After
several months in detention without charge, Sudanese Reverends Hassan
Abduraheem and Kuwa Shamal have asked the prosecutor to either send their case
to court or release them.
The
clergymen have also asked to be transferred to a formal prison facility where
their basic needs can be met.
Reverend
Abduraheem has been held in the attorney general’s custody since 9 May, while
Reverend Shamal has been similarly detained since 24 May. The clergymen raised
concerns about their safety and living conditions on 31 July. Both are
currently in police holding cells, which are ordinarily used to detain
suspected criminals for a week to ten days while the prosecutor investigates
potential criminal charges.
One
of the clergymen’s lawyers has informed CSW that ‘they are held in a small room
where sometimes up to 25 men are also detained. Their diet is poor and their
health has suffered’. Last week, Reverend Shamal contracted malaria, and
despite requests made by his legal team to the prosecutor for him to receive medical
attention, he was only treated after his church gathered finances for
treatment. Doctors also found he was suffering from a blood infection caused by
poor diet.
The
men are being investigated for national security crimes and have not been
formally charged. In June, their lawyers requested they be released on bail
until they are formally charged. The request was denied due to the seriousness
of the potential charges.
Both
men were arrested in December 2015, following a crackdown by the National Intelligence
and Security Service (NISS) on Christians across the country. Reverend Hassan
Abduraheem was held incommunicado by NISS until May 2016, when he was
transferred to the attorney general’s custody. Reverend Kuwa Shamal was
initially detained in December 2015 and released on the condition he reported
daily to NISS. In May 2016 he was arrested again and held in the attorney
general’s custody.
In
another development, on Monday 1 August two churches in the El Haj Yousif
neighbourhood of Khartoum Bahri were notified of an order to confiscate and
demolish their church buildings. Leaders of the Sudan Church of Christ and the
Episcopal Church were given 72 hours’ notice by the government’s lands
authority of the decision. The government has not executed the order but Church
leaders are working with lawyers to prevent any action being taken without a
court decision. Both churches have been meeting in the area since the early
1990’s.
Confiscations
and demolitions of churches have
increased since South Sudan’s independence, and the government has stated
repeatedly that new church licences will not be issued, leaving a number of
congregations without a place of worship.
CSW’s
Chief Executive Mervyn Thomas said, “We are deeply concerned to learn of the
unsanitary and unsafe conditions in which Reverends Hassan Abduraheem and Kuwa
Shamal are being held. We echo their request for the prosecutor to either
submit their case to court or release them immediately and unconditionally.
Their prolonged detention in police custody is highly irregular and falls short
of the reasonable time frame articulated in article 9 of the International
Covenant on Civil and Political Rights, to which Sudan is a party. We are also
alarmed by the decision to confiscate church buildings belonging to the
Episcopal Church and the Sudan Church of Christ. We urge the government to
reverse this decision, in accordance with constitutional guarantees of the
right to freedom of religion or belief, which includes ownership and access to
places of worship.”