Sudan
18.08.04
Urgent Interventions
Sudan: new cases of arrests and alleged torture of Internally Displaced Persons
Case SDN 040804.1
Internally Displaced Persons / Arrests / 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 two new cases of arrests and alleged torture of Internally Displaced Persons (IDPs) from Kalma camp.
According to the information received, on 15 August 2004, police forces, security forces and armed forces, arrested 50 Internally Displaced Persons (IDPs) from Kalma IDP camp (their names can be found in the annexed document), 17 kilometres east of Nyala, southern Darfur state. The men were detained by the military for one day. On 16 August 2004, the IDP's were transferred to Nyala Wasat central police station.
The 50 IDPs alleged that they were tortured by the armed forces while the arrest took place. They were beaten with sticks and hands all over their bodies and whipped on their backs and shoulders with the aim of extracting their confession that they had encouraged and supported the IDPs in the camp to refuse to return back to their village.
Their trial began on the same morning, 16 August 2004, at the Nyala Criminal Court where the IDPs were charged under article 69 (public nuisance and disturbance) of the 1991 Penal Code. On 17 August 2004, the Public Order Court in Nyala sentenced the 50 IDPs to one month imprisonment and 20,000 Sudanese Dinars (US$70).
OMCT would like to stress that arrests and torture have become a recurrent phenomenon for the IDPs of the Kalma camp. In a separate incident, on 3 August 2004, 5 IDPs from this camp were arrested by the National Security Agency (NSA). The 5 men were taken to the security offices in Nyala and detained for two days. On 5 August, the detainees were transferred to Nyala prison. The names of the IDPs are as follows: Abdel Salam Mohamed (25), Ali Alnour Ahmed (24), Salah Aldin Babiker (18), Joumaa Adam Haggar (18) and Adam Adam (19).
Whilst in detention at the security offices, the men were allegedly tortured by security officers. They were beaten with sticks, water pipes and flogged with leather whip. Soon after in the prison they asked the officers to take them to the hospital but they refused.
The detainees are accused of attacking the office of the Humanitarian Aid Commissioner in the camp and injuring a police officer. Their trial began on 16 August 2004, at the Nyala Criminal Court. The five IDPs are represented by three lawyers, Mr. Mossaad Ali, Mr. Mohamed Alsoulaymi and Mr. Mohamed Ali. At the end of the court session, they were taken to Nyala General Prison; the next session is to be held on 19 August 2004.
OMCT also recalls that on 31 August 2004, 22 IDPs of the Kalma camp were arrested, detained and allegedly tortured by security officers. They were taken to trial on 2 August 2004 (see OMCT Urgent Appeal SDN 040804). The next session of the trial was due to take place on 7 August 2004, but has been postponed.
Forceful relocation or return of IDPs and refugees is against all international humanitarian laws. According to reports, IDPs who have returned to their communities have suffered frequent attacks and have been subjected to intimidation by the Janjaweed militia. Despite these incidents, government officials have been employing coercive methods to persuade IDPs to return to their homes. OMCT recalls that the UN Security Council Resolution 1556 (2004) adopted by the Security Council at its 5015th meeting, on 30 July 2004, demands that “any return of refugees and displaced persons to their homes must take place voluntarily with adequate assistance and with sufficient security.”
The International Secretariat of OMCT deplores these cases of mass arrests and torture and calls on the Sudanese authorities to immediately put an end to any further such operations and to take all measures necessary to guarantee the physical and psychological integrity of Internally Displaced Persons. Moreover, OMCT urges the authorities to order a thorough and impartial investigation into the circumstances of these events, in order to identify those responsible of acts of torture, bring them to trial and apply the penal and/or administrative sanctions as provided by law, and to guarantee that adequate reparation is provided to the victims.
