Sudan
11.04.05
Urgent Interventions

Sudan: Detainee risking death penalty appeared in court

Case SDN 090305.1
Follow up to SDN 090305
Arbitrary Detention / Torture / Risk of death penalty / Judicial proceedings


Geneva, 11 April 2005

The International Secretariat of OMCT has received new information concerning the following situation in Sudan.


New information:

The International Secretariat of OMCT has been informed by the Sudan Organisation Against Torture (SOAT), a member of the OMCT network, that Mr. Abdel Algaffar Musa Faraj, in detention since 14 February 2005, appeared in court on 13 March. The results of the proceedings are yet to be known.


Reminder of the situation:

OMCT recalls that on 14 February 2005, Mr. Abdel Algaffar Musa Faraj, 22 years old, student from the Fur tribe in Jorouf Village, was arrested by military intelligence in Nyala.

According to the information received, Mr. Abdel Algaffar Musa Faraj was initially detained in military intelligence custody in Nyala and reportedly tortured by officers. His legs and hands were chained and he was beaten with sticks all over his body and face, kicked with boots, and flogged on his back and shoulders. He was not given any medical treatment.

On 2 March 2005, Mr. Abdel was transferred to Nyala Wasat (central) police station and officially charged with Article 51 (Waging war against the State), which carries the death sentence, and Article 58 (Abetment of Mutiny) of the 1991 Penal Code. On 6 March 2005, Mr. Abdel was transferred to Nyala prison where he remained in detention awaiting trial. SOAT’s network of lawyers in Nyala provided legal assistance to Mr. Abdel.


Requested Action:
Please write to the authorities in Sudan urging them to:

i. guarantee the physical and psychological integrity of Mr. Abdel Algaffar Musa Faraj;

ii. order the immediate release of Mr. Abdel Algaffar Musa Faraj in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;

iii. order a thorough and impartial investigation into these events and in particular the alleged torture of Mr. Abdel Algaffar Musa Faraj, in order to identify those responsible, bring them to trial and apply to them the civil, penal and/or administrative sanctions provided by law;

iv. guarantee that adequate medical care is provided to Mr. Abdel Algaffar Musa Faraj and that he be awarded reparation;

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. 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, 11 April 2005

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