A/HRC/39/41
98.
On 24 July 2018 the Government responded to the allegations. Concerning the case
of Mr. Al Nukheifi, the Government stated he was arrested on 18 December 2016 and
charged under articles 2 and 112 of the Statute of Criminal Procedures after his wife called
the police claiming he had threatened to kill her and that he is affiliated to Daesh. s. The
Government reported that he was allowed to call a lawyer and that his family visited him on
24 February 2017 (26/5/1438 Hijri). The General Prosecutor referred his case to the
relevant court which ruled that Mr Al Nukheifi committed crimes involving national
security, spying for foreign entities, receiving financial support and cyber crimes. The court
of first instance sentenced him to six years imprisonment with a travel ban for the same
amount of time as his release. His case is still under consideration with the court.
99.
Regarding the allegations about Mr. Abu Abdullah, the Government stated a warrant
for his arrest was issued pursuant to articles 35 and 103 of the Statute of Criminal
Procedures and he was accused of committing many crimes, including killing several
persons, shooting security officers, possessing arms and providing terrorists with weapons.
Mr. Abu Abdulla’s arrest was pursuant to article 2 of the Statute on Terrorism Crimes and
Funding of 2013 and his detention was extended pursuant to article 5 of the same statute,
and his case is referred to the specialized criminal court. According to the Government he
was not subjected to torture or ill-treatment nor forced to confess, and was provided
medical treatment. Additionally he was not forced to sign a confession. His case is still
pending.
24.
South Sudan
100. In a report in February 2018, 24 the United Nations Mission in South Sudan
(UNMISS) and OHCHR noted instances of restrictions imposed by national authorities,
including the National Security Service and pro-government forces as well as among the
personnel of Central and State administration, against individuals whose opinions were
perceived as critical of the Government or the reputation of the country and who cooperated
with the United Nations by attending meetings, sharing information on human rights
violations, and facilitating access of UNMISS to affected populations (see S/2017/505,
S/2017/784, S/2017/1011, and S/2018/133).25
101. UNMISS received reports of at least 12 incidents which included arbitrary arrests
and detentions, restrictions of movements and acts of intimidation and harassment, mostly
targeting human rights defenders cooperating with the United Nations. Some individuals
were ordered by security officials to cease sharing information with the United Nations. In
addition, UNMISS received credible reports of intimidation against three South Sudanese
human rights defenders living in neighboring countries or travelling outside the country
who were accused of collaborating with the United Nations and being critical of the human
rights situation in South Sudan. Human rights defenders were also reportedly threatened by
government representatives after holding meetings with United Nations personnel in Upper
Nile and Equatoria regions, in September and November 2017, respectively. At least two
victims have sought refuge elsewhere in the country and abroad.
102. In follow up to his visit to South Sudan in February 2017, the Assistant SecretaryGeneral for Human Rights sent a letter to the Government on 21 July 2017 and stressed the
absolute need to avoid reprisals and threats against human rights defenders, including those
who have cooperated with the United Nations.26 In the letter he addressed specific cases of
intimidation and threats against individuals for having cooperated with UNMISS and other
United Nations entities outside South Sudan, including cases of individuals who were
forced to leave the country.
24
25
26
36
UNMISS and OHCHR, “Report on the Right to Freedom of Opinion and Expression in South Sudan
since the July 2016 Crisis”, February 2018,.
Report of the Secretary-General on South Sudan, February 2018.
OHCHR, “South Sudan: Senior UN human rights official condemns deplorable rights situation, calls
for perpetrators to be held to account,” 17 February 2017.
GE.18-13325