Sudan
02.11.01
Urgent Interventions

Sudan: arbitrary arrest of three lawyers

Case SDN 021101
Arbitrary arrests


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 Sudanese Victims of Torture Group (SVTG), a member of the OMCT network, of the arbitrary arrest of three lawyers, who are members of the Democratic Front for Lawyers in Sudan.

According to the information received, Mr. Adil Mahmoud was arrested by security forces officers in his office in Khartoum at 1 pm on October 30th 2001. He was taken to his house, which was searched, and then he was taken to a unknown destination. He was able to contact his family at this point, and stated that he was in the security forces headquarters. But when his family attempted to bring him clothes there, security officers refused to accept his belongings. He was reportedly transferred to the Kibor prison on November 1st.

Two other lawyers, Mr. Nasr Aldeen Yousif and Haydar Abdelrahman, were also arrested in their offices at 3 pm on October 30th. They were taken to the security forces offices. They were released at 11 pm, but were ordered to report back to the security offices the next day - October 31st.

According to our sources, the three lawyers are members of the Democratic Front for Lawyers. Their arrests are unlawful, under Article 38 of the Advocacy Act, which states that a lawyer is not to be arrested without the Bar Association having been informed.

The International Secretariat of the OMCT expresses its concern about the detention conditions of Mr. Adil Mahmoud and fears that he could be ill-treated or tortured during his detention. Furthermore, OMCT condemns the harassment of lawyers, and fears that the use of arbitrary arrests and detention are aimed at preventing them from pursuing their profesional and political activities.

Action requested

Please write to the authorities in Sudan urging them to:

i. take all necessary measures to guarantee the physical and psychological integrity of Mr. Adil Mahmoud;
ii. order his immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. intervene with the appropriate authorities in order to secure that he be allowed to meet with his relatives and legal counsel;
iv. order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
v. put an immediate end to the persecution and harassment of members of the Democratic Front for Lawyers;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

· His Excellency Lieutenant General Omar Hassan al-Bashir, President of the Republic of Sudan, People’s Palace, PO Box 281, Khartoum, Sudan, Telex: 22385 PEPLC SD or 22411 KAID SD- Fax: +249 11 771 7 24
· Mr. Ali Osman Yasin, Minister of Justice and Attorney General, Ministry of Justice, Khartoum, Sudan. Telex:22459 KHRJA SD or 22461 KHRJA SD (via Ministry of Foreign Affairs) – Fax: +249 11 7740 63
· Mr. Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, Telex: 22459 KHRJA SD or 22461 KHRJA SD – Fax: 249 11 7740 63

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

Geneva, November 2nd, 2001

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