Sudan
30.12.04
Urgent Interventions
Sudan: Arbitrary arrest and detention of 5 members of the Fur tribe from Terbo
Case SDN 301204
Arbitrary Arrest and Detention
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 on 13 December 2004 by security officers and detention to this date of the following members of the Fur tribe from Terbo, a village located near Almalam, north east of the city of Nyala:
1. Mr. Khaleel Adam, age 50, tribal leader
2. Mr. Ali Ahmed Adam, age 52, teacher
3. Mr. Issa Dawood Maohamed, age 40, teacher
4. Mr. Abdella Ismeal Abaker, age 45, teacher
5. Mr. Yousif Ahmed Adam, age 35, teacher.
According to the information received, on 12 December 2004, the five men were solicited by government authorities in Nyala to act as representatives of the Fur tribe to negotiate a peace settlement with local Arab tribes. The men initially refused, stating that they had never been officially assigned to represent the Fur tribe. They later agreed under the condition that they would seek permission from Fur tribe members and tribal leaders to negotiate on their behalf, because of this requirement the government had already considered them as uncooperative.
The five men were ordered by security officers to be present at the Security office in Nyala on 13 December 2004. Upon their arrival, they were arrested and detained inside the security office for one day. On the second day of their detention, they were moved to the Nyala Wasat (central) police station where they were officially charged with articles 51 (Waging War against the State) and 58 (Abetment of Mutiny) of the 1991 Sudanese Penal Code. On 16 December 2004, the detainees were transferred to the Nyala prison, where they remain in detention to this date.
OMCT is deeply concerned by this case of arbitrary arrest and detention, and fears for the physical and psychological integrity of the fives men. OMCT believes that they have been apprehended solely for the peaceful expression of their opinions. OMCT thus urges the government of Sudan to respect its obligations as party to the International Covenant on Civil and Political Rights, which under Article 9 (1) states that “No one shall be subjected to arbitrary arrest or detention”.
In accordance with these obligations, OMCT calls on the authorities in Sudan to launch immediately a thorough and impartial investigation in order to identify and prosecute those responsible for the arbitrary arrest and detention of the aforementioned Fur tribe members. OMCT also urges the authorities to ensure that adequate reparation is awarded to all five victims.
Requested Action:
Please write to the authorities in Sudan urging them to:
i. Guarantee the physical and psychological integrity of Mr. Khaleel Adam, Mr. Ali Ahmed Adam, Mr. Issa Dawood Maohamed, Mr. Abdella Ismeal Abaker and Mr. Yousif Ahmed Adam;
ii. Immediately drop all the charges against all the detainees in the absence of valid legal charges, or if legitimate charges exist, bring them before an impartial tribunal and guarantee procedural rights at all times.
iii. Order a thorough and impartial investigation into the circumstances of the illegal arrest and detention of the five victims, 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;
iv. Ensure that adequate reparation is awarded to the victims;
v. 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:
Please also write to the embassies of Sudan in your respective country.
Geneva, 30 December 2004.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary Arrest and Detention
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 on 13 December 2004 by security officers and detention to this date of the following members of the Fur tribe from Terbo, a village located near Almalam, north east of the city of Nyala:
1. Mr. Khaleel Adam, age 50, tribal leader
2. Mr. Ali Ahmed Adam, age 52, teacher
3. Mr. Issa Dawood Maohamed, age 40, teacher
4. Mr. Abdella Ismeal Abaker, age 45, teacher
5. Mr. Yousif Ahmed Adam, age 35, teacher.
According to the information received, on 12 December 2004, the five men were solicited by government authorities in Nyala to act as representatives of the Fur tribe to negotiate a peace settlement with local Arab tribes. The men initially refused, stating that they had never been officially assigned to represent the Fur tribe. They later agreed under the condition that they would seek permission from Fur tribe members and tribal leaders to negotiate on their behalf, because of this requirement the government had already considered them as uncooperative.
The five men were ordered by security officers to be present at the Security office in Nyala on 13 December 2004. Upon their arrival, they were arrested and detained inside the security office for one day. On the second day of their detention, they were moved to the Nyala Wasat (central) police station where they were officially charged with articles 51 (Waging War against the State) and 58 (Abetment of Mutiny) of the 1991 Sudanese Penal Code. On 16 December 2004, the detainees were transferred to the Nyala prison, where they remain in detention to this date.
OMCT is deeply concerned by this case of arbitrary arrest and detention, and fears for the physical and psychological integrity of the fives men. OMCT believes that they have been apprehended solely for the peaceful expression of their opinions. OMCT thus urges the government of Sudan to respect its obligations as party to the International Covenant on Civil and Political Rights, which under Article 9 (1) states that “No one shall be subjected to arbitrary arrest or detention”.
In accordance with these obligations, OMCT calls on the authorities in Sudan to launch immediately a thorough and impartial investigation in order to identify and prosecute those responsible for the arbitrary arrest and detention of the aforementioned Fur tribe members. OMCT also urges the authorities to ensure that adequate reparation is awarded to all five victims.
Requested Action:
Please write to the authorities in Sudan urging them to:
i. Guarantee the physical and psychological integrity of Mr. Khaleel Adam, Mr. Ali Ahmed Adam, Mr. Issa Dawood Maohamed, Mr. Abdella Ismeal Abaker and Mr. Yousif Ahmed Adam;
ii. Immediately drop all the charges against all the detainees in the absence of valid legal charges, or if legitimate charges exist, bring them before an impartial tribunal and guarantee procedural rights at all times.
iii. Order a thorough and impartial investigation into the circumstances of the illegal arrest and detention of the five victims, 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;
iv. Ensure that adequate reparation is awarded to the victims;
v. 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. Ibrahim Mirghani Ibrahim
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, 30 December 2004.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.