Interim Report - Report No 287, June 1993

Case No 1688 (Sudan) - Complaint date: 18-DEC-92 - Closed

1. 506. The International Confederation of Free Trade Unions (ICFTU) presented a complaint against the Government of Sudan in a communication of 18 December 1992, alleging violations of trade union rights. The Government replied in a communication of 10 February 1993.
2. 507. Sudan has not ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87). It has ratified the Right to Organize and Collective Bargaining Convention 1949 (No. 98).

A. The complainant's allegations

1. 508. In its communication of 18 December 1992, the International Confederation of Free Trade Unions (ICFTU) alleges that the Government of Sudan violates fundamental human and trade union rights, including Conventions Nos. 87 and 98.
2. 509. The complainant states that the Government of Sudan has been holding political prisoners, including trade unionists, in so-called "Ghost Houses" and torturing them. ICFTU names four trade unionists who have been severely tortured in recent months, all of them medical officers: Magdi Muhamadani, Salah, Mamoun and Abdalla.
3. 510. ICFTU states as an example of torture that Abdalla, a nurse, was forced by a security officer to carry boiling water on his head. The water spilled, causing severe burns. At the time of the lodging of the complaint, according to ICFTU, Abdalla was in a hospital.

B. The Government's reply

1. 511. In a communication of 10 February 1993, the Government states that the claim of the Government running a so-called Ghost House is unfounded as "this Ghost House does not exist in reality".
2. 512. Regarding the specific cases, the Government states as follows:
   • - Magdi Muhamadani was detained for political reasons. He is now free and carrying out his duties normally in the People's Hospital, a government hospital in Khartoum;
   • - Salah and Mamoun were detained for political reasons and are now free and back in their jobs;
   • - Abdalla remains unidentified since his family name was not given. No person with that name was ever tortured.
3. 513. The Government also states that the National Security Act amendments 1991 and 1992 establish procedures for detention, including: approval by a judge; three-month maximum detention, unless renewed by the Revolution Command Council for another three months with the approval of a judge; notification "in good time" of the reasons for arrest; right of appeal to the Revolution Command Council; freedom from arrest for one month for persons freed by a judge.

C. The Committee's conclusions

1. 514. The Committee notes that the present case concerns allegations of detention and torture by the Government in so-called Ghost Houses. ICFTU puts forward the names of four alleged victims, Magdi Muhamadani, Salah, Mamoun and Abdalla. The Government does not dispute - on the contrary, it confirms - that three were imprisoned for political reasons, but provides no response to the allegations that they were also tortured. The Committee notes that these three have been released and are back at their jobs. The Government adds that it has no information about the fourth person, Abdalla, but that no one named Abdalla has been tortured.
2. 515. Noting the Government's failure to respond to the allegation of torture against three of the unionists, the Committee would emphasize the importance that should be attached to the principle laid down in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, according to which all persons deprived of their liberty must be treated with humanity and with respect for the inherent dignity of the human person (Digest of decisions and principles of the Committee on Freedom of Association, 1983, para. 86). The Committee deplores the Government's lack of response on these allegations of torture and asks the Government to carry out an inquiry into this complaint so that the appropriate measures, including compensation for damages suffered, may be taken and the guilty parties punished.
3. 516. Moreover, the Committee deplores the Government's detention of these trade unionists. The Committee considers that arrests of trade unionists against whom no grounds for conviction are found constitute restrictions of trade union rights. Governments should take steps to ensure that the authorities concerned have instructions appropriate to eliminate the danger which arrest for trade union activities implies (Digest, para. 97). The Committee requests the Government to indicate what specific charges were filed against these three trade unionists, or, if no charges were filed, the reasons for their detention. The Committee would also request the Government to indicate whether these detentions were approved by a judge and to indicate where the individuals were imprisoned.
4. 517. The Committee requests the complainant to provide more detailed information about the identity of the fourth trade unionist, Abdalla, so that the Government might provide a specific response to the allegations.
5. 518. As to the Government's detention laws, the Committee would stress the importance it attaches to the role of independent judicial bodies, both in the first instance and upon appeal. The Committee considers that the procedure contained in the National Security Act which allows appealing arrest and detention orders to the Revolution Command Council, which is not a judicial body, as well as the provisions of the Act extending to three months the delay of provisional detention and those concerning the limited one-month immunity from rearrest, in no way constitute gurantees of due process. In the case of arrest and detention, it is a fundamental principle of international law that defendants should be judged by an impartial and independent judicial authority (see, for example, Case No. 1520 (275th and 279th Reports (Haiti)). In the case of rearrests, the Committee considers that all persons should have the benefit of recourse to an independent judicial authority. The Committee urges the Government to reconsider these legal provisions and guarantee full access to independent judicial bodies. The Committee would also request the Government to explain precisely the meaning of a detainee's right to be informed "in good time" of the reasons for arrest.

The Committee's recommendations

1. 519. In light of the foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deplores the Government's lack of response to the allegations of torture against three unionists, and asks the Government to carry out an inquiry into this complaint so that appropriate measures, including compensation for damages suffered, may be taken.
   • (b) The Committee deplores the Government's detention of these trade unionists.
   • (c) The Committee requests the Government to indicate what specfic charges were filed against the three trade unionists, Magdi Muhamadani, Salah and Mamoun, or, if no charges were filed, the reasons for their detention. The Committee would also request the Government to indicate whether these detentions were approved by a judge and to indicate where the individuals were imprisoned.
   • (d) The Committee requests the complainant to provide more detailed information about the identity of the fourth trade unionist, Abdalla, so that the Government might provide a specific response to the allegations.
   • (e) The Committee considers that the procedure contained in the National Security Act which allows appealing arrest and detention orders to the Revolution Command Council, which is not a judicial body, as well as the provisions of the Act extending to three months the delay of provisional detention and those concerning the one-month immunity from rearrest, in no way constitute guarantees of due process. The Committee urges the Government to reconsider these legal provisions and guarantee full access to independent legal authorities. The Committee would also request the Government to explain precisely the meaning of a detainee's right to be informed "in good time" of the reasons for arrest.