Sudan: Right to life of people in Darfur seriously threatened, expert on extrajudicial executions says

UNITED NATIONS
Press Release
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.