Sudan
06.12.04
Urgent Interventions
Sudan: Arrest, detention and alleged torture of Internally Displaced Persons (IDPs)
Case SDN 061204/SDN 061204. CC
Urgent Appeal / Child Concern
Internally Displaced Persons/Arrests/Torture/Death penalty
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 Organisation Against Torture (SOAT), a member of the OMCT network, of the arrest, detention and alleged torture of Internally Displaced Persons (IDPs) including 2 minors in Kalma IDP Camp, 17 kilometres east of Nyala, southern Darfur state, Sudan.
According to the information received, on 22 November 2004, the police and the security forces arrested 9 IDPs from the Kalma Camp. The arrest followed the death of a policeman in the camp during some disturbances. The names of the detainees are:
1. Osman Hessain Abdella, 27 Yrs, Fur Tribe
2. Abdella Mahoud Soulieman, 38 Yrs, Fur
3. Abdella Mohamed Abaker, 25 Yrs
4. Khalid Jibreal Mohamed, 22 Yrs
5. Yagoub Abdella Abdella, 23 Yrs, Birgid
6. Hassan Ahmed Adm, 22 Yrs, Fur
7. Abdel Raheem Abdel Rahman Abdel Raheem, 18 Yrs, Dajo
8. Adam Ismaeal Mohamed, 24 Yrs, Dajo
9. Adam Alkhair, (mentally disabled)
The 9 IDPs were first detained at Nyala Wasat (central) police station and charged with disturbance of public peace, after the authorities in Nyala accused the alleged rebel group of killing the policeman. During the detention in Nyala Wasat (central) police station, the IDPs were reportedly ill-treated by the police officers. They were beaten with sticks and hands. Three days later, the IDPs were transferred to Nyala prison, where they are still being held. According to the information, the public order court in Nyala has rejected an application submitted by SOAT lawyers to release the 9 IDPs on bail. A session before the public order court is impending.
In a separate incident, on 22 November 2004, 5 IDPs from Kalma Camp were reportedly arrested by the police forces. The names of the IDPs are:
1. Khalil Ahmed Saeed, 42 yrs, Berti
2. Abbas Haroun Khayar, 52 yrs, Berti
3. Hassan Arbab Hassan, 25 yrs, Massalit
4. Suliman Joumaa Khatir, 23 yrs, Massalit
5. Mohamed Hassan Ahmed, 22 yrs, Massalit
The 5 men were taken to Nyala Wasat (central) police station and detained for three days. Whilst in detention at the police station, the men were allegedly ill-treated by the police officers. On 25 November, the detainees were transferred to Nyala prison. They are charged with supporting the Sudan Liberation Army (SLA) under Art. 51(Waging War against the State) and 58 (Abetment of Mutiny) of the 1991 Penal Code. The 5 IDPs are represented by SOAT lawyers.
Also according to the information provided, on 28 November 2004, the police forces and the security forces arrested and detained another 26 adults and 2 minors IDPs from the Kalma Camp. They are:
1. Mohamed Yahya Adam, 48 Yrs, Berti Tribe, M
2. Mohamed Haroun Ismail, 35 Yrs, Berti, M
3. Alrabi Abdella Roudwan, 24 Yrs, Berti, M
4. Ahmed Mohamed Abaker, 34 Yrs, Fur , M
5. Isam Issa Ahmed, 25 Yrs, Fur , M
6. Isam Younis, 20 Yrs, Fur , M
7. Bashir Abaker Mahamed Abdu, 32 Yrs, Fur, M
8. Adam Ahmed Mohamed, 38 Yrs, Fur, M
9. Ahmed Yousif Adam, 25 Yrs, Zaghawa, M
10. Jamal Ahmed Mohamed, 20 Yrs, Birgid, M
11. Mohamed Younis Osman, 22 Yrs, M
12. Dawood Hessain Ali, 25 Yrs, Dajo, M
13. Abaker Abdel Rahman, 25 Yrs, Fur, M
14. Hassan Ramadan Abaker, 25 Yrs, Fur, M
15. Adam Idrees Abdel Shafi, 32 Yrs, Fur, M
16. Abdel Kareem Adam Hessain, 34 Yrs, Fur, M
17. Adam Osman Arbab, 40 Yrs, Fur, M
18. Abdel Majid Yahya Ahmed, 13 Yrs, Fur, M
19. Adam Adam Ibrahim, 14 Yrs, Fur, M
20. Yousif Musa Abdel Rasoul, 35 Yrs, Fur, M
21. Haroun Adam Bashir, 47 Yrs, Fur, M
22. Mohamed Ibrahim Ali, 26 Yrs, Birgid, M
23. Adam Mahmoud Ibrahim, 26 Yrs, Fallata, M
24. Issa Ishag Abaker, 27 Yrs, Tanjour, M
25. Musa Zakaria Mohamed, 23 Yrs, Fallata, M
26. Abaker Yahya Adam, 26 Yrs, Fur, M
27. Aboud Arabi Ali, 41 Yrs, Hawara, M
28. Mohamed Hamid Ahmed, 32 Yrs, Zaghawa, M
They were reportedly detained at Nyala Wasat (central) police station for 3 days. Whilst in detention, the 28 IDPs alleged that they were tortured by the police forces. The police officers tied their hands and feet and beat them with sticks on their heads, backs and shoulders to extract their confession that they were part of the rebel, which killed a policeman in the Kalma Camp. The IDPs are charged with murder under Art. 130, Art. 51 (Waging War against the State), Art. 58 (Abetment of Mutiny) of the 1991 Penal Code.
