Executive Summary
This report documents the case of Sudanese citizen Omer Mohamed Omer Dares, who was arbitrarily arrested upon his arrival at Port Sudan International Airport on March 15, 2024, by personnel belonging to the Joint Security Cell. He was subsequently referred to the Anti-Terrorism and Crimes Against the State Court, and convicted under Articles (50), (51), and (26) of the Sudanese Penal Code of 1991.
According to information obtained by the Darfur Victims Support Organization—through interviews with one of the victim’s relatives and a review of statements related to the case—grave violations marred the processes of arrest, investigation, and trial. These include:
- Arbitrary arrest
- Physical and psychological torture**
- **Targeting based on tribal affiliation
- Enforced disappearance and unlawful detention**
- Coerced confessions extracted under duress
- Criminalization of anti-war views and opinions**
- Absence of fundamental guarantees for a fair trial**
Furthermore, this case documents a broader pattern of prosecutions targeting civilians from Western Sudan detained under Articles (50) and (51). Testimonies indicate that there are between 180 to 200 detainees inside Port Sudan National Prison, some of whom face sentences ranging from long-term imprisonment to the death penalty.
I. General Background
Since the outbreak of the armed conflict in Sudan on April 15, 2023, between the Sudanese Armed Forces and the Rapid Support Forces , the country has witnessed a widespread deterioration in the human rights situation. This is particularly evident in cases linked to national security, war-related accusations, and regional or tribal affiliations.
During the conflict, mounting concerns have emerged regarding the exploitation of terrorism and anti-state crime laws to prosecute civilians based on tribal background, political expression, or social suspicion—specifically targeting individuals from the Darfur region and Western Sudan. The case of Omer Mohamed Omer Dares serves as a alarming example of these patterns of violation, where facts indicate that tribal affiliation and anti-war stances formed a core basis for suspicion and accusation.
II. Profile of the Victim
Omer Mohamed Omer Dares was born on January 1, 1991. He hails from the Edd al-Fursan locality in South Darfur State and belongs to the Bani Halba tribe. Omer worked as an expatriate in the State of Kuwait since 2014, where he managed his own trucking company. In 2018, he returned to Sudan briefly before departing back to Kuwait two months later. In March 2024, he returned to Sudan to complete and arrange his travel procedures via the Diversity Visa (Green Card) Lottery program to the United States of America.
III. Arrest at Port Sudan Airport
On the morning of March 15, 2024, immediately after disembarking from his flight at Port Sudan International Airport in the Red Sea State, Omer was detained by six individuals belonging to the Joint Security Cell. According to testimonies obtained by the organization, he was blindfolded and taken at approximately 7:30 AM Sudan time in a white pickup truck (“Box”) to a security cell headquarters located outside the airport.
IV. Torture and Ill-Treatment
Information received by the organization indicates that from the very first moments of his detention, Omer was subjected to severe physical and psychological torture, which included:
- Beating on various parts of his body
- Kicking
- Beating with rifle butts
- Verbal abuse and insults
- Interrogation centered on his tribal background
During interrogation, the detainee was questioned about his state of origin and his tribe. When he answered that he was from South Darfur and belonged to the Bani Halba component, the pace of torture and assault escalated—according to the testimony—for a continuous period of nearly five hours. The organization believes these accounts raise serious concerns regarding targeting based on ethnic and tribal identity, which directly contradicts the fundamental principles of equality and non-discrimination.
V. Investigations and Criminalization of Anti-War Stances
After a week of detention, a committee from the General Intelligence Service (GIS) arrived to interrogate him again. According to accounts, the questions focused heavily on:
- His state of origin
- His tribal background
- His political views
- The content of his personal phone
After searching his WhatsApp application and finding no evidence of any military or security activity, they moved to his Facebook and Messenger accounts. There, they found posts and content calling for an end to the war. According to testimonies, investigators considered the slogan “No to War” as an expression of oppositional political affiliation, and labeled him a “Qahati” (a derogatory term used by war proponents to describe members of the civilian coalition).
