Incommunicado detention of two indivduals_Fear for safety

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Sudan.

Brief description of the situation

The International Secretariat of OMCT has been informed by the Sudan Organisation Against Torture (SOAT), a member of OMCT SOS-Torture Network, about the arbitrary and incommunicado detention of Dr. Hassan Al Turabi, 76-year-old leader of the opposition group Popular Congress Party (PCP), and Dr. Bashir Adam Rahama, political officer of the PCP, who are currently detained in Kober Prison.

According to the information received, Dr. Hassan Al Turabi and Dr. Bashir Adam Rahama were arrested by agents of the Sudanese National Intelligence and Security Services (NISS) on 14 January 2009 in Khartoum. Since then, they have been refused access to their families and legal representation. Both individuals reportedly suffer from high blood pressure and Dr. Hassan Al Turabi’s family was not allowed to give him his medicine. Furthermore, till now, no charges were brought against them and the exact reasons of their arrest remain unclear.

According to the same information, Dr. Hassan Al Turabi had made a statement two days before his arrest calling on President Al Bashir to assume political responsibility for the crimes committed in Darfur, including displacement, burning of villages and systematic rapes, and had suggested that he should defend himself in the International Criminal Court (ICC). Dr. Bashir Adam Rahama had also reportedly expressed his support for the ICC.

The International Secretariat of OMCT is gravely concern for the safety of Dr. Hassan Al Turabi and Dr. Bashir Adam Rahama, being at particular risk of torture and other forms of ill-treatment due to their conditions of detention. OMCT is further concerned with regard to their detention, which, according to the information received, seemed to be based solely for the peaceful exercise of their rights to freedom of expression. OMCT recalls to Sudan that according to article 9 1) of the International Covenant on Civil and Political Rights (ICCPR) “no one shall be subjected to arbitrary arrest or detention”. OMCT has been informed of an increase in incidents of enforced censorship, arbitrary detention and interrogation since the ICC Prosecutor asked the pre-trial judges to indict President Al-Bashir for genocide, war crimes and crimes against humanity.

Requested Action

Please write to the authorities in Sudan urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Dr. Hassan Al Turabi and Dr. Bashir Adam Rahama;
2. Guarantee immediate and unconditional access to a lawyer of their choice, their family and any appropriate medical care and treatment they may require;
3. Order their immediate release in the absence of valid legal charges that are consistent with international law and standards, and if such charges exist, bring them before an impartial, independent, competent and fair tribunal and guarantee their procedural rights at all times;
4. Order a thorough and impartial investigation into these events, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
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, and in particular, expedite reforms to bring the Sudanese justice system and all legislation into line with the Interim National Constitution and international human rights standards, and to end the impunity of state officials.

Addresses

• H.E. President Omar Hassan Ahmad al-Bashir, Office of the President, People’s Palace, PO Box 281, Khartoum, Sudan
• H.E. Salva Kiir Mayardit, First Vice-President, People’s Palace, PO Box 281, Khartoum, Sudan,
• H.E. Ali Osman Mohamed Taha, Vice-President, People’s Palace, PO Box 281, Khartoum, Sudan
• Mr. Abdel Bassit Sabdarat, Minister of Justice, Ministry of Justice, PO Box 302, Khartoum, Sudan
• Mr. Deng Alor, Minister of Foreign Affairs, Ministry of Foreign Affairs/External Relations, PO Box 873, Khartoum, Sudan
• 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 January 2009

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