In the shadow of Sudan’s crumbling justice system, a young man’s tragic death ignites a storm of fury in Kassala. What began as an arbitrary arrest spiralled into a tribal conflict, exposing the harrowing abuse of power by security forces cloaked in legal immunity—leaving justice elusive and trust shattered in a nation at war.
– Onor Hamad
Tragedy of Al-Amin Mohammed Noor
Al-Amin Mohammed Noor, a young man born in Wad Sharifi near Kassala, had been living and working in Wad Madani. When war broke out, he was forced to return to Kassala as a displaced person, finding work in a small restaurant to make ends meet. He belonged to the Ad Sheikh branch of the Nabtab tribe, the same tribe as the prominent local leader, Nazir Daglel.
On August 29, Al-Amin was arrested in Wad Sharifi, Kassala by the General Intelligence Service (GIS) and detained for two days. Witnesses confirmed that during his detention, he suffered severe physical abuse, leaving his body bruised and battered. His health rapidly declined, and after two days of suffering, he was transferred to the hospital, where he succumbed to his injuries.
Accused of being a member of the Rapid Support Forces (RSF), a charge his family strongly denied, Al-Amin’s relatives insisted that he was not politically active nor involved in any armed movement
Accused of being a member of the Rapid Support Forces (RSF), a charge his family strongly denied, Al-Amin’s relatives insisted that he was not politically active nor involved in any armed movement. They argued he was merely a young man trying to survive the harsh realities of war. A family source speculated that his arrest was likely linked to his opposition to a local administrative order to remove street vendors or perhaps personal conflicts with the SAF mobilised youth in the area.
Tribal conflict rekindled
The death of Al-Amin on 30 August wasn’t merely a criminal case; it ignited a significant upheaval, shaking the social and political fabric of Kassala. As news of his death spread, members of the Beni Amer tribe took to the streets, demanding justice. His family refused to accept his body until those responsible were held to account, and the immunities shielding them were lifted. Protests soon expanded, stirring tribal and political tensions across the city.
As tensions escalated, Nazir Daglel, a key tribal leader, was informed by the GIS that Al-Amin had died of respiratory failure, a claim his family rejected. They insisted torture during his detention caused his death. Nazir Daglel relayed this to the family, urging them to visit the hospital and identify the body, but they remained firm in their refusal to accept it until those responsible were held accountable.
Nazir Daglel attempted to contain the crisis by engaging with local leaders and youth groups, but anger simmered. Crowds gathered outside the GIS offices, forcing the authorities to fire warning shots into the air to disperse them.
In response, Kassala’s Security Committee held an emergency meeting on 1 September to address the incident and prevent further escalation. The committee pledged to lift the immunities of those implicated and hold them accountable under the law.
Legal immunities: A barrier to justice
Recent legal amendments, issued in May 2024, granted GIS members extensive immunities, making it difficult to hold them accountable, even in cases of clear violations
One of the primary obstacles Al-Amin’s family and the local community faced in their pursuit of justice was the legal immunity granted to members of the General Intelligence Service. Recent legal amendments, issued in May 2024, granted GIS members extensive immunities, making it difficult to hold them accountable, even in cases of clear violations. Although authorities promised to lift these immunities in Al-Amin’s case, scepticism persisted in Kassala about the judicial system’s ability to deliver justice.
These amendments profoundly impacted human rights and public freedoms across Sudan, altering critical provisions such as preventive detention, extensive immunities, and control over commercial institutions.
One of the most contentious amendments, Article 25, allowed the GIS to carry out preventive detentions with the approval of the agency’s head, bypassing judicial oversight. Legal experts argue this provision, allowing detention for up to three months without trial, extendable for up to three months, violates justice, leaving detainees vulnerable to abuse.
Worryingly, arrests could be made based on mere suspicion, without strong evidence or prior investigation. Articles 29 and 37 further allowed GIS members to conduct arrests and take legal action at their discretion, without judicial orders or formal investigations, granting them near unchecked power.
International humanitarian law, especially the Third Geneva Convention of 1949, guarantees the rights of prisoners of war, including protection from torture. The Convention Against Torture also prohibits any form of torture or cruel punishment. Yet, the amendments to Sudan’s General Intelligence Service law appear to flout these international protections, with arbitrary arrests carried out without clear charges or fair trials.
The shadow of Ahmed Khair
The tragic death of Al-Amin evokes the infamous case of Ahmed Khair, a prominent figure whose death in March 2019, during the height of Sudan’s December Revolution, exposed the depth of human rights abuses in the country. Khair, a human rights advocate, was arrested by GIS officers in Khashm El-Qirba, near Kassala, tortured and sexually assaulted in custody, leading to his death.
Khair’s case sparked widespread protests and 29 GIS officers were sentenced to death. However, following the outbreak of armed conflict in April 2023, these officers escaped when prisons were opened, raising fresh concerns about Sudan’s ongoing culture of impunity.
Bleak future of justice amid war
As war continues, the rule of law in Sudan has all but collapsed, leaving justice increasingly out of reach. Lawyer Siham Ali Mukhtar, a member of the “Emergency Lawyers” committee, painted a grim picture of Sudan’s future, arguing that the recent legal amendments have expanded GIS powers while shielding perpetrators from accountability. Speaking to Atar, Siham stressed that as long as these immunities exist, justice will remain elusive.
She also highlighted the dangers posed by Article 46, which granted immunity to not only GIS members but also their collaborators—an undefined group. This lack of transparency raises serious questions about accountability, making it nearly impossible to investigate abuses like torture or unlawful detention.
Transitional justice
Siham argued that the legal amendments were passed by a temporary government with no clear legitimacy, representing a stark regression in human rights and the rule of law in Sudan
Despite the bleak outlook, Siham believes transitional justice could serve as a tool to restore accountability, but only in a stable political climate. She emphasised that structural reform of the intelligence services and a separation of powers between the executive and judiciary are critical to ending the culture of impunity.
In her conclusion, Siham argued that the legal amendments were passed by a temporary government with no clear legitimacy, representing a stark regression in human rights and the rule of law in Sudan.
