Darfur Victims Support

Report on the Arrest of Civilians Based on Ethnic and Origin  Bias by Military Intelligence in Gedaref State

Report on the Arrest of Civilians Based on Ethnic and Origin  Bias by Military Intelligence in Gedaref State

October 21, 2024

On November 28, 2023, at approximately 12:00 PM, Ibrahim Othman Ahmed Younis, a 32-year-old man, along with his family, visited the Civil Registry in Gedaref State to apply for passports. According to an interview conducted by the Darfur Victims Support Organization with one of Ibrahim’s relatives (A.A.S), Ibrahim originally hailed from Nyala, South Darfur, before his family relocated to Khartoum in 2017, settling in the Al-Azhari neighborhood near Al-Razi University. Ibrahim is a student at Al-Ribat National University, pursuing a degree in Islamic Studies.

Upon arriving at the Civil Registry to collect his passport, Ibrahim was accompanied by his uncle, Adam Ahmed Younis Abkar, a 31-year-old detective in the South Darfur Police Investigation Unit. Both were detained by Military Intelligence officers and taken to the Military Intelligence Division of the Gedaref Army Command for questioning.

While Adam was released two days later, Ibrahim remained in custody. His arrest was allegedly based on accusations of being affiliated with the Rapid Support Forces (RSF). During his detention, Ibrahim was subjected to racial insults due to his belonging to the Fallata ethnic group. His family was allowed to visit him during his imprisonment.

On December 14, 2024, Ibrahim was transferred to the public prosecutor’s office based on a referral letter from Military Intelligence. His first court hearing took place on January 30, 2024, and the trial proceeded, leading to a judgment on March 18, 2024, under the charges of violating Articles 51 (Offenses Against the State) and 65 (Criminal and Terrorist Organization) of the Sudanese Penal Code.

The arrest and detention of Ibrahim Othman Ahmed Younis raise significant concerns regarding the misuse of military power, the lack of due process, and the targeting of civilians based on their ethnic and origion  affiliations. According to international human rights law, arbitrary arrests and detentions without due process constitute violations of fundamental rights protected under the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR), to which Sudan is a signatory.

Article 9 of the ICCPR clearly states:

• “No one shall be subjected to arbitrary arrest or detention.”

• “Everyone has the right to be informed of the reasons for their arrest and the charges brought against them.”

In this case, it appears that Ibrahim was detained based solely on unfounded accusations linked to his ethnic background and assumed affiliation with the RSF, without clear evidence to substantiate such claims. His trial process further raises concerns about the impartiality of the judiciary, given the politically charged nature of the accusations. This type of targeting violates principles of equality before the law and non-discrimination, enshrined in both Sudanese law and international legal frameworks.

The treatment Ibrahim received while in custody, including racial abuse and his prolonged detention without trial, violates Article 5 of the Universal Declaration of Human Rights, which prohibits “inhumane or degrading treatment.”

Recommendations:

1. Independence of the Judiciary:

The Darfur Victims Support Organization calls for the immediate restoration of judicial independence in Sudan. The judiciary must remain free from political and military influence to ensure that justice is served fairly and impartially.

2. Immediate Release:

The organization urges the immediate and unconditional release of Ibrahim Othman Ahmed Younis, who has been unjustly detained without evidence. His continued imprisonment based on ethnic profiling is a violation of his basic human rights.

3. Urgent Human Rights Intervention:

The organization appeals to local and international human rights organizations to intervene swiftly. Providing legal and humanitarian assistance to Ibrahim and others facing similar arbitrary detentions is essential. This intervention is critical to prevent further human rights abuses and to ensure that those responsible for these violations are held accountable.

The arbitrary arrest and prolonged detention of civilians based on ethnicity or regional background present grave human rights concerns. Sudan’s ongoing political instability has exacerbated violations of fundamental rights, particularly the right to fair treatment under the law. If left unchecked, such abuses will only deepen societal divisions and contribute to further unrest. The Darfur Victims Support Organization strongly urges the international community and local actors to take concrete steps toward safeguarding the rights of all Sudanese citizens and ensuring justice for those wrongfully detained.

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