lying close by.
In El Geneina, West Darfur, fighting between the
Rapid Support Forces and Sudanese Armed Forces broke out on 23 April. It took
on ethnic dimensions, particularly between Arab and African Masalit
communities. Between May and November, the Rapid Support Forces and its allied
Arab militias carried out at least ten attacks against civilians in El Geneina
and surrounding areas, including attacks carried out between 24 April and 16
June that targeted primarily the Masalit community, killing thousands of people. On 14 June, the Governor of West Darfur, Khamis
Abbakar, a prominent Masalit and leader of the Sudan Alliance, was killed while
in the custody of the Rapid Support Forces in El Geneina.
OHCHR gathered firsthand testimony of unlawful
killings by the Rapid Support Forces and allied militias of primarily
individuals from the Masalit community while fleeing towards the Sudanese Armed
Forces base in Ardamata and on the road to Chad during attacks that took place
between 24 April and 16 June. Consistent accounts indicated that people were
mainly shot at close range after being ordered to lie on the ground or when
armed men opened fire into fleeing crowds. A survivor reported that out of his
group of 30 people, only 17 survived. Remains of many of those killed in El
Geneina were left on the streets as family members were unable to collect or
bury them, and 87 bodies were buried in a mass grave on the outskirts of the
town. In some cases, the injured were denied medical care in El Geneina,
stopped on the road to Adre, and prevented from accessing essential aid.
Lawyers were also victims of unlawful killing,
particularly in West Darfur, where the Rapid Support Forces and allied Arab
militias are believed to have been responsible for the killing of at least four
lawyers in June in El Geneina, including prominent Masalit human rights
defenders.
These incidents raise serious concerns about the
respect for the prohibition of arbitrary deprivation of life under
international human rights law, which also encompasses unlawful killing in the
conduct of hostilities.
العنف الجنسى القائم على أساس الجنس
Sexual and gender-based violence
As of 15 December, OHCHR received credible reports
of 58 incidents of conflict-related sexual violence,
including rape, gang rape, attempted rape, and other forms of sexual violence,
including trafficking for sexual exploitation and forced prostitution, by both
parties to the conflict and their allied groups, which are prohibited under
international law. These incidents involved at least 118 victims (98 women, one
man, 18 girls and one boy). Twenty-six incidents occurred in Khartoum, 10 in
South Darfur, 10 in North Darfur, and 12 in other states, including Central
Darfur, North Kordofan, West Darfur, and West Kordofan. In 39 incidents, the
perpetrators were identified as men in Rapid Support Forces’ uniforms; in nine,
they were armed men affiliated with the Rapid Support Forces, comprising 83
percent of the incidents. In two incidents, members of the Sudanese Armed
Forces were identified as the perpetrators. Some of these incidents may amount
to war crimes.
More than half the incidents of sexual violence
reported in Khartoum were perpetrated inside residences. Other incidents occurred
on the streets while victims sought refuge or supplies. In all Darfur States,
perpetrators targeted internally displaced women and girls, particularly those
of African ethnicity, including the Fur, Masalit, and Zaghawa. In the context
of the attacks by the Rapid Support Forces and their allied Arab militias in
West Darfur between May and November, OHCHR received reports that women and
girls, including many from the Masalit community, were victims of sexual
violence, including rape.
In at least eight incidents documented in Khartoum,
North Darfur, and Central Darfur States, victims were abducted and sometimes
held in inhuman conditions and subjected to ill-treatment. In one incident, a
victim was held for 35 days and frequently gang raped by the Rapid Support
Forces. Pregnancy as a result of rape was reported in three incidents; one
victim managed to receive an abortion within the timeline allowed for by law,
one had a miscarriage, and the third was denied an abortion due to the
expiration of the legal window for abortion. In one incident, a victim of gang
rape by the Rapid Support Forces died in May in Khartoum State as a result of
injuries suffered and lack of access to medical care.
