Sudan
20.12.04
Urgent Interventions

Sudan: Arbitrary arrest and detention and torture of Mr. Adel Eltigani Bashir

Case SDN 201204
Arbitrary Arrest and Detention / Torture


The International Secretariat of 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 the OMCT network, of the arbitrary arrest and detention and torture of Mr. Adel Eltigani Bashir (23 years-old) between 28 November 2004 and 12 December 2004 in Alfashir.

According to the information received, security forces arrested Mr. Bashir, a student at the Faculty of Arts of Omdurman Ahlia University and a member of the Darfurian tribe of Zaghawa on 28 November 2004, while he was on vacation in his hometown of Alfashir. During his detention security forces reportedly searched his house and found articles and materials downloaded from the internet on the Darfur crisis. He was released on 12 December 2004 along with seven other detainees, after the government of North Darfur issued them certificates signed by the Governor of Darfur according to which they were accorded a general amnesty by the State.

It is reported that Mr. Bashir was tortured during his detention in security offices in Alfashir, especially that during the two first days following his arrest he was abused verbally and beaten heavily. He received medical treatment after his release.

It is also reported that the case of Mr. Bashir illustrates a general attitude of the Sudanese security apparatus, namely the continual arbitrary arrest, detention and torture of civilians suspected of collaboration with rebel groups.

OMCT is gravely concerned by this case of arbitrary detention and torture of a civilian person in the context of the conflict in the Darfur region in Sudan. OMCT recalls that according to the common article 3 of the Geneva Conventions, to which Sudan is a State Party, “In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties… persons taking no active part in the hostilities… shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture… d) the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples”. It should also be recalled that according to the article 2 of the Protocol on the Improvement of the Humanitarian Situation in Darfur, agreed upon between the Government of Sudan and the Sudan Liberation Movement/Army, the Government has committed itself to “ take all the steps required to prevent all attacks, threats, intimidation and any other form of violence against civilians…”.

OMCT calls on the authorities in Sudan to launch immediately a thorough and impartial investigation in order to identify those responsible for the arbitrary detention and torture of Mr. Adel Eltigani Bashir, to bring them into justice and to apply to them the sanctions provided for by law. OMCT also urges the authorities to ensure that adequate reparation is awarded to M. Bashir.


Requested Action:
Please write to the authorities in Sudan urging them to:
i. guarantee the physical and psychological integrity of Mr. Adel Eltigani Bashir;

ii. order a thorough and impartial investigation into the circumstances of the arrest, detention and torture of Mr. Adel Eltigani Bashir, in order to identify all those responsible, bring them to trial and apply to them the civil, penal and/or administrative sanctions provided by law;

iii. guarantee that adequate reparation is awarded to the victim;

iv. 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 Lieutenant General Omar Hassan al-Bashir, President of the Republic of Sudan, President' s Palace, PO Box 281, Khartoum, Sudan. Fax: + 249 183 783223

  • Mr. Ali Mohamed Osman Yassin, Minister of Justice and Attorney General, Ministry of Justice, Khartoum, Sudan. Fax: + 249 183 788941

  • Mr. Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of Foreign Affair, PO Box 873, Khartoum, Sudan. Fax: + 249 183 779383

  • Dr. Abdelmuneim Osman Mohamed Taha, Advisory Council for Human Rights, PO Box 302, Khartoum, Sudan. Fax: + 249 183 770883

  • His Excellency Ambassador Mr. Mohamed Al- Hassan Ahmed Al-Haj, Permanent Mission of the Republic of Sudan to the United Nations in Geneva, PO Box 335, 1211 Geneva, Switzerland, Fax: +4122 731 26 56, +41 22 716 19 70, E-mail: mission.sudan@ties.itu.int.

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

Geneva, 20 December 2004.

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