The Khartoum massacre investigation is an official investigation of the 3 June 2019
Khartoum massacre
The Khartoum massacre occurred on 3 June 2019, when the armed forces of the Sudanese Transitional Military Council, headed by the Rapid Support Forces (RSF), the immediate successor organisation to the Janjaweed militia, used heavy gunfire and ...
and other human rights violations of the
Sudanese Revolution
The Sudanese Revolution was a major shift of political power in Sudan that started with street protests throughout Sudan on 19 December 2018 and continued with sustained civil disobedience for about eight months, during which the 2019 Sudane ...
, mandated under Article 7.(16) of the
Sudanese August 2019 Draft Constitutional Declaration, to cover "violations committed on 3 June 2019, and events and incidents where violations of the rights and dignity of civilian and military citizens were committed."
The men-only
investigation committee of the massacre, rapes
and other human rights violations is headed by human rights lawyer
Nabil Adib.
The
No to Oppression against Women Initiative
The No to Oppression against Women Initiative (Arabic: مبادرة لا لقهر النساء ''Mubadarat La Liqahr al-Nisa' ''), also known as the No to Women's Oppression Initiative, is a Sudanese women's rights group. The group was active dur ...
protested against the men-only composition of the commission.
Background
The
Khartoum massacre
The Khartoum massacre occurred on 3 June 2019, when the armed forces of the Sudanese Transitional Military Council, headed by the Rapid Support Forces (RSF), the immediate successor organisation to the Janjaweed militia, used heavy gunfire and ...
took place on 3 June 2019 in the context of the
Sudanese Revolution
The Sudanese Revolution was a major shift of political power in Sudan that started with street protests throughout Sudan on 19 December 2018 and continued with sustained civil disobedience for about eight months, during which the 2019 Sudane ...
against a protestors' sit-in in Khartoum. The massacre of 118
civilians and the rape of 70 women and men
is generally attributed to the
Rapid Support Forces
, image = Rapid Support Forces emblem.png
, image_size =
, caption = RSF Seal
, start_date = August 2013
, dates =
, country =
, allegiance =
, branch =
, command_structure = Sudanese Armed Forces
, type = Paramilitary
, role =
, ...
(RSF),
under the leadership of
Mohamed Hamdan Dagalo
)
, office = Deputy Chairman of the Transitional Sovereignty Council
, term_start = 11 November 2021
, term_end =
, 1blankname = President
, 1namedata = Abdel Fattah al-Burhan
, predecessor ...
("Hemetti").
The rapes were documented as a deliberate campaign to "break the girls" according to ''
France 24
France 24 ( in French) is a French state-owned international news television network based in Paris. Its channels broadcast in French, English, Arabic, and Spanish and are aimed at the overseas market.
Based in the Paris suburb of Issy-les-M ...
''.
The results of three different enquiries were released in late July 2019. On 27 July, Fathelrahman Saeed, the head of a committee appointed by the Attorney-General at the request of the
Transitional Military Council (TMC) to investigate the massacre, stated that 87 people had been killed, 168 injured, no rapes had occurred and no tents had been burnt. Saeed stated that legal cases for
crimes against humanity
Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ...
had been launched against eight unnamed high-ranking security officers. The report was considered "poor and defective" by citizens' groups.
The
Darfur Bar Association (DBA) released its own report on 30 July, stating that eight rape victims were receiving psychological therapy; one in Omdurman had committed suicide as a result of the rape; one rape victim had been forced by social stigma to search for another home for her and her family. The DBA claimed that it had "ample evidence" of responsibility of the TMC for the massacre and that the "decision to disband the sit-in" took place at a meeting including all TMC members, the Attorney-General, police chiefs and security directors.
The third report was that of a committee created by the
National Umma Party
The National Umma Party ( ar, حزب الأمة القومي , translit=Hizb al-Umma al-qawmmy; en, Nation Party) is an Islamic political party in Sudan. It was formerly led by Sadiq al-Mahdi, who served twice as Prime Minister of Sudan, and w ...
and led by Yousef El Amin. On 30 July, El Amin stated that the sit-in was disbanded by "a large military force wearing RSF uniforms and riot police" and that the massacre had been "premeditated and planned". He stated that 47 victims of the massacre died on 3 June, with a total of 124 dying from 3 to 20 June. He confirmed rapes, throwing of bodies into the Nile, and burning of tents.
Legal constraints
The 4 August Draft Constitutional Declaration refers to the investigation in Article 7.(16) as an element of the "Mandate of the Transitional Period", defining the scope as "violations committed on 3 June 2019, and events and incidents where violations of the rights and dignity of civilian and military citizens were committed."