Owing to the collapse of the healthcare system and
other public services, and given the intensity of the hostilities, access to
medical care services, psychological support, and legal assistance has been
challenging for victims of sexual and gender-based violence. Most victims were
unable to access the necessary medical care during the first 72 hours of the
incidents, including post-exposure prophylaxis or emergency contraception.
Only four victims reported their cases to the
police or a prosecutor. At the same time, the rest either could not do so due
to the non-functioning justice system in conflict-affected areas or chose not
to due to a lack of trust in the justice system, fear of social stigma, and
risks associated with reporting.
During a call with the Special Representative of
the Secretary-General on Sexual Violence in Conflict on 1 August, the Deputy
Commander of the Rapid Support Forces acknowledged the gravity of sexual
violence in conflict and agreed to issue a communiqué to combat these crimes. According
to the Rapid Support Forces, a field circular was issued on 4 August in
response; however, there was no reference in the circular to the prevention of
or response to sexual violence.
On 15 August, in a communication to the Commander
of the Rapid Support Forces, 17 Special Procedures mandate holders expressed
concern about the widespread allegations of sexual violence, harassment, and
abuse by his Forces. They requested, among other things, information on the
measures undertaken to guarantee the immediate cessation of all violence. No
response was received.
الإحتجاز التعسفى من قبل الجماعات المتحاربة فى السودان
Since the outbreak of hostilities, hundreds of fighters have been captured by the two parties; the fate and whereabouts of most remain unknown. As of 30 October, the ICRC facilitated the release and transfer of 292 persons detained in the conflict.
Both parties to the conflict have allegedly
arbitrarily detained hundreds of individuals, including women and children, in
Blue Nile, Central Darfur, El-Jazirah, Khartoum, North Darfur, Northern, River
Nile, Sennar, and West Darfur States, as well as Kordofan and East Sudan
regions. Most victims were picked up
on the street, at checkpoints, or from homes.
These detainees have generally not been informed of
the reasons for their arrest and the nature of the charges against them, nor
have they had access to relatives or legal representation.
Detainees have been held in official detention
facilities and unofficial places of detention by both parties. In Khartoum and
Omdurman, corroborated information indicates that the Sudanese Armed Forces used
its military sites, Military Intelligence headquarters, military prisons,
General Intelligence Service premises,
and some police stations as places of detention. In contrast, the Rapid Support
Forces used military sites, security premises, and civilian buildings taken
over during the fighting. In some cases, detainees were held incommunicado for
up to four months, which may constitute cruel, inhuman, or degrading treatment
or torture. The whereabouts of hundreds of other civilian detainees, including
at least 49 women, remain unknown.
The Rapid Support Forces detained primarily
individuals perceived to be members or supporters of the Sudanese Armed Forces,
members of the National Congress Party, or, in some cases, based on their
ethnic origin or affiliation with certain tribes. The Sudanese Armed Forces
detained individuals perceived to be members or supporters of the Rapid Support
Forces, supporters of the Political Framework Agreement, in some cases based on
their ethnic origin or affiliation with Arab tribes of the Darfur region or for
anti-war opinion. Lawyers have been subjected to arbitrary detention by both
parties.
Both parties also detained members of the
resistance committees and emergency rooms for providing voluntary humanitarian
assistance in neighborhoods affected by the war in Khartoum.
Persons hors de combat and civilians accused
of collaboration with the adversary party continued to be most vulnerable to
torture, particularly in the initial period of their detention and during
interrogations. They usually appeared to be tortured to extract “confessions”
or other information and to degrade or humiliate them. Many persons provided
accounts of torture by both parties, including electric shocks, beatings with
objects including metal bars and water pipes, flogging on the soles of the
feet, suspension in stress positions, or being forced to kneel without moving
under the sun for an extended period. Videos on social media confirmed most of
these practices.
