Pursuant to Security Council Resolution 1564 of 18 September 2004
Geneva, 25 January 2005
(vii) National Security and Intelligence Service
89. National Security forces are regular forces whose mission is to oversee the internal and external security of the Sudan, monitor relevant events, analyze the significance and dangers of the same, and recommend protection measures.20 According to information received by the Commission, the National Security and Intelligence Service is one of the most powerful organs in the Sudan. Its derives from the National Security Force Act of 1999, as amended in 2001, which states that there shall be an Internal Security Organ in charge of internal security, and a Sudanese Intelligence Organ in charge of external security.21
90. National Security Forces act under the general supervision of the President.22 The direct
responsibility of the Organ is assumed by the Director-General23 who is appointed by the President.24 The Director-General is responsible to the President for the execution of his functions and the overall performance of the Organ.25
91. According to the Act, a body known as “The National Security Council” is to be established to oversee the implementation of the security plan of the country; to supervise the progress of security work; to co-ordinate between security organs; to follow-up on the implementation of security policies and programmes; to approve regulations related to the organization of work; and to constitute a technical committee from the organs forming the Council in order to assist in the progress of work.26 The National Security Council is to be constituted of the President, the President’s advisor on security affairs, the Minister of Defence, the Minister of Foreign Relations, the Minister of Internal Affairs, the Minister of Justice, the Director of the Internal Security Organ, and the Director of the Sudanese Intelligence Organ.27
92. The Act also provides for the establishment of the “High Technical Security Committee” which has a mandate to study the security plans presented by the states and the competent organs, submit the plans to the Council for approval, follow-up on implementation, and receive reports with respect thereto. The Committee is to co-ordinate the business of security committees in the various states, with regard to the security plans set out by the Council.28
93. Major General Sallah Abdallah (also known as Sallah Gosh), the Director-General of the
National Security and Intelligence Service, informed the Commission of a decision to create one unified service, comprising both the internal and external intelligence. This service was formed in February 2004 and is known as “the National Security and Intelligence Service.” The Director-General told the Commission that he reports at least every second day to the President and/or First Vice-President. While he co-operates with other organs of the Government, he is accountable directly to the President.
94. With regard to the Darfur crisis, the Director-General stated that the National Security and
Intelligence Service would gather information and report to the President about the situation. Depending on the nature of the issue, it would also report to the Ministry of Defence, Ministry of Interior, Ministry of Foreign Affairs or Ministry of Humanitarian Affairs. Based on the information received, the President would then instruct the Cabinet. He further stated that the President formed a coordinating Committee in response to the crisis, which was headed by the Minister for Federal Affairs and included Minister of Defence, Minister of Interior, Director of Intelligence, Minister of Foreign Affairs and Minister of Humanitarian Affairs. However, according to the Director-General the Committee has not met in the last 12 months. Instead, each of the relevant Ministries or Organs have dealt individually or bilaterally with the matter under their competence.
95. As to the hierarchy within the National Security and Intelligence Service, the Director-General informed the Commission that he has a Deputy, with whom he shares his activities and functions, as well as four Directors. The Service has a desk specifically to address the situation in Darfur, which receives all information regarding the area, including external public information. This unit is responsible for producing and analyzing intelligence. Every unit reports up the chain of command and ultimately every action is reported to the Director-General.
96. The Commission noted that the National Security Force Act, as amended in 2001, gives the
security forces wide-reaching powers, including the power to detain without charge or access to a judge for up to nine months. In Khartoum, the Commission interviewed detainees that were held
incommunicado by the security forces in “ghost houses” under abhorrent conditions. In some cases, torture, beatings and threats were used during interrogations and so as to extract confessions. Some of the detainees had been held for 11 months without charge, access to a lawyer or communication with family.
97. The security forces collect information on all aspects of life in the three States of Darfur. This
information is disseminated to the relevant Ministries for appropriate action. The Director-General confirmed that this information or intelligence may relate to matters such as the presence of rebels and whether or not they have arms. The military may use this information to make operational decisions. While the National Security and Intelligence Service does not give orders to the military, it provides it with information which is used as a basis for operational planning.
20 Article 124, Part VII, Constitution of Sudan
21 Article 5(1) and 5(2), National Security Act.
22 Article 5(3), National Security Act.
23 Article 5(4), National Security Act.
24 Article 10(1), National Security Act.
25 Article 10(3), National Security Act
26 Article 35, National Security Act.
27 Article 34(1), National Security Act.
28 Articles 38 and 39, National Security Act.