Follow-up of case SDN 260308.1/ SDN 260308.1.CC_Risk of impunity

Geneva, 16 April 2008

The International Secretariat of the World Organisation Against Torture (OMCT) received new information on 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, that the five Darfuri students, who were further charged of alleged participation in a riot, namely Mr. Daoud Ahmed Altahier, Mr. Mohmed Ali Hmado, Mr. Esmail Ebaid Abakr, Mr. Adem Babkr Naiel and Mr. Ahmed Abdien Hamad Younies, will face a hearing on 24 April 2008 before the Obeid Criminal Court.

Moreover, according to the same information received, none of the nine Darfuri students (the above mentioned individuals and Mr. Alfadel Omer Shamo, Mr. Mubark Bakhiet Ebrahim, Mr. Mahmud Naiel Mohamed and 16 years old Mr. Khalid Ahmed Mansor), who had all been allegedly tortured during their detention at the Security Agents Office, received appropriate medical treatment and no investigation was launched into the allegations.

The International Secretariat of OMCT expresses its grave concern about the allegations of torture by security forces and in particular the reported lack of investigation therein. OMCT urges the Sudanese authorities to guarantee the physical and psychological integrity of all the above mentioned individuals at all times. OMCT recalls that Sudan is a State party to the International Covenant on Civil and Political Rights (ICCPR), which prohibits cruel, inhuman or degrading treatment. In line with their obligations under this treaty, it is incumbent on the Sudanese authorities to consider seriously any allegations of torture and ill-treatment made by the victim, and to undertake a thorough investigation in this regard. Furthermore, OMCT would like to remind Sudan that under the UN Convention on the Rights of the Child, to which Sudan is party, “States Parties shall ensure that: no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment” (article 37 (a)).

Reminder of the situation

OMCT was informed that nine Darfuri, including a minor, were arrested and allegedly tortured in Nothern Kordofan state following clashes sparked by student union elections.

According to the information received, the violence erupted in the town of el-Obeid during elections for the Kordofan University Student Union, between Darfuri students and others loyal to the ruling National Congress Party (NCP). When the results were announced the following day, Darfuri students reportedly objected that the voting had been rigged. On 23 February 2008, nine Darfuris – all of them members of the faction of the Sudan Liberation Movement led by Minni Minawi – were reportedly arrested from a house in the Hay al-Buga area of al-Obeid.

The details of those arrested are as follows:

1. Mr. Daoud Ahmed Altahier (graduated from al-Ahlia University, chairperson of the Wadey Hauer University Students’ Association)
2. Mr. Mohmed Ali Hmado (graduated from al-Nilen University)
3. Mr. Esmail Ebaid Abakr (graduated from al-Nilen University)
4. Mr. Adem Babkr Naiel (graduated from al-Nilen University)
5. Mr. Ahmed Abdien Hamad Younies (graduated from al-Nilen University)
6. Mr. Alfadel Omer Shamo (student at al-Delng University)
7. Mr. Mubark Bakhiet Ebrahim (student at al-Delng University)
8. Mr. Mahmud Naiel Mohamed (graduated from al-Delng University)
9. Mr. Khalid Ahmed Mansor (16 years old, high school student in al-Delng)

According to the same information, some members of the group had travelled from Khartoum to Kordofan to support their party in the student union elections there. They were initially held for a day in the custody of the security services before being transferred to Shortat al-Qism al-Awsat police station. Mr. Alfadel Omer Shamo, Mr. Mubark Bakhiet Ebrahim, Mr. Mahmud Naiel Mohamed and Mr. Khalid Ahmed Mansor were released without charges on 26 February 2008 and the remaining five individuals were released on 4 March 2008. These five were reportedly charged with illegal possession of weapons and with alleged participation in a riot. While a court subsequently dismissed the case of illegal possession of weapons against them on 14 March 2008, the other charge remains pending.

According to the same information, all the above mentioned individuals are reported to have suffered torture including beatings during their time in detention. They were reportedly tortured while at the Security Agents Office, before being transferred to the police station (after approximately 35 hours). Mr. Esmail Ebaid Abakr was reportedly unable to see for several days and Mr. Daoud Ahmed Altahier had marks from where he was allegedly hung by a rope (at the time of issuing the appeal no further information were available on the torture suffered.)

Political violence on university campuses is reportedly a frequent occurrence in Sudan. The tensions surrounding the recent student election in Northern Kordofan, which borders the conflict-ridden Darfur region, are thought to be related at least in part to efforts by the NCP to exert its influence there in the run-up to national elections scheduled to take place next year.

Requested Action

Please write to the authorities in Sudan urging them to:

1. Guarantee the physical and psychological integrity of all the above mentioned individuals and guarantee appropriate medical treatment;
2. Drop the charges against Mr. Daoud Ahmed Altahier, Mr. Mohmed Ali Hmado, Mr. Esmail Ebaid Abakr, Mr. Adem Babkr Naiel and Mr. Ahmed Abdien Hamad Younies in the absence of valid legal charges that are consistent with international law and standards, or if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
3. Order a thorough and impartial investigation into these events, in particular into the allegations of torture, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
4. Guarantee that adequate compensation is awarded to all nine individuals;
5. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international humanitarian law and 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 Abdel Bassit Sabdarat, Minister of Justice, 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 Ibrahim Mohamed Hamed, 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, 16 April 2008.

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