As the conflict in Darfur deteriorates, the use of death penalty and amputation as punishments for crimes against the state, which include alleged support of rebel groups, has according to the information provided, increased dramatically in the Darfur region. To recall, on 6 October 2004, the Armed forces and the Military Intelligence arrested two men and two minors from the Birgid tribe, from a place between Janjonat and Labanti villages, near Doumma 12 Km North of Nyala. The men were allegedly subjected to torture to extract confession from them and about their involvement with the rebel group. All four are charged with joining the SLA and committing crimes against state under articles 50 (Offences against the State, undermining the Constitutional System), 51 (Waging war against the state), 58 (Offences relating to Disciplinary Forces - Abetment of Mutiny), 107 (Screening or harbouring offenders) of the 1991 Penal Code, which carries the death penalty (see OMCT Case SDN 291004/ SDN 291004.CC)
According to the information, death sentences in Darfur are meted out by special courts established in May 2001, which are specific to the Darfur region. The judiciary proceeding of trials in these special courts reportedly falls far short of the minimum international standards of a fair trial. The courts follow summary procedures, i.e. evidence extracted under torture and evidence of a collaborator in crime is considered sufficient to convict in the absence of additional corroborating evidence. Furthermore, defendants can only appeal once and the appeal application must be lodged within a week of sentencing.
The International Secretariat of OMCT is deeply concerned about the physical and psychological integrity of the afore-mentioned individuals, including minors and urges the Sudanese authorities to ensure that they will undergo a fair trial, in which statements made as a result of torture will not be invoked as evidence against them. Regarding the two minors, Abdel Majid Yahya Ahmed, 13 and Adam Adam Ibrahim, 14, OMCT recalls that Sudan, as a state party to the Convention of the Rights of the Child, is bound by the provisions that a child shall only be deprived of liberty “(…) as a measure of last resort and for the shortest appropriate period of time” (Art. 37 (b)), as well as the “guarantee to be presumed innocent until proven guilty according to law (i) and to have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law (iii)” (Art. 40, §2.(b)). Moreover under article 37(a), (b) of the Convention on the Rights of the Child, “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment [and that] no child shall be deprived of his or her liberty unlawfully or arbitrarily.” OMCT calls on the authorities to launch prompt, thorough and impartial investigations into the allegations of torture and ill treatment in order to find those responsible for any violations of human rights and to bring them to justice.
OMCT also stresses that it is strongly opposed to the death penalty as an extreme form of cruel, inhuman and degrading treatment and a violation of the right to life, as proclaimed in the Universal Declaration of Human Rights and other international human rights instruments.
Action Requested
Please write to the authorities in Sudan urging them to:
i. guarantee the afore-mentioned persons’ physical and psychological integrity;
ii. order their immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. immediately repeal the death sentences;
iv. intervene with the proper authorities to ensure that adequate medical assistance is provided as a matter of urgency to all persons who require it;
v. order a thorough and impartial investigation into the circumstances of these events, notably the allegations of torture, and guarantee that those responsible are brought to trial and that the penal, civil and/or administrative sanctions are applied as provided by law;
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:
Please also write to the embassies of Sudan in your respective country.