Action requested
Please write to the authorities in Sudan urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of all Internally Displaced Persons (IDPs);
ii. order the immediate release of the remaining detainees, 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;
iii. order a thorough and impartial investigation into the circumstances of their arrest 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 that adequate reparation is provided to the victims of these abuses;
v. 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, 18 August 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Annex to Case 040804.1
Internally Displaced Persons / Arrests / Torture
Names of the 50 IDP's arrested from Kalma Camp on 15 August 2004
1. Ayman Ahmed Adam
2. Abdel Kareem Adam Adam
3. Adam Yahya Mohamed
4. Yagoub Abdella Mohamed
5. Jafer Yousif Adam
6. Mohamed Musa Mohamed Abaker
7. Hussein Jafer Saif Aldean
8. Abdella Abaker Osman
9. Adam Abdella Alsadig
10. Ismail Yousif Ismail
11. Faisal Abdel Razig Mohamed
12. Adam Mohamed Hussein
13. Suleiman Baher Adam
14. Ishag Mohamed Alhaj
15. Ibrahim Haroun Abaker
16. Yagoub Abdella Ali
17. Musa Ahmed Haroun
18. Habib Ishag Alzein
19. Nour Alden Adam Alnour
20. Baraka Musa Salih
21. Adam Hassan Abdel Rahman
22. Amir Eltayeb Sharef Aldin
23. Abdeen Jibreal Ibrahim
24. Osman Ibrahim Abdella
25. Moutasim Suleiman Issa
26. Ali Mohamed Ishag
27. Mohamed Abdel Rahman Abdel Aziz
28. Ismail Haroun Abdella
29. Eltayeb Mohamed Adam
30. Adam Abdel Rahman Ahmed
31. Issa Adam Arja
32. Abdel Majid Abaker Mohamed
33. Mohamed Abdel Rahman Ibrahim
34. Mohamed Abaker Mohamed
35. Abdel Shakour Abdella Yahya
36. Alsadig Hassan Mohamed
37. Hashim Musa Yagoub
38. Mohamed Yagoub Zayid
39. Hassan Ibrahim Abdel Karim
40. Ismail Abaker Abdel Rasoul
41. Anwar Issa Abdel Shafi
42. Mohamed Abaker Degais
43. Mohamed Nour Aldin Ishag
44. Mohamed Saead Hussein
45. Ahmed Yahya Adam
46. Ahmed Adam Idris
47. Issa Ishag Yagoub
48. Abdel Malik Suleiman Abdella
49. Yahya Musa Yahya
50. Anwar Alnour Yousif
(Information provided by the Sudanese Organisation Against Torture, a member of the OMCT network)
Internally Displaced Persons / Arrests / 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 two new cases of arrests and alleged torture of Internally Displaced Persons (IDPs) from Kalma camp.
According to the information received, on 15 August 2004, police forces, security forces and armed forces, arrested 50 Internally Displaced Persons (IDPs) from Kalma IDP camp (their names can be found in the annexed document), 17 kilometres east of Nyala, southern Darfur state. The men were detained by the military for one day. On 16 August 2004, the IDP's were transferred to Nyala Wasat central police station.
The 50 IDPs alleged that they were tortured by the armed forces while the arrest took place. They were beaten with sticks and hands all over their bodies and whipped on their backs and shoulders with the aim of extracting their confession that they had encouraged and supported the IDPs in the camp to refuse to return back to their village.
Their trial began on the same morning, 16 August 2004, at the Nyala Criminal Court where the IDPs were charged under article 69 (public nuisance and disturbance) of the 1991 Penal Code. On 17 August 2004, the Public Order Court in Nyala sentenced the 50 IDPs to one month imprisonment and 20,000 Sudanese Dinars (US$70).
OMCT would like to stress that arrests and torture have become a recurrent phenomenon for the IDPs of the Kalma camp. In a separate incident, on 3 August 2004, 5 IDPs from this camp were arrested by the National Security Agency (NSA). The 5 men were taken to the security offices in Nyala and detained for two days. On 5 August, the detainees were transferred to Nyala prison. The names of the IDPs are as follows: Abdel Salam Mohamed (25), Ali Alnour Ahmed (24), Salah Aldin Babiker (18), Joumaa Adam Haggar (18) and Adam Adam (19).
Whilst in detention at the security offices, the men were allegedly tortured by security officers. They were beaten with sticks, water pipes and flogged with leather whip. Soon after in the prison they asked the officers to take them to the hospital but they refused.
The detainees are accused of attacking the office of the Humanitarian Aid Commissioner in the camp and injuring a police officer. Their trial began on 16 August 2004, at the Nyala Criminal Court. The five IDPs are represented by three lawyers, Mr. Mossaad Ali, Mr. Mohamed Alsoulaymi and Mr. Mohamed Ali. At the end of the court session, they were taken to Nyala General Prison; the next session is to be held on 19 August 2004.
