AB (return of Southern Sudanese) Sudan  UKIAT 00260
Date of hearing: 10 August 2004
Date Determination notified: 17 September 2004
|Secretary of State for the Home Department||APPELLANT|
'38. Article 3 prohibits the use of torture, or inhuman or degrading treatment. In accord with my findings on the Asylum claim I am not satisfied that the appellant has established that he is at risk of such treatment should he be returned on the basis of his political activities. However, I also have to consider whether he may be at risk as a returned unsuccessful asylum seeker. In making this assessment I have followed the guidance given in the UNHCR letter of 1.7.02. I find that he is very likely to be subject to investigation by the security services on arrival. The UNHCR are aware that some have been detained without trial, and international agencies do not have access to detainees, including the Red Cross. In addition he would not only be a failed asylum seeker but also one who hailed from the south of Sudan. He may well be prevented from travelling to the south but placed in a camp with harsh living conditions and physical insecurity. I also take into account that the appellant has been active with the SPLM in the UK, and has probably come to the attention of security forces in Sudan. I also accept that the appellant does have a family background of SPLM membership, which again could make him vulnerable on entry.'
'It is hereby decided to detain any Sudanese person returning from abroad who has left the Sudan after the Revolution of Salvation – and resided for abroad for a period of one year or more. He is to be transferred to the headquarters of the Public Security Department for investigation and for carrying out the necessary security measures.'
'6.134 The IRIA reported that the ceasefire resulted in the establishment of an international presence; a cessation of hostilities and reduction in violence; humanitarian access and aid; a check on the alarming decline of the food security situation in the SPLM/A controlled areas of the region. A Deutsch Presse Agenteur article of January 2004 reported that there had been no major infringements of the ceasefire since the agreement was signed in January 2002 and that "Of 54 investigated alleged ceasefire allegations, only 9 cases had been considered real violations".'
'Further factors to be taken into account are the dangers posed where Southern Sudanese who hail from the south are returned to Khartoum. Such persons may be placed in camps for the internally displaced and would likely be compelled to contend with harsh living conditions and physical insecurity'.
(a) there is no evidence before it to cast doubt upon the Tribunal's findings in AA (Sudan);
(b) there is no evidence to show that, at the present time, being a person who originates from southern Sudan is such as to put him or her at real risk on return to Khartoum;
(c) conditions in displaced persons camps and squatter slums in Khartoum, for those originating from southern Sudan, are not a violation of Article 3 of the ECHR, and
(d) the UNHCR letter of 1 July 2002 is today of little evidential value.