Most detention facilities, particularly unofficial
places of detention, were described as overcrowded, with food and water shortages and limited access to medical care. As of November, over 750 people,
including seven women, were reportedly held in an unofficial place of detention
run by the Rapid Support Forces in the Al-Riyadh area, Khartoum. On 19 May, a
man was stopped in Khartoum by the Rapid Support Forces and deprived of liberty
for some 30 hours in a building that was used as a place of detention. He
reported that 200 to 300 detainees were held in the basement in humid conditions
and with limited access to sanitation. Detention facilities operated by the
Sudanese Armed Forces, including Wadi Sayidna Airforce base, where reportedly
92 detainees were held as of 13 August, suffered shortages of food, water,
medicines, sanitation, and ventilation, according to persons held there.
In some cases, poor conditions and medical neglect
reportedly led to the deaths of detainees. A released detainee reported that
two detainees died in the Rapid Support Forces’ Al-Riyadh facility. A witness
reported the death of 11 detainees at the Sudanese Armed Forces detention
facility at the Armoured Corps between 9 May and 21 August. The witness
attributed the deaths to a lack of water and food.
A man whom the Rapid Support Forces detained in
their Sports City base in the south of Khartoum informed OHCHR that at least
five men in Sudanese Armed Forces’ uniform were detained at the exact location,
two of whom were wounded. He said that the five were regularly beaten, and the
two injured were denied medical care.
Disappearances
الإختفاءات القسرية على أساس الهوية العرقية
OHCHR continued to receive reports of missing persons, which raised concerns about enforced disappearances. A national missing persons initiative led by civil society recorded that 715 people were missing as of 15 October, including 650 men, 47 women, 16 boys, and two girls. Many were believed to be held incommunicado in areas under the control of the Rapid Support Forces, including in Khartoum and North Kordofan, as well as many parts of Darfur. Khartoum State accounted for 595 cases, including 43 women. However, the actual number of victims could be significantly higher. Twelve of 18 members of the resistance committees and emergency rooms who went missing in Khartoum are also believed to be held by the Rapid Support Forces, and six others are believed to be held by the Sudanese Armed Forces. As of 20 October, the Sudan Police Forces reported 113 missing persons cases since June 2023. By 3 August, the Attorney General reportedly registered 500 cases.
According to information received by OHCHR,
hundreds of people disappeared in areas controlled by the Rapid Support Forces
in Khartoum, including 228 individuals who disappeared during the period
between 15 April and 31 May and at least 49 women.
تجنيد الأطفال من قبل الجماعات المتحاربة للمشاركة فى الأعمال العسكرية القتالية
Recruitment of children
There were several calls for civilian mobilization.
On 27 June, Lieutenant-General Abdel-Fattah Al-Burhan called on all Sudanese,
particularly youths, to go to the nearest military base to take up arms “to win
the honor of defending the homeland.”
On 31 October, the Sudanese Armed Forces
spokesperson reported that military training targeting thousands of civilians,
including young people, was underway. Training camps were established in
several states, including El-Jazirah, Gedaref, Kassala, Red Sea, and River Nile
States. On 30 July, reportedly, the Peoples’ Authority to Support the Sudanese
Armed Forces. had armed
255,000 young men in the camps and were preparing other camps to receive
117,000 trainees. It reportedly announced on 14 September and 30 October,
respectively, the graduation of 120,000 and 415,000 trainees.
The recruitment and use of children by the parties
to the conflict was reported in Darfur and Kordofan regions as well as Khartoum
State. The Rapid Support Forces reportedly approached tribal leaders, primarily
of Arab tribes, to recruit youths and boys, with a significant number of
African tribes also responding to their mobilization for recruitment. African
tribes, including the Fur, Masalit, and Zaghawa, reportedly responded to
recruitment campaigns by the Sudanese Armed Forces and armed groups signatories
to the Juba Peace Agreement. International law prohibits the recruitment and
use of children in hostilities. These acts constitute war crimes.
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Civic space has shrunk since the fighting started.
