Sudan: Release of Mr. Mossaad Mohamed Ali

Release / Incommunicado detention / Fear of torture
Sudan
May 22, 2006

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), has received new information and requests your urgent intervention in the following situation in Sudan.

New information:

The Observatory has been informed by the Sudan Organisation Against Torture (SOAT) about the release of Mr. Mossaad Mohamed Ali, lawyer, and Coordinator of the Amel Centre for Treatment and Rehabilitation of Victims of Torture in Nyala.

According to the information received, on May 20, 2006, at 5.30 pm, Mr. Ali was released from security custody and was informed to report to the security offices the following day, at 08.00 am.

On May 21, 2006, Mr. Ali reported to the security offices and was detained until 12:00 pm. Before his release, he was informed to report to the security offices again the following day, 22 May 2006 at 08.00.

Mr. Mossaad Mohamed Ali had been arrested on May 16, 2006, along with Mr. Adam Mohammed Sharief, a member of the Amel Network of Lawyers in Nyala (See background information), and had been denied access to their family and to legal counsel. No reason was given for the incommunicado detention of Mr. Ali and Mr. Sharief.

On 19 May 2006, Mr. Ali’s family was allowed to visit him for five minutes. On the same day, Mr. Ali was interrogated by security officers on the activities of the Amel Centre.

At the time of issuing this urgent appeal, the Observatory did not receive further information concerning Mr. Adam Mohammed Sharief.

The Observatory welcomes the release of Mr. Mossaad Mohamed Ali and thanks to all the persons, organizations, and institutions who intervened in favor of this decision. Nevertheless, the Observatory remains deeply concerned regarding the regular harassment of Mr. Ali, as well as about the possible ongoing detention of Mr. Adam Mohammed Sharief.

Background information:

On May 15, 2006, at 09.30 am, officers from the National Security Bureau (NSB) in Nyala, Southern Darfur, summoned for questioning Mr. Mossaad Mohamed Ali, lawyer and Coordinator of the Amel Centre for Treatment and Rehabilitation of Victims of Torture in Nyala, and Mr. Adam Mohammed Sharief, member of the Amel Network of Lawyers in Nyala.

Mr. Ali and Mr. Sharief were then detained for thirteen hours in a cell in the NSB offices in Nyala, before being released at 10 pm. During the period of their detention, both men were neither questioned nor charged with an offense.

On May 16, 2006, in the early morning, Mr. Ali and Mr. Sharief were again summoned to the security offices, where they remain in detention up to now. Mr. Ali and Mr. Sharief were denied access to their family and to legal counsel. Security officers also denied the United Nations Mission in Sudan (UNMIS) access to Mr. Ali and Mr. Sharief. No reason was given for the summoning and the subsequent arrest and incommunicado detention of Mr. Ali and Mr. Sharief.

Action requested:

Please write to the authorities of Sudan urging them to:

i. guarantee under all circumstances the physical and psychological integrity of Mr. Mossaad Mohamed Ali and Mr. Adam Mohammed Sharief, and in particular ensure that Mr. Sharief be not subjected to torture or other cruel, inhuman or degrading treatment or punishment in the case he is still detained;

ii. in the case he is still detained, release Mr. Adam Mohammed Sharief immediately and unconditionally in the absence of any valid charges against him, or in the case of valid charges against him, bring him before an impartial tribunal without delay and guarantee procedural rights at all times, ensuring, among others, that he has access to legal advice;

iii. put an end to all acts of harassment against human rights defenders in Sudan;

iv. conform with the provisions of the Declaration on Humans Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular, article 1, which states that “everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels”, and article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;

v. more generally, ensure in all circumstances respect for human rights and fundamental freedoms in Sudan in accordance with international human rights standards.

Addresses:

• His Excellency Lieutenant General Omar Hassan al-Bashir, President of the Republic of Sudan, Presidential Palace, PO Box 281, Khartoum, Sudan, Fax: +249 183 783 223
• Mr. Al Zubeir Beshir Taha, Minister of Interior, PO Box 873, Khartoum, Sudan, Fax: + 249 183 779383
• Mr. Mustafa Lam Akol Ajawin, Minister of Foreign Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, fax : + 249 183 779 383
• Dr. Abdelmuneim Osman Mohamed Taha, Rapporteur, Advisory Council for Human Rights, PO Box 302, Khartoum (Sudan), Fax No.: + 249 183 77 08 83
• His Excellency Salva Kiir Mayardit, First Vice-President, People’s Palace, PO Box 281, Khartoum, Sudan, Fax: + 249 183 771025
• His Excellency Ali Osman Mohamed Taha, Vice-President, People’s Palace, PO Box 281, Khartoum, Sudan, Fax: + 249 183 771025
• Dr. Abdelmuneim Osman Mohamed Taha, Advisory Council for Human Rights, PO Box 302, Khartoum, Sudan, Fax: + 249 183 77088
• Mr. Ali Mohamed Osman Yassin, Minister of Justice and Attorney General, Ministry of Justice, Khartoum, Sudan, Fax: + 249 183 788 941
• His Excellency Ambassador Mr. Mohamed Elhassan Ahmed Elhaj, Permanent Mission of the Republic of Sudan to the United Nations in Geneva, Avenue Blanc 47, 1202 Geneva, PO Box 335, 1211 Geneva 19, Switzerland, Fax: +41 22 731 26 56, Email: mission.sudan@bluewin.ch; mission.sudan@ties.itu.int.
• Ambassador Mr. Ali Yousif Ahmed, Embassy of the Republic of Sudan in Brussels, 1 avenue F.D. Roosevelt, 1050 Brussels, Belgium, Fax: + 32 2