Sudan
07.01.04
Urgent Interventions

Sudan: incommunicado detention and risk of torture for 6 persons from the Fur and Zaghawa tribes

Case SDN 070104
Incommunicado detention / Risk of 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 a Sudanese Organisation against Torture, a member of the OMCT network, of the arrests and incommunicado detention of two persons from the Zaghawa tribe and four persons from the Fur tribe in the Darfour region of Sudan.

According to the information received, these persons were reportedly arrested on suspicion of belonging to the Sudan Liberation Army (SLA), one of the main armed rebel groups operating in Darfour.

On January 2nd, 2004, the security forces in Zalingy, Darfour, arrested four men from the Fur ethnic group. They were arrested at the local market in Zalingy at 11am. They are currently being detained at the security forces offices in Zalingy. Their names are as follows: Adeeb Abd El Rahman Yousif (30 years old, teacher); Saead Imam Alhaj (35 yrs, teacher); Ibrahim Osman (36 yrs, merchant); Arbab Abd El Mowla (34 yrs, teacher). They have not been officially charged. There are significant fears that they may have been subjected to torture as there have been other reported cases of torture by the security forces in Zilingy.

In addition, at 9 am on January 5th, 2003, the security forces in Nyala arrested two men belonging to the Zaghawa tribe under suspicion of supporting the Sudan Liberation Army (SLA). The arrests took place at the Export Development Bank, Nyala branch. Their names are as follows: Omer Abdel Shaf'ih Rajab (40 years old, manager of Export Development Bank Nyala branch); Osman (47 yrs, gatekeeper at the bank mentioned above). Mr. Omer is currently being detained at the security forces office in Nyala while Mr. Osman's whereaboutsremain unknown. Mr. Omer has thus far been denied any visits.

The International Secretariat of OMCT is gravely concerned for the six detainees’ physical and psychological integrity, notably as they are being detained incommunicado and therefore face a considerable risk of being subjected to torture. In addition, OMCT is particularly preoccupied by the fact that Mr. Osman's whereabouts remain unknown at this time and calls upon the Sudanese authorities to locate his whereabouts immediately. OMCT also calls on the authorities to guarantee the afore-mentioned detainees’ personal integrity at all times and to order their immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, to bring them before an impartial and competent tribunal and guarantee their procedural rights at all times. OMCT further calls on the authorities to launch prompt and impartial investigations into the allegations of torture, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law, and grant adequate reparation to the victims of any such abuses.

Background

The situation in Darfur continues to deteriorate; many civilians have been displaced and many killed due to the ongoing fighting in the region. This has continued even with the extension of the ceasefire agreement until 4 December 2003, following the initial ceasefire agreement, on 3 September 2003, for 45 days between the Sudan Liberation Army (SLA) and the Government of Sudan (GoS) on. The conflict continues with various parties to the conflict including government sponsored militias and the Justice and Equality Movement (JEM). In the meantime, many civilians are killed and displaced within Darfur and neighbouring Chad with limited or no humanitarian aid getting through to those in need.

It is alleged that these new wave of arbitrary arrests are due to the failure of the negotiations between the government of Sudan and the Sudan Liberation Army (SLA) in N'djamena, Chad, over the conflict in Darfur, Western Sudan. This has led to the escalation of the conflict in Darfur and the rapid deterioration of the situation in the region.

Action requested

Please write to the authorities in Sudan urging them to:

i. immediately locate Mr. Osman’s whereabouts;
ii. take all measures necessary to guarantee the physical and psychological integrity of the afore-mentioned six detainees;
iii. guarantee that the detainees are granted access to legal representation and family visits;
iv. 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 their procedural rights at all times;
v. order a thorough and impartial investigation into the circumstances of these events, notably the allegations of torture in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
vi. guarantee that adequate reparation is provided to the victims of these abuses;
vii. 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: + 24911 783223
· Mr Ali Mohamed Osman Yassin, Minister of Justice and Attorney General, Ministry of Justice, Khartoum, Sudan, Fax: + 24911 788941
· Mr Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, Fax: + 24911 779383
· Mr Yasir Sid Ahmed, Advisory Council for Human Rights, PO Box 302, Khartoum, Sudan, Fax: + 24911 770883
· 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

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

Geneva, January 7th, 2004

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