Follow-up of case SDN 140108_Release of the ten Ethiopians

Geneva, 28 February 2008

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information about the following situation in Sudan.

New Information

The International Secretariat of OMCT has been informed by the Sudan Organisation Against Torture (SOAT), a member of OMCT SOS-Torture network, of the release on 24 February 2008 of the ten Ethiopians who were detained in Kobar prison, in Khartoum, and were at risk of being deported to Ethiopia.

According to the information received, Mr. Haroun Idriss, Mr. Abdala Suliman, Mr. Badreldin Ali, Mr. Mohamed Amin Nardi, Mr. Ibrahim Atbana, Mr. Argana Slfim, Mr. Shibabaw Asefa, Mr. Achenef Alemu, Mr. Mamai Trunch and Mr. Abebe Yigletu were released on 24 February 2008. They had been held without access to lawyers since their arrests in January and July 2007, amid concerns that they would be forcibly returned to Ethiopia. However, despite they release from detention, they are still required to report weekly to the office of the prosecutor for state security. The latter requirement has been reportedly justified under Article 118 of the Criminal Procedure Act, which provides for powers to issue “precautionary orders” in cases where a person is likely to “disturb public peace or tranquillity”. It is reported that there is a high risk that any of them who would be deported to Ethiopia could face death because of their past political activities

While the International Secretariat of OMCT welcomes the release of the ten Ethiopians it remains concerned as to their status. OMCT calls on the Sudanese Government to guarantee their integrity at all times. Furthermore, as a State party to the International Covenant on Civil and Political Rights (ICCPR), the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, and the African Union (AU) Convention Governing the Specific Aspects of Refugee Problems in Africa, Sudan is obliged not to forcibly return any individual to a country where he or she could face torture or other serious human rights violations.

Reminder of the situation

According to the information received, four Eritreans, namely Mr. Marhui Gbryrham, Mr. Fitouy Fshai Yingbr Mikaeel, Mr. Dislby Tsfa Brhan Hagoss and Mr. Ablom tfisty gbry Slasy, were reportedly held by the security forces in Eastern Sudan after apparently evading compulsory military service at home. They were reportedly arrested around 2 November 2007 at the Sudanese border and were allegedly held without charge under the National Security Forces Act of 1999 in Port Sudan State Prison. Members of SOAT’s network of lawyers in Sudan were reportedly denied access to them in detention. They were released on bail on 16 January 2008 from the Port Sudan State Prison and transferred to the Wad Shrifi refugee camp near Kassala. According to the information, there are no criminal proceedings against them but their current status remains unclear. It is reported that there are high risks of lengthy detention and use of torture against individuals accused of skipping conscription in Eritrea.

According to the same information, six Ethiopians, namely Mr. Haroun Idriss (who suffered from irritable bowel syndrome), Mr. Abdala Suliman (who suffered from diabetes mellitus), Mr. Badreldin Ali (who suffered from rheumatism), Mr. Mohamed Amin Nardi (who suffered from diabetes mellitus, hypertension and a skin allergy), Mr. Ibrahim Atbana and Mr. Argana Slfim, were detained in Khartoum, reportedly in Dabak prison since 21 December 2007, under the National Security Forces Act after being arrested from their homes in July 2007. They were reportedly arrested along with three other individuals, namely Mr. Adam Pasilio, Mr. Minika Hailo and Mr. Faisal Mohamed Osman, who were reportedly deported to Ethiopia on 27 September 2007 according to a ruling by the Khartoum North Criminal Court after they apparently confessed to residing illegally in Sudan. They have reportedly since been detained by the Ethiopian authorities and held in an unknown location. According to the same information, members of this group had held refugee status in Sudan since 2004 and had permission to remain in the country, which was renewed periodically. They are Muslims belonging to the Oromo ethnic group.

Furthermore, OMCT was informed that four additional Ethiopians, namely Mr. Shibabaw Asefa (approximately 42-years-old), Mr. Achenef Alemu (63-years-old), Mr. Mamai Trunch (40-years-old) and Mr. Abebe Yigletu (age unknown), were detained in Kobar prison and were also at risk of deportation. According to the information received, Mr. Achenef Alemu had been arrested in January 2007 and the other three detained in July 2007. They were reportedly visited by relatives in prison but not by lawyers. All are reportedly Christians belonging to the Amhara ethnic group and all have reportedly refugee status in Sudan. Mr. Shibabaw Asefa and Mr. Mamai Trunch were reportedly previously detained and ill-treated in Ethiopia because of their political activities. They all reportedly feared that, if they were forcefully returned to Ethiopia, they could face torture and death because of their political backgrounds.

Requested Action

Please write to the authorities in Sudan urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of the above mentioned individuals;
2. End the weekly summonses of the ten individuals in the absence of valid legal charges, or if legitimate charges exist, bring them before an impartial tribunal and guarantee their procedural rights at all times;
3. Respect its international obligations not to forcibly return anyone to a country where they would be at risk of serious human rights violations such as torture;
4. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• His Excellency President Omar Hassan Ahmad al-Bashir, Office of the President, People’s Palace, PO Box 281, Khartoum, Sudan, Fax: +249 183 782541
• His Excellency Salva Kiir Mayardit, First Vice-President, People’s Palace, PO Box 281, Khartoum, Sudan, Fax: + 249 11 779977 / 771025
• His Excellency Ali Osman Mohamed Taha, Vice-President, People’s Palace, PO Box 281, Khartoum, Sudan, Fax: + 249 183 77 10 25
• Mr Muhammad Ali al-Maradhi, Minister of Justice and Attorney General, Ministry of Justice, PO Box 302,Khartoum, Sudan, Fax: +249 183 780796
• Mr Deng Alor, Minister of Foreign Affairs, Ministry of Foreign Affairs/External Relations, PO Box 873, Khartoum, Sudan, Fax: + 249 183 77 93 83
• Mr Al-Zubair Bashir Taha, Minister of Internal Affairs, Ministry of Interior, PO Box 873, Khartoum, Sudan, Fax: +249 183 779383
• Dr Abdelmuneim Osman Mohamed Taha, Advisory Council for Human Rights, Rapporteur, PO Box 302, Khartoum, Sudan, Fax: +249 183 77 08 83
• Permanent Mission of the Republic of Sudan to the United Nations in Geneva, Avenue Blanc 47, 1202 Geneva, Switzerland, Tel: +41 22 731 26 63, Fax: +41 22 731 26 56, Email: mission.sudan@bluewin.ch / mission.sudan@ties.itu.int
• The Embassy of Sudan in Brussels, Avenue F.D. Roosevelt 124, 1050 Brussels, Belgium. Tel.:0032 (2) 647 51 59 / 0032 (2) 647 94 94, Fax: 0032 (2) 648 34 99, Email: sudanbx@yahoo.com

Please also write to the embassies of Sudan in your respective country.

Geneva, 28 February 2008

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.