Following this, he was taken back to what testimonies described as “torture offices” to force him to confess to belonging to the Rapid Support Forces or having a political affiliation with civilian opposition forces. He was also confronted with certain social media pages and accounts, which were treated as pages supporting opposition political entities.
VI. Prolonged Detention and Trial
On March 27, 2024, Omer was transferred to the Port Sudan National Prison, where he was placed in solitary confinement for a full month before being moved later to the “remand” (awaiting trial) section. According to available information, he remained detained for nearly nine months before being brought before the court.
During his first appearance before the judge, it was stated that there was no complete case or written complaint against him. However, he was later returned to detention, where—according to testimonies—he was subjected to further torture, and a judicial confession was coerced from him under duress.
Subsequently, charges were filed against him under the following articles of the Sudanese Penal Code:
- Article (50): Waging war against the State.
- Article (51): Undermining the constitutional system.
- Article (26): Criminal abetment/assistance.
The trial hearings continued for several months until Judge Mohamed Sir Al-Khatim issued a verdict on May 15, 2025, sentencing him to ten years in prison.
VII. Concerns Regarding Judicial Independence
The circumstances of the trial and the timing of the verdict raise grave concerns regarding the independence of the judiciary and its susceptibility to the political and military climate surrounding the war. According to accounts received by the organization, the ruling came just a few days after the city of Port Sudan was subjected to drone attacks. This reinforced the family’s fears that the case was utilized to send political or security messages related to the war.
The organization maintains that criminal justice must never be transformed into a tool for vengeance, collective intimidation, or the settling of scores tied to identity or geographic origin.
VIII. A Broader Pattern of Detentions Against Natives of Western Sudan
Testimonies obtained by the organization indicate the presence of between 180 to 200 detainees inside the Port Sudan National Prison—specifically the “Saraya” section—facing charges under Articles (50) and (51) of the Sudanese Penal Code. According to available information, the vast majority of these detainees hail from Western Sudan, while the sentences issued against them range from long-term imprisonment to death.
The organization considers these indicators a matter that warrants an urgent and independent investigation regarding:
- Detention conditions
- The integrity of judicial procedures
- Allegations of torture
- Patterns of targeting based on regional and tribal backgrounds
IX. International Legal Framework
The Darfur Victims Support Organization believes that the facts presented in this case constitute a violation of a number of international legal obligations, including: - The prohibition of arbitrary arrest
- The prohibition of torture and cruel or degrading treatment
- The right to liberty and security of person
- The right to a fair and independent trial
- The right to freedom of opinion and expression
- The right to non-discrimination based on ethnic or tribal affiliation
These rights are protected under: - *The International Covenant on Civil and Political Rights *
- *The African Charter on Human and Peoples’ Rights *
*The Convention against Torture * - The Basic Principles for the Treatment of Prisoners and Fair Trial Standards
. Recommendations of the Darfur Victims Advocacy Organization
- Immediately release* Omer Mohamed Omer Dares or grant him a retrial before an independent court that fulfills all fair trial guarantees.
- Open an independent and transparent investigation into the allegations of torture and ill-treatment during detention and interrogation.
- Enable local and international human rights organizations** to visit prisons and detention centers in Port Sudan.
- Halt the use of tribal or geographical affiliation** as a basis for criminal suspicion or accusation.
- Ensure that anti-terrorism laws are not weaponized* to suppress political opinions or anti-war stances.
- Review the legal status of all detainees* held under Articles (50) and (51), especially those hailing from Western Sudan.
- Ensure that all evidence and judicial procedures are subject* to independent and transparent legal oversight.
Conclusion
The case of Omer Mohamed Omer Dares reveals a highly perilous reality regarding the erosion of fundamental legal safeguards during the Sudanese conflict. Geographical or tribal affiliation, alongside the expression of anti-war views, has become sufficient ground for arrest, torture, and judicial prosecution.
The Darfur Victims Support Organization emphasizes that the continuation of these violations not only threatens the targeted individuals but also undermines public trust in justice and the rule of law, thereby deepening societal divisions in Sudan. The organization asserts that achieving peace and stability cannot be accomplished through exceptional trials andو arrests based on tribal suspicion, but rather through respecting human rights and ensuring equal justice for all citizens without discrimination.