Powers under the states of emergency contributed to undue restrictions of
fundamental freedoms and had a significant and chilling effect on civic
space.
OHCHR documented a pattern of arbitrary detention
of civil society actors by both parties to the conflict. The Military
Intelligence and the General Intelligence Services arrested at least 109
members of emergency rooms and resistance committees, human rights defenders,
and other political and civil society actors across the country. Most of those detained
were released shortly after that; the fate and whereabouts of nine remained
unknown as of 15 December, possibly amounting to enforced disappearance.
The Rapid Support Forces deprived of liberty at
least 27 members of emergency rooms, resistance committees, and lawyers in
Khartoum, including three volunteer doctors.
In North and West Kordofan States, dozens of civil
society members and activists were detained by both the Sudanese Armed Forces
and Rapid Support Forces on the allegation of supporting the adverse party.
Many of them reported intimidation and threats, making it risky for them to
monitor and report allegations of human rights violations and abuses, and many,
including human rights defenders and lawyers, have left the Kordofan region.
Human rights
defenders, including women human rights defenders, were subjected to threats,
including death threats and smear campaigns, allegedly orchestrated by
supporters of the Sudanese Armed Forces and the former regime. In June, a list
of names of journalists accused of supporting the Rapid Support Forces was
posted on Facebook by former regime supporters. Some women human rights
defenders who felt threatened lacked the funds to relocate and could not move
freely due to the deteriorating security situation and social stigma.
Protection service providers informed OHCHR that
they received more than 1,000 protection requests from human rights defenders between
April and October and provided support for some 260 of them.
Due to the fighting, most Sudanese media outlets were closed. The Rapid Support Forces raided and took over several,
including the premises of the National Radio and TV in Khartoum, which was
taken over on 15 April and turned into a detention facility, and Al Jazeera’s
temporary office in Khartoum, which the Rapid Support Forces raided on 17 June.
In addition, there were allegations of unlawful
killings, arbitrary detention, and disappearance of journalists. The Sudanese
Journalists Syndicate reported that as of 15 December, it had recorded 353
violations and abuses against journalists and that at least four journalists,
including two women, had been killed, 31 deprived of their liberty, including
two disappeared. A woman journalist working for Sudan Bukra TV died as she was
fatally struck by a Rapid Support Forces vehicle while working on 10 October. A
male journalist was severely beaten by the Sudanese Armed Forces in Omdurman while
broadcasting live on Facebook on 16 July.
In Sennar and the Red Sea States, OHCHR received
reports of the intelligence services restricting journalists’ reporting on the
humanitarian situation. For example, the Sudanese Journalists Syndicate
reported the arrest of a journalist by the General Intelligence Service in
Sennar on 16 August following the publication of a report on the conditions of
internally displaced persons but was later released. In Red Sea State,
journalists were instructed to request approval from Military Intelligence to
conduct any reporting activity.
In Blue Nile, East Sudan, and Kordofan regions,
powers granted under the states of emergency were invoked by State authorities
to restrict civil society and political activities, from anti-war gatherings to
training workshops, including those supporting the humanitarian response. Civil
society actors have been instructed, either via emergency decree, as in Gedaref State, or via instructions by Military
Intelligence or General Intelligence Services, as in the case of Blue Nile,
East Sudan, and Kordofan regions, to request prior permission before organizing
any event. In Blue Nile and East Sudan, the Military Intelligence and the
General Intelligence Services reportedly prevented the organization of or
interrupted at least ten events. On three occasions, they arrested participants
but released them shortly after.
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The conflict has severely undermined the enjoyment of economic, social, and cultural rights. People living in conflict zones have faced skyrocketing prices of food and non-food items, reduced purchasing power, and limited livelihood opportunities. For instance, in September 2023, the average sorghum price nationally was 15-20 percent higher than the year before and 238-370 percent higher than the five-year average.
