Sudan
18.04.05
Urgent Interventions

Sudan: Incommunicado detention and torture of Mr. Mahmoud Abaker Osman and Mr. Diggo Abdel Jabbar

Case SDN 180405
Incommunicado detention / Torture / Risk of death penalty


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


Brief description of the situation

The International Secretariat of OMCT has been informed by the Sudan Organisation Against Torture (SOAT), a member of the OMCT network, that on 22 February 2005, Mr. Mahmoud Abaker Osman, 38 years old, and Mr. Diggo Abdel Jabbar, 45 years old, were arrested and tortured by Sudanese armed forces on suspicion of joining the Sudan Liberation Army (SLA).

According to the information received Mr. Mahmoud Abaker Osman and Mr. Diggo Abdel Jabbar, both from the Zaghawa tribe in Sharoum village, Nyala province, were initially taken by government armed forces to a military camp in Sanya Afondu village, where they were detained in a hole in the ground for 11 days. During this time, eight soldiers, under the control of a senior ranking military official, reportedly beat the men with sticks all over their bodies, with metal sticks on head and legs, flogged them on the back and chest and burnt their hands and feet.

On 4 March 2005, Mr. Mahmoud Abaker Osman and Mr. Diggo Abdel Jabbar were transferred into the custody of the Military Intelligence in Nyala, where they were detained incommunicado, and denied food for five days. On 13 March, the two men were taken to Nyala Wasat (central) police station and charged under Article 51 (Waging War against the State) and Article 58 (Abetment to Mutiny) of the 1991 Sudanese Penal Code, which carry the death penalty.

On 19 March 2005, after five days in police custody, the two men were transferred to Nyala prison where they remain in detention. According to the information received, Mr. Mahmoud Abaker Osman and Mr. Diggo Abdel Jabbar have suffered important injuries as a result of torture, but although there are serious concerns for their health, they have reportedly been denied access to medical treatment. The two men are currently awaiting trial before the Specialised Criminal Court in Darfur.

OMCT is gravely concerned for the physical and psychological integrity of Mr. Mahmoud Abaker Osman and Mr. Diggo Abdel Jabbar and 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.


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

i. guarantee the physical and psychological integrity of Mr. Mahmoud Abaker Osman and Mr. Diggo Abdel Jabbar;

ii. immediately commute the death sentences;

iii. order the immediate release of Mr. Mahmoud Abaker Osman and Mr. Diggo
Abdel Jabbar in the absence of valid 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;

iv. order a thorough and impartial investigation into these events and in particular the alleged torture of Mr. Mahmoud Abaker Osman and Mr. Diggo Abdel Jabbar, in order to identify those responsible, bring them to trial and apply to them the civil, penal and/or administrative sanctions provided by law;

v. guarantee that adequate medical care is provided to Mr. Mahmoud Abdel Osman and Mr. Diggo Abdel Jabbar and that they be awarded reparation;

vi. 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, 18 April 2005

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