The Khartoum massacre took place on 3 June 2019 in the context of the Sudanese Revolution 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, under the leadership of Mohamed Hamdan Dagalo. The rapes were documented as a deliberate campaign to "break the girls" according to France 24. 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 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 had been launched against eight unnamed high-ranking security officers. The report was considered "poor and defective" by citizens' groups. The Darfur Bar Association 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 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. 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, the Transitional Legislative Council, governors of provinces and heads of regions, with Article 21. giving the Transitional Legislative Council the right to lift that immunity by a simple majority.
Commission
On 21 September 2019, Prime MinisterAbdalla Hamdok issued a decision to create the primary investigation commission of seven lawyers, including a Supreme Court 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 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.
Missing persons committee
On 23 September, the Attorney-General 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.