Sudan’s economy has experienced a sharp downward
deterioration, with the increased budget deficit driven by a reduction in
public revenues and a disruption in exports due to the fighting. Supply chain disruption has led to declining domestic
production and economic activities. This has also been exacerbated by
widespread looting and destruction of businesses, markets, factories, and
warehouses, including the reported destruction of 411 factories in Khartoum and
other conflict-affected states.[18] Exacerbating
the situation, the withdrawal of investments by numerous international and
local companies and suspension of operations resulted in mass layoffs,
impacting the right to work and employment. These factors have contributed to
the devaluation of the Sudanese pound by approximately 40 percent.
The International Monetary Fund forecasts that
Sudan will face a severe economic contraction and a gross domestic product
growth rate of -18.3 percent by the end of 2023, and its data indicates an
increase in unemployment from 32 percent in 2022 to 46 percent in 2023. Meanwhile, the International Food Policy Research Institute estimates that
approximately 5.2 million workers, or half of the sectoral employees at the national
level, will have lost their jobs.
As of November 2023, civil servants across Sudan, including medical staff and teachers, had either yet to receive their salaries or received only a tiny portion since April. Additionally, all social security schemes have been suspended. Consequently, household incomes are expected to decline by over 40 percent in urban and rural areas, leading to an estimated increase of 1.8 million people living in poverty since the beginning of the conflict, likely impacting significantly persons in vulnerable situations.
Millions of
people have been deprived of their right to food, with the number of food
insecure people nearly doubling since May, reaching over 20.3 million people,
of whom 6.3 million are experiencing acute hunger, according to the Food and
Agriculture Organization. At least
14 million children were reported to need humanitarian aid urgently.
The right to safe drinking water remained a serious concern, especially for civilians in conflict zones, including in Darfur, Khartoum, and Kordofan regions, due to prolonged electricity outages and attacks on water treatment plants.
Accessibility, availability, and affordability of health services and medicine remain of grave concern, with approximately 70 to 80 percent of hospitals in conflict zones non-operational due to persistent shortages of medical supplies and attacks on health facilities. On 24 June, 13 children with kidney disease reportedly died due to inadequate treatment options. The outbreaks of measles, cholera, and dengue fever further exacerbate this dire situation.
OHCHR received information that women’s sexual and
reproductive health and rights were severely impacted. Women’s access to
maternal health services has become increasingly challenging due to the
scarcity and inaccessibility of healthcare facilities across the country.
Furthermore, the quality of services in the limited number of operational
hospitals had significantly declined due to the acute shortage of medical
supplies and personnel and issues related to overcrowding.
As a result of the conflict, the enjoyment of the right to education continued to be affected. On 6 November, UNICEF reported that an estimated 19 million children in Sudan, nearly all school-aged children, had been deprived of education. At least 10,400 schools were forced to close in conflict-affected areas in eight states across Darfur, Khartoum, and Kordofan regions. Additionally, 171 schools were reportedly being used as emergency shelters for displaced people in areas less affected by the conflict.
Administration
of justice and accountability
In Khartoum State, Darfur, and Kordofan regions,
attacks and looting targeting the judiciary and courts impacted the
administration of justice and the rule of law. In Khartoum State, courts and
public prosecutions ceased activities soon after the conflict erupted. Between
July and September, several judicial facilities, including courts, were hit by
missiles and either wholly or partially destroyed. Other court buildings were
looted and set on fire, including in May the Dar El-Salam court complex in
Omdurman and the Criminal Court of the Anti-Corruption and Public Fund
Violations. The responsibility for these acts was yet to be established. On 16
September, the Ministry of Justice in Khartoum was destroyed mainly when a fire
erupted following clashes between the parties.
Due to the attacks on courts, many files and
records disappeared or burned. OHCHR
received information that there are no digital records of documents. On 18
September, the Under-Secretary of the Ministry of Justice announced the
formation of a committee to retrieve data. There has been no update on their
progress.