Geneva, December 6, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Urgent Appeal / Child Concern
Internally Displaced Persons/Arrests/Torture/Death penalty
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 Organisation Against Torture (SOAT), a member of the OMCT network, of the arrest, detention and alleged torture of Internally Displaced Persons (IDPs) including 2 minors in Kalma IDP Camp, 17 kilometres east of Nyala, southern Darfur state, Sudan.
According to the information received, on 22 November 2004, the police and the security forces arrested 9 IDPs from the Kalma Camp. The arrest followed the death of a policeman in the camp during some disturbances. The names of the detainees are:
1. Osman Hessain Abdella, 27 Yrs, Fur Tribe
2. Abdella Mahoud Soulieman, 38 Yrs, Fur
3. Abdella Mohamed Abaker, 25 Yrs
4. Khalid Jibreal Mohamed, 22 Yrs
5. Yagoub Abdella Abdella, 23 Yrs, Birgid
6. Hassan Ahmed Adm, 22 Yrs, Fur
7. Abdel Raheem Abdel Rahman Abdel Raheem, 18 Yrs, Dajo
8. Adam Ismaeal Mohamed, 24 Yrs, Dajo
9. Adam Alkhair, (mentally disabled)
The 9 IDPs were first detained at Nyala Wasat (central) police station and charged with disturbance of public peace, after the authorities in Nyala accused the alleged rebel group of killing the policeman. During the detention in Nyala Wasat (central) police station, the IDPs were reportedly ill-treated by the police officers. They were beaten with sticks and hands. Three days later, the IDPs were transferred to Nyala prison, where they are still being held. According to the information, the public order court in Nyala has rejected an application submitted by SOAT lawyers to release the 9 IDPs on bail. A session before the public order court is impending.
In a separate incident, on 22 November 2004, 5 IDPs from Kalma Camp were reportedly arrested by the police forces. The names of the IDPs are:
1. Khalil Ahmed Saeed, 42 yrs, Berti
2. Abbas Haroun Khayar, 52 yrs, Berti
3. Hassan Arbab Hassan, 25 yrs, Massalit
4. Suliman Joumaa Khatir, 23 yrs, Massalit
5. Mohamed Hassan Ahmed, 22 yrs, Massalit
The 5 men were taken to Nyala Wasat (central) police station and detained for three days. Whilst in detention at the police station, the men were allegedly ill-treated by the police officers. On 25 November, the detainees were transferred to Nyala prison. They are charged with supporting the Sudan Liberation Army (SLA) under Art. 51(Waging War against the State) and 58 (Abetment of Mutiny) of the 1991 Penal Code. The 5 IDPs are represented by SOAT lawyers.
Also according to the information provided, on 28 November 2004, the police forces and the security forces arrested and detained another 26 adults and 2 minors IDPs from the Kalma Camp. They are:
1. Mohamed Yahya Adam, 48 Yrs, Berti Tribe, M
2. Mohamed Haroun Ismail, 35 Yrs, Berti, M
3. Alrabi Abdella Roudwan, 24 Yrs, Berti, M
4. Ahmed Mohamed Abaker, 34 Yrs, Fur , M
5. Isam Issa Ahmed, 25 Yrs, Fur , M
6. Isam Younis, 20 Yrs, Fur , M
7. Bashir Abaker Mahamed Abdu, 32 Yrs, Fur, M
8. Adam Ahmed Mohamed, 38 Yrs, Fur, M
9. Ahmed Yousif Adam, 25 Yrs, Zaghawa, M
10. Jamal Ahmed Mohamed, 20 Yrs, Birgid, M
11. Mohamed Younis Osman, 22 Yrs, M
12. Dawood Hessain Ali, 25 Yrs, Dajo, M
13. Abaker Abdel Rahman, 25 Yrs, Fur, M
14. Hassan Ramadan Abaker, 25 Yrs, Fur, M
15. Adam Idrees Abdel Shafi, 32 Yrs, Fur, M
16. Abdel Kareem Adam Hessain, 34 Yrs, Fur, M
17. Adam Osman Arbab, 40 Yrs, Fur, M
18. Abdel Majid Yahya Ahmed, 13 Yrs, Fur, M
19. Adam Adam Ibrahim, 14 Yrs, Fur, M
20. Yousif Musa Abdel Rasoul, 35 Yrs, Fur, M
21. Haroun Adam Bashir, 47 Yrs, Fur, M
22. Mohamed Ibrahim Ali, 26 Yrs, Birgid, M
23. Adam Mahmoud Ibrahim, 26 Yrs, Fallata, M
24. Issa Ishag Abaker, 27 Yrs, Tanjour, M
25. Musa Zakaria Mohamed, 23 Yrs, Fallata, M
26. Abaker Yahya Adam, 26 Yrs, Fur, M
27. Aboud Arabi Ali, 41 Yrs, Hawara, M
28. Mohamed Hamid Ahmed, 32 Yrs, Zaghawa, M
They were reportedly detained at Nyala Wasat (central) police station for 3 days. Whilst in detention, the 28 IDPs alleged that they were tortured by the police forces. The police officers tied their hands and feet and beat them with sticks on their heads, backs and shoulders to extract their confession that they were part of the rebel, which killed a policeman in the Kalma Camp. The IDPs are charged with murder under Art. 130, Art. 51 (Waging War against the State), Art. 58 (Abetment of Mutiny) of the 1991 Penal Code.
