CAT/C/30/D/198/2002
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any form of oversight. Detention generally lasted from a few days to three weeks. The purpose
was to intimidate suspected political adversaries; detainees were subjected to mental and
physical abuse and torture. The armed attacks in eastern Sudan led to increased use of these
centres in the first half of 1997, but once the Government established greater control over the
situation later in 1997, their use declined. The Minister concluded that since 1997, some positive
changes in Sudan were discernible. The situation was not such as to imply that it would be
irresponsible to return a Sudanese national whose application for admission as a refugee or for a
residence permit on humanitarian grounds had been refused after careful consideration.
4.7
By letter of 20 November 1998, the State Secretary for Justice notified the House of
Representatives of his decision that Northern Sudanese asylum-seekers would no longer be
eligible for provisional residence permits.4 On 2 June 1999, the Legal Uniformity (Alien affairs)
Division concluded that, on the basis of the information available, the State Secretary for
Justice’s decision was justified.
4.8
The country report of 1999 stated that the human rights situation in Sudan had improved
slightly but remained a cause of concern. Especially, the situation in the conflict areas was
troubling. Arbitrary arrest and detention had become less common, but were still possible under
the National Security Act and the Criminal Code (no date specified).
4.9
On 21 July 2000, the Minister of Foreign Affairs released a supplementary report on the
policy of a number of Western countries on the return of Sudanese whose applications for
asylum were unsuccessful. The country reports of 1999 and 2000 led the State Secretary for
Justice to alter his policy on categorical protection. In particular, members of the non-Arabic
South Sudanese groups or Nuba groups who, before leaving the country, had resided undisturbed
in Northern Sudan, were no more eligible for provisional residence permits.
4.10 The State party’s latest country report of March 2001 notes that the human rights
situation had improved slightly but remained a cause of concern, especially in conflict areas.
President al-Bashir replaced the Tawali Act of January 1999 by new Act on Political Parties,
permitting political parties of 100 members or more to conduct political activities. The report
states that political parties can carry out political activities without adverse consequences to a
reasonable extent. There is no complete freedom, however. Political leaders, for instance, have
on several occasions been summoned for questioning by security services and one arrest has
been reported. There were, however, no cases of detention lasting longer than a day or of a
serious abuse, as there were before. Parties, such as the UP and DUP, enjoyed more freedom
than before. Members of the northern opposition returned to Sudan in response to the
“Motherland Call” and an amnesty for political refugees living in exile announced by
President al-Bashir on several occasions and put in writing on 3 June 2000. Accordingly, the
State party’s policy in relation to residence requests from Sudanese asylum-seekers remained
intact.
4.11 In relation to the petitioner’s personal situation, the State party recalls that he claims to
have begun work as a lawyer in Khartoum in March 1992, and was a member of the trade union
for Sudanese lawyers (“the lawyers’ union”). In 1993, he became a member of the Democratic
Unionist Party (DUP), belonging to the National Democratic Alliance. The lawyers’ union had