Sudan
07.12.04
Urgent Interventions
Sudan - Arbitrary arrest and detention of Mr. Hussein Khogali
Case SDN 071204
Arbitrary Arrest and Incommunicado 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 arrest and arbitrary detention of Mr. Hussein Khogali, Chief Editor and owner of the daily Arabic newspaper Alalwan.
According to the information received, Mr. Hussein was arrested on 22 November 2004 from one of his offices in Amarat, Khartoum, by the National Security Agency (NSA). Following the arrest, the NSA confiscated all copies of Alalwan in the late hours of 22 November 2004 after waiting for the 23 November edition of the paper to be printed.
Mr. Hussein whereabouts are currently unknown, and he has not been charged with any official offences. His family has reportedly been refused access for visits. He was suffering from abdominal hernia at the time of his arrest and it is reported that he has not recovered. Mr. Hussein was previously arrested on 12 September 2004 and detained at the Kober prison on suspicion of supporting the Popular National Congress (PNC), an opposition party. He was released on 29 September on the condition that he would no longer write for the paper, according to the NSA.
Allegedly, Mr. Hussein was arrested on 22 November because the security forces had received information that he had continued to write for the paper in breach of the condition of his last release.
Reportedly, the real reason behind the arrest and detention of Hussein Khogali by the NSA is that the government considers him and the Alalwan to be the unofficial organs of Hassan al-Turabi and his party, the PNC. Following his release from Kober prison on 29 September, Mr. Hussein Khogali was asked by the security to condemn the PNC and al-Turabi, for the alleged coup attempt in Khartoum in September. Mr. Hussein refused to do so and maintained that his paper was independent.
According to the information received, it is believed by SOAT that Mr. Hussein is being detained solely for the peaceful expression of his opinions.
The International Secretariat of OMCT is gravely concerned about the physical and psychological integrity of Mr. Hussein Khogali. It is equally alarmed by the general “pre-censorship” imposed by the NSA as of 11 September 2004, instructing the Chief Editors of all Sudanese newspapers not to report any news concerning the situation in Darfur or the PNC, with the exception of information released by the government. This injunction followed the arrest of members of the PNC - including its head, Hassan al-Turabi - by the authorities for allegedly plotting to overthrow the government.
OMCT condemns the arbitrary arrest and detention of Mr. Hussein Khogali and calls upon the Sudanese authorities to respect its obligations as a party to the International Covenant on Civil and Political Rights which under Article 9 (§1) states: “No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law”. As relevantly, article 19 of the same Covenant asserts that "Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice".
Action Requested
Please write to the authorities in Sudan urging them to:
i. Immediately locate the whereabouts of Mr Hussein Khogali;
ii. Take all measures necessary to guarantee the physical and psychological integrity of Mr. Hussein Khogali;
iii. Guarantee that he is granted regular and adequate access to legal representation and family visits;
iv. Order his immediate release in absence of legal charges consistent with international law standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
v. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses:
Please also write to the embassies of Sudan in your respective country.
Geneva, December 7, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary Arrest and Incommunicado 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 arrest and arbitrary detention of Mr. Hussein Khogali, Chief Editor and owner of the daily Arabic newspaper Alalwan.
According to the information received, Mr. Hussein was arrested on 22 November 2004 from one of his offices in Amarat, Khartoum, by the National Security Agency (NSA). Following the arrest, the NSA confiscated all copies of Alalwan in the late hours of 22 November 2004 after waiting for the 23 November edition of the paper to be printed.
Mr. Hussein whereabouts are currently unknown, and he has not been charged with any official offences. His family has reportedly been refused access for visits. He was suffering from abdominal hernia at the time of his arrest and it is reported that he has not recovered. Mr. Hussein was previously arrested on 12 September 2004 and detained at the Kober prison on suspicion of supporting the Popular National Congress (PNC), an opposition party. He was released on 29 September on the condition that he would no longer write for the paper, according to the NSA.
Allegedly, Mr. Hussein was arrested on 22 November because the security forces had received information that he had continued to write for the paper in breach of the condition of his last release.
Reportedly, the real reason behind the arrest and detention of Hussein Khogali by the NSA is that the government considers him and the Alalwan to be the unofficial organs of Hassan al-Turabi and his party, the PNC. Following his release from Kober prison on 29 September, Mr. Hussein Khogali was asked by the security to condemn the PNC and al-Turabi, for the alleged coup attempt in Khartoum in September. Mr. Hussein refused to do so and maintained that his paper was independent.
According to the information received, it is believed by SOAT that Mr. Hussein is being detained solely for the peaceful expression of his opinions.
The International Secretariat of OMCT is gravely concerned about the physical and psychological integrity of Mr. Hussein Khogali. It is equally alarmed by the general “pre-censorship” imposed by the NSA as of 11 September 2004, instructing the Chief Editors of all Sudanese newspapers not to report any news concerning the situation in Darfur or the PNC, with the exception of information released by the government. This injunction followed the arrest of members of the PNC - including its head, Hassan al-Turabi - by the authorities for allegedly plotting to overthrow the government.
OMCT condemns the arbitrary arrest and detention of Mr. Hussein Khogali and calls upon the Sudanese authorities to respect its obligations as a party to the International Covenant on Civil and Political Rights which under Article 9 (§1) states: “No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law”. As relevantly, article 19 of the same Covenant asserts that "Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice".
Action Requested
Please write to the authorities in Sudan urging them to:
i. Immediately locate the whereabouts of Mr Hussein Khogali;
ii. Take all measures necessary to guarantee the physical and psychological integrity of Mr. Hussein Khogali;
iii. Guarantee that he is granted regular and adequate access to legal representation and family visits;
iv. Order his immediate release in absence of legal charges consistent with international law standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
v. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses:
- President of the Republic of Sudan, His Excellency Lieutenant-General Omar Hassan al-Bashir, President' s Palace, PO Box 281, Khartoum, Sudan, Fax: +24911 771024 / 771651 / 779977
- First Vice-President, Mr. Ali Osman Mohamed Taha, People's Palace PO Box 281, Khartoum, Sudan, Fax : + 249 11 779977 / 771025
- Minister of Justice and Attorney General, Ministry of Justice, Mr. Ali Mohamed Osman Yassin, Khartoum, Sudan, Fax: + 249 11 771479
- Minister of Foreign Affairs, Mr. Mustafa Osman Ismail, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, Fax :+249 11 779383
- Advisory Council for Human Rights, Dr. Yasir Sid Ahmed, PO Box 302, Khartoum, Sudan, Fax: +249 11 779173 / 770883
- Minister of Internal Affairs, Major General Abdul-Rahim Muhammed Hussein, Ministry of Interior, PO Box 281, Khartoum, Sudan, Fax: +249 11 774339 / 776554 / 777900 / 773046 / 770186
- Minister of Federal Government, Dr. Nafie Ali Nafie, Office of the Presidents People's Palace, PO Box 281, Khartoum, Sudan, Fax : +24911 771651 / 783223
- Governor of North Darfur, General Ibrahim Sulayman, c/o People's Palace, PO Box 281, Khartoum, Sudan, Fax: +249 731 42696
- 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, E-mail: mission.sudan@ties.itu.int; mission.sudan@bluewin.ch.
Please also write to the embassies of Sudan in your respective country.
Geneva, December 7, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.