The investigation committee is to be created under an "order" that "guarantees that it will be independent and possess full powers to investigate and determine the timeframe for its activities".
Article 21 of the Draft Constitutional Declaration gives "procedural" immunity to members of the
Sovereignty Council, the
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
, the
Transitional Legislative Council, governors of provinces and heads of regions, with Article 21.(2) giving the Transitional Legislative Council the right to lift that immunity by a simple majority.
Commission
On 21 September 2019, Prime Minister
Abdalla Hamdok
Abdalla Hamdok Al-Kinani (also transliterated ''Abdallah'', ''Hamdouk'', '' AlKinani''; ar, عبدالله حمدوك الكناني; born 1 January 1956) is a Sudanese public administrator who served as the 15th Prime Minister of Sudan from 20 ...
issued a decision to create the primary investigation commission of seven lawyers, including a
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
judge, representatives of the Ministries of Justice, Defence and Interior, a "national figure" and two independent lawyers. The decision guaranteed that the committee would operate independently of any other governmental, judicial or legal body. The commission will be required to release a report with its findings within three months and can extend its mandate for another three months.
Hamdok named the members of the commission on 20 October, with
Nabil Adib as the head of the commission.
The other commission members are Osman Mohamed Osman as rapporteur, Sohaib Abdullatif as deputy rapporteur, colonel Ismat Abdalla Mohamed Taha and Ahmed El Taher El Nur and two unnamed members.
Men-only commission
Ihsan Fagiri of the
No to Oppression against Women Initiative
The No to Oppression against Women Initiative (Arabic: مبادرة لا لقهر النساء ''Mubadarat La Liqahr al-Nisa' ''), also known as the No to Women's Oppression Initiative, is a Sudanese women's rights group. The group was active dur ...
protested on 22 October 2019 against the men-only nature of the commission. She stated that women should participate as commission members, since many women had been killed, raped or thrown dead into the Nile and three women rape victims had committed suicide after the massacre.
Investigation
In December 2019, the commission started collecting documents, photographic and audiovisual evidence and invited witnesses to contact the commission via a
secure
Secure may refer to:
* Security, being protected against danger or loss(es)
**Physical security, security measures that are designed to deny unauthorized access to facilities, equipment, and resources
**Information security, defending information ...
website.
By December 2020, the commission had received 150 video recordings of the event and had collected testimonies from 3000 witnesses. In December 2020, the commission started questioning military members of the
Sovereignty Council. Yasser al-Atta, a military member of the Sovereignty Council, was questioned for two hours by the Commission on 21 December 2020. Shams al-Din Khabbashi, another Sovereignty Council military member, was expected to be questioned.
On 4 May 2021,
Nabil Adib, the head of the commission, commented to ''
Newlines Magazine
Fairfax University of America (FXUA, formerly Virginia International University) is a private university in Fairfax, Virginia. It was established in 1998, and then as a non-profit 501(c)(3) university in 1999. The university is certified to opera ...
'' that "the result could lead to a coup d'état or to mass unrest in the streets.
Newline Magazine
/ref>
Trials
Chief Justice Nemat Abdullah Khair
Nemat Abdullah Mohamed Khair ( ar, نعمات عبدالله محمد خير; other transliterations: ''Neemat'', ''Nimat'', ''Abdallah''; born 1957) is a Sudanese judge of the Sudanese Supreme Court who became Chief Justice of Sudan (head of ...
stated in late December 2020 that trials for the killings of Ahmed el-Kheir, Hanafi Abdelshakour and Ashraf el-Tayeb, three protestors who were killed during events of the Sudanese Revolution
The Sudanese Revolution was a major shift of political power in Sudan that started with street protests throughout Sudan on 19 December 2018 and continued with sustained civil disobedience for about eight months, during which the 2019 Sudane ...
other than the 3 June massacre itself, were ongoing by a "special court constellation". The case for Ahmed el-Kheir resulted in the sentencing to death of 29 National Intelligence and Security Service
The National Intelligence and Security Service (NISS) () is an intelligence agency of the Ethiopian federal government tasked with gathering information of national interests. It does counter-terrorism in the country by informing the federal p ...
officers, with a final appeal step still pending in the Supreme Court .
Missing persons committee
On 23 September 2019, the Attorney-General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
Abdallah Ahmed Abdallah created a committee of prosecutors and "representatives of the Bar Association, the police, the Human Rights Department of the Ministry of Justice, and the Unit to combat violence against women" to investigate the disappearances of the people who remained missing after the Khartoum massacre and provide a report within two months. On 14 September, the citizens' group "Missing" listed 21 people missing.
References
{{Sudanese Revolution
Criminal investigation
Sudanese Revolution