Sudan
26.08.04
Urgent Interventions
Sudan: arrests and alleged torture of nine individuals, including three children
Case SDN 260804 / SDN 260804.CC
URGENT APPEAL / CHILD CONCERN
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 Sudanese Organisation Against Torture (SOAT), a member of the OMCT network, of the arrest and alleged torture of nine individuals, including three children, from the Zaghawa tribe, from Shi'airea town, in Southern Darfur state.
According to the information received, the six men and three children were arrested at their homes on 20 July 2004 by military intelligence members. The nine individuals are:
1. Mr. Suleiman Idris Hasab Alnabi, 42 years old, farmer;
2. Mr. Abdel Kareem Idris Jar Alnabi, 40 years old, farmer;
3. Mr. Musa Abdel Gadeem Tabit, 43 years old, farmer;
4. Mr. Abdel Jabar Suleiman Adam, 48 years old, farmer;
5. Mr. Ahmed Ishag Bashir, 32 years old, farmer;
6. Mr. Jamal Abaker Rajab, 18 years old, student;
7. Mr. Ismail Mohamed Yahya Jumma, 12 years old;
8. Mr. Abdel Rahman Ibrahim Nour, 13 years old;
9. Mr. Ayoub Abaker Omer, 12 years old.
They were all taken to military intelligence custody in Shi'airea and detained for two days before being transferred to the military prison in Nyala. No reasons were given for their arrest but there are allegations according to which they were arrested due to their ethnicity. No official charges were brought against them.
During their detention at the military prison in Nyala, the detainees were allegedly subjected to severe tortured. All six men and the three children were subjected to beatings, using metal sticks, on their arms and legs and on their heads and were whipped on their chests and backs.
All three children were released on 11 August 2004 and four of the men were released on 17 August 2004. However, Mr. Suleiman Idris Hasab Alnabi and Mr. Abdel Kareem Idris Jar Alnabi reportedly remain in detention at the military prison in Nyala.
The International Secretariat of OMCT is gravely concerned by these recent cases of arrests and acts of torture perpetrated on several individuals, including minors. OMCT recalls that the events described above are a clear infringement of articles 7 and 9 (1), (5) of the International Covenant on Civil and Political Rights, to which Sudan is a state party, which state that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [and that] no one shall be subjected to arbitrary arrest or detention” and which require a right to compensation. 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.”
The International Secretariat of OMCT calls upon the Sudanese authorities to guarantee the personal integrity of the two remaining detainees and to order their immediate release in the absence of legal charges that are consistent with international law and standards. OMCT also urges the authorities to launch a prompt, thorough and impartial investigation into these events, in order to identify those responsible and bring them to justice. Finally, OMCT calls upon the authorities to guarantee that adequate reparation is provided to the nine individuals mentioned above.
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. Suleiman Idris Hasab Alnabi and Mr. Abdel Kareem Idris Jar Alnabi;
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. order a thorough and impartial investigation into the circumstances of these arrests and any allegations of torture, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iv. 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, 26 August 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
URGENT APPEAL / CHILD CONCERN
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 Sudanese Organisation Against Torture (SOAT), a member of the OMCT network, of the arrest and alleged torture of nine individuals, including three children, from the Zaghawa tribe, from Shi'airea town, in Southern Darfur state.
According to the information received, the six men and three children were arrested at their homes on 20 July 2004 by military intelligence members. The nine individuals are:
1. Mr. Suleiman Idris Hasab Alnabi, 42 years old, farmer;
2. Mr. Abdel Kareem Idris Jar Alnabi, 40 years old, farmer;
3. Mr. Musa Abdel Gadeem Tabit, 43 years old, farmer;
4. Mr. Abdel Jabar Suleiman Adam, 48 years old, farmer;
5. Mr. Ahmed Ishag Bashir, 32 years old, farmer;
6. Mr. Jamal Abaker Rajab, 18 years old, student;
7. Mr. Ismail Mohamed Yahya Jumma, 12 years old;
8. Mr. Abdel Rahman Ibrahim Nour, 13 years old;
9. Mr. Ayoub Abaker Omer, 12 years old.
They were all taken to military intelligence custody in Shi'airea and detained for two days before being transferred to the military prison in Nyala. No reasons were given for their arrest but there are allegations according to which they were arrested due to their ethnicity. No official charges were brought against them.
During their detention at the military prison in Nyala, the detainees were allegedly subjected to severe tortured. All six men and the three children were subjected to beatings, using metal sticks, on their arms and legs and on their heads and were whipped on their chests and backs.
All three children were released on 11 August 2004 and four of the men were released on 17 August 2004. However, Mr. Suleiman Idris Hasab Alnabi and Mr. Abdel Kareem Idris Jar Alnabi reportedly remain in detention at the military prison in Nyala.
The International Secretariat of OMCT is gravely concerned by these recent cases of arrests and acts of torture perpetrated on several individuals, including minors. OMCT recalls that the events described above are a clear infringement of articles 7 and 9 (1), (5) of the International Covenant on Civil and Political Rights, to which Sudan is a state party, which state that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [and that] no one shall be subjected to arbitrary arrest or detention” and which require a right to compensation. 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.”
The International Secretariat of OMCT calls upon the Sudanese authorities to guarantee the personal integrity of the two remaining detainees and to order their immediate release in the absence of legal charges that are consistent with international law and standards. OMCT also urges the authorities to launch a prompt, thorough and impartial investigation into these events, in order to identify those responsible and bring them to justice. Finally, OMCT calls upon the authorities to guarantee that adequate reparation is provided to the nine individuals mentioned above.
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. Suleiman Idris Hasab Alnabi and Mr. Abdel Kareem Idris Jar Alnabi;
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. order a thorough and impartial investigation into the circumstances of these arrests and any allegations of torture, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iv. 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, 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, 26 August 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.