On 3 July, Nyala North court, South Darfur, was
looted. Responsibility for the incident was yet to be established.
The departure or displacement of judicial personnel
due to the conflict contributed to the shutdown of justice institutions in some
areas. Many judges, prosecutors, and other judicial staff fled Khartoum to
other States, including the Chief Justice. OHCHR learned that the Chief judges
in Kassala and Port Sudan were adjudicating cases related to crimes committed
in Darfur and Khartoum. The Public Prosecutions at the State level made similar
arrangements following a decision of the Attorney General, who operated from
Wad Madani in El-Jazirah. At the same time, prosecutors of Khartoum resumed
work in the States where they were located.
All civilian prisons in Khartoum were reportedly
evacuated between 21 and 25 April in response to the security and humanitarian
situation, either deliberately or following clashes between the parties. While
no official figures were announced, information received by OHCHR indicated
that around 12,000 prisoners were released or escaped from Al-Huda, Kober,
Omdurman, and Soba prisons in Khartoum and 172 inmates from Ed-Daein Prison in
East Darfur. In the Kordofan region, prisoners, except those facing death
sentences, were released on security and humanitarian grounds. The Blue Nile
Governor released around 120 detainees on 25 April.
Released prisoners included three persons indicted
by the International Criminal Court for crimes committed in Darfur in 2003,
including former president Omar Al-Bashir.
Currently, the domestic justice system does not have the means or capacity to conduct prompt, independent, and credible investigations or prosecute persons in a manner consistent with international human rights norms
and standards. Challenges include the high number of allegations of violations
and abuses, lack of protection for judicial actors, victims, and witnesses,
limitations in the legal framework, and the capacities of the judicial system.
In early August, the Public Prosecution in Wad Madani, El-Jazirah State, started investigations into over 500 cases of enforced disappearances and 20 cases of sexual assault allegedly perpetrated by the Rapid Support Forces in Khartoum since 15 April. In September, the Sudan Police Forces operating from Port Sudan established a Special Police Committee tasked with investigating conflict-related crimes and established a digital complaint system. On 21 October, the Committee reported having received over 25,000 complaints.
Reports indicated that victims of violations
allegedly perpetrated by the Sudanese Armed Forces or its affiliated security
agencies were reluctant to file complaints due to a lack of confidence in the
justice system and fear of retaliation. The absence of investigations into
alleged crimes and violations committed by the Sudanese Armed Forces raises
concerns about the objectivity and impartiality of the investigation process
led by the public prosecution.
In early July, the Rapid Support Forces Commander
declared the establishment of the “Rapid Support Forces Martial Field Courts”
to prosecute fighters allegedly involved in looting and human rights abuses. These
courts' composition, work, and outcomes have not been publicized. On 13
November, the Rapid Support Forces announced the establishment of a
fact-finding committee to investigate the mass killing by their forces and
allied Arab militias of members of the Masalit community in early November in
Ardamata, West Darfur, the findings of which would be made public. However, the
composition of the committee, its modus operandi, and the deadline to present
its findings are unknown.
On 31 July, the Chairperson of the Transitional
Sovereignty Council, Lieutenant-General Al-Burhan, established the “Committee
for War Crimes, Violations and Practices of the Rebel Rapid Support Forces
since the beginning of the war on 15 April 2023” (the Committee), headed by the
Attorney General. The Committee includes the head of the Steering Committee of
the National Human Rights Commission, representatives
of Military Intelligence and the General Intelligence Services, Sudan Police
Forces, and the Ministries of Justice and Foreign Affairs. On 17 August, the
Committee published a list of 46 persons, including the Commander and Deputy
Commander of the Rapid Support Forces and the commander of the Rapid Support
Forces in West Darfur, accusing them of committing gross human rights
violations. On 17 October, the Committee reported 5,717 complaints against the
Rapid Support Forces and said eight cases had been referred to the judiciary.