OMCT also recalls that on 31 August 2004, 22 IDPs of the Kalma camp were arrested, detained and allegedly tortured by security officers. They were taken to trial on 2 August 2004 (see OMCT Urgent Appeal SDN 040804). The next session of the trial was due to take place on 7 August 2004, but has been postponed.
Forceful relocation or return of IDPs and refugees is against all international humanitarian laws. According to reports, IDPs who have returned to their communities have suffered frequent attacks and have been subjected to intimidation by the Janjaweed militia. Despite these incidents, government officials have been employing coercive methods to persuade IDPs to return to their homes. OMCT recalls that the UN Security Council Resolution 1556 (2004) adopted by the Security Council at its 5015th meeting, on 30 July 2004, demands that “any return of refugees and displaced persons to their homes must take place voluntarily with adequate assistance and with sufficient security.”
The International Secretariat of OMCT deplores these cases of mass arrests and torture and calls on the Sudanese authorities to immediately put an end to any further such operations and to take all measures necessary to guarantee the physical and psychological integrity of Internally Displaced Persons. Moreover, OMCT urges the authorities to order a thorough and impartial investigation into the circumstances of these events, in order to identify those responsible of acts of torture, bring them to trial and apply the penal and/or administrative sanctions as provided by law, and to guarantee that adequate reparation is provided to the victims.
Action requested
Please write to the authorities in Sudan urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of all Internally Displaced Persons (IDPs);
ii. order the immediate release of the remaining detainees, 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;
iii. order a thorough and impartial investigation into the circumstances of their arrest 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 that adequate reparation is provided to the victims of these abuses;
v. 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, E-mail: mission.sudan@ties.itu.int, mission.sudan@bluewin.ch
Please also write to the embassies of Sudan in your respective country.
Geneva, 18 August 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Annex to Case 040804.1
Internally Displaced Persons / Arrests / Torture
Names of the 50 IDP's arrested from Kalma Camp on 15 August 2004
1. Ayman Ahmed Adam
2. Abdel Kareem Adam Adam
3. Adam Yahya Mohamed
4. Yagoub Abdella Mohamed
5. Jafer Yousif Adam
6. Mohamed Musa Mohamed Abaker
7. Hussein Jafer Saif Aldean
8. Abdella Abaker Osman
9. Adam Abdella Alsadig
10. Ismail Yousif Ismail
11. Faisal Abdel Razig Mohamed
12. Adam Mohamed Hussein
13. Suleiman Baher Adam
14. Ishag Mohamed Alhaj
15. Ibrahim Haroun Abaker
16. Yagoub Abdella Ali
17. Musa Ahmed Haroun
18. Habib Ishag Alzein
19. Nour Alden Adam Alnour
20. Baraka Musa Salih
21. Adam Hassan Abdel Rahman
22. Amir Eltayeb Sharef Aldin
23. Abdeen Jibreal Ibrahim
24. Osman Ibrahim Abdella
25. Moutasim Suleiman Issa
26. Ali Mohamed Ishag
27. Mohamed Abdel Rahman Abdel Aziz
28. Ismail Haroun Abdella
29. Eltayeb Mohamed Adam
30. Adam Abdel Rahman Ahmed
31. Issa Adam Arja
32. Abdel Majid Abaker Mohamed
33. Mohamed Abdel Rahman Ibrahim
34. Mohamed Abaker Mohamed
35. Abdel Shakour Abdella Yahya
36. Alsadig Hassan Mohamed
37. Hashim Musa Yagoub
38. Mohamed Yagoub Zayid
39. Hassan Ibrahim Abdel Karim
40. Ismail Abaker Abdel Rasoul
41. Anwar Issa Abdel Shafi
42. Mohamed Abaker Degais
43. Mohamed Nour Aldin Ishag
44. Mohamed Saead Hussein
45. Ahmed Yahya Adam
46. Ahmed Adam Idris
47. Issa Ishag Yagoub
48. Abdel Malik Suleiman Abdella
49. Yahya Musa Yahya
50. Anwar Alnour Yousif
(Information provided by the Sudanese Organisation Against Torture, a member of the OMCT network)