As the conflict in Darfur deteriorates, the use of death penalty and amputation as punishments for crimes against the state, which include alleged support of rebel groups, has according to the information provided, increased dramatically in the Darfur region. To recall, on 6 October 2004, the Armed forces and the Military Intelligence arrested two men and two minors from the Birgid tribe, from a place between Janjonat and Labanti villages, near Doumma 12 Km North of Nyala. The men were allegedly subjected to torture to extract confession from them and about their involvement with the rebel group. All four are charged with joining the SLA and committing crimes against state under articles 50 (Offences against the State, undermining the Constitutional System), 51 (Waging war against the state), 58 (Offences relating to Disciplinary Forces - Abetment of Mutiny), 107 (Screening or harbouring offenders) of the 1991 Penal Code, which carries the death penalty (see OMCT Case SDN 291004/ SDN 291004.CC)
According to the information, death sentences in Darfur are meted out by special courts established in May 2001, which are specific to the Darfur region. The judiciary proceeding of trials in these special courts reportedly falls far short of the minimum international standards of a fair trial. The courts follow summary procedures, i.e. evidence extracted under torture and evidence of a collaborator in crime is considered sufficient to convict in the absence of additional corroborating evidence. Furthermore, defendants can only appeal once and the appeal application must be lodged within a week of sentencing.
The International Secretariat of OMCT is deeply concerned about the physical and psychological integrity of the afore-mentioned individuals, including minors and urges the Sudanese authorities to ensure that they will undergo a fair trial, in which statements made as a result of torture will not be invoked as evidence against them. Regarding the two minors, Abdel Majid Yahya Ahmed, 13 and Adam Adam Ibrahim, 14, OMCT recalls that Sudan, as a state party to the Convention of the Rights of the Child, is bound by the provisions that a child shall only be deprived of liberty “(…) as a measure of last resort and for the shortest appropriate period of time” (Art. 37 (b)), as well as the “guarantee to be presumed innocent until proven guilty according to law (i) and to have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law (iii)” (Art. 40, §2.(b)). Moreover under article 37(a), (b) of the Convention on the Rights of the Child, “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment [and that] no child shall be deprived of his or her liberty unlawfully or arbitrarily.” OMCT calls on the authorities to launch prompt, thorough and impartial investigations into the allegations of torture and ill treatment in order to find those responsible for any violations of human rights and to bring them to justice.
OMCT also stresses that it is strongly opposed to the death penalty as an extreme form of cruel, inhuman and degrading treatment and a violation of the right to life, as proclaimed in the Universal Declaration of Human Rights and other international human rights instruments.
Action Requested
Please write to the authorities in Sudan urging them to:
i. guarantee the afore-mentioned persons’ physical and psychological integrity;
ii. order their immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. immediately repeal the death sentences;
iv. intervene with the proper authorities to ensure that adequate medical assistance is provided as a matter of urgency to all persons who require it;
v. order a thorough and impartial investigation into the circumstances of these events, notably the allegations of torture, and guarantee that those responsible are brought to trial and that the penal, civil and/or administrative sanctions are applied as provided by law;
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:
- 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
- Mr Ali Mohamed Osman Yassin, Minister of Justice and Attorney General, Ministry of Justice, 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 6, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.