The nature of the Committee and the applicable
legal framework needs to be clarified, including whether it is a commission of inquiry or
has prosecution powers. In addition, there are concerns over the investigations'
impartiality, objectivity, and independence, particularly in light of its focus
solely on abuses committed by the Rapid Support Forces and its composition,
which includes representatives of security agencies implicated in human rights
violations.
In July, in his briefing to the United Nations Security Council on the situation in Darfur, the Prosecutor of the International Criminal Court stated that his mandate was ongoing about alleged crimes of genocide, crimes against humanity, and war crimes committed in Darfur since 15 April 2023.
الخاتمة والتوصيات
Conclusion
and recommendations
Both parties to the conflict have reportedly
committed gross violations and abuses of international human rights law as well
as serious violations of international humanitarian law, some of which may
amount to war crimes and possibly other serious crimes under international law.
The intensity of hostilities between the Sudanese Armed Forces and Rapid
Support Forces and the significant lack of adherence to international
humanitarian law and international human rights law standards are concerning.
The High Commissioner calls upon all parties to the conflict to:Cease hostilities immediately and engage in an inclusive dialogue aiming to reach a peaceful resolution of the conflict, with the participation of a wide range of stakeholders, including women and youth, to restore a civilian-led government;Comply with their obligations under international humanitarian law and cease and punish violations of international humanitarian law committed by their forces;Respect international human rights law, including by halting the practices of arbitrary detention and enforced disappearance; immediately and unconditionally releasing all persons arbitrarily detained; and stopping all attacks on human rights defenders, civil society organizations, and media actors;End the recruitment and use of children in hostilities and ensure that measures are taken to prevent such acts;Ensure rapid and unimpeded passage of humanitarian relief for civilians in need as well as safe and unhindered access of humanitarian organizations to all areas under their control;Stop all forms of discrimination and violence against women and girls, declare a zero-tolerance policy for sexual and gender-based violence, facilitate access to justice for victims, and ensure that survivors have timely accessed to multisectoral services, including medical care, psychosocial support, and legal services;Cooperate with OHCHR, the Expert, and the Independent International Fact-Finding Mission for Sudan to protect and promote human rights in Sudan and facilitate the freedom of movement of their staff within the country.
The High Commissioner recommends that Sudanese authorities Consider acceding to the Rome Statute of the International Criminal Court and introduce consistent domestic legislation. Ensure the declarations and implementation of states of emergency comply with international human rights law, including by informing the population of the substantive, territorial, and temporal scope of the state of emergency and related measures and by ensuring that measures do not unduly restrict the exercise of human rights;Conduct prompt, thorough, effective, transparent, independent, and impartial investigations into alleged violations and abuses of international human rights law and violations of international humanitarian law committed during the conflict, ensure that suspected perpetrators, including persons in positions of command, are prosecuted in judicial procedures observing international standards; and grant full reparations to victims and their families;Cooperate with the Independent International Fact-Finding Mission.
The High Commissioner calls upon the international community to ensure the scaling-up of humanitarian assistance by providing urgently needed funding to the Humanitarian Response Plan, promoting and supporting all efforts to reach a cessation of hostilities and achieve a sustainable and inclusive peace, with accountability for human rights violations and abuses at its center, leading to the reinstatement of a civilian-led government;Support national institutions, local civil society networks, and other relevant actors by providing resources and strengthening their capacities to work with people affected by the conflict and to provide comprehensive services to all survivors, including sexual reproductive healthcare and information, paying particular attention to survivors of sexual violence and children born from such violence. Continue to support the work of OHCHR in Sudan and of the Experts as critical tools for protecting human rights and continue constructive engagement with the authorities. Encourage the Sudanese authorities to cooperate with the Independent International Fact-Finding Mission by granting them access to the country;Cooperate with the Secretary-General’s Personal Envoy for Sudan and regional and inter-governmental organizations to work collectively on a unified and coordinated roadmap for resolving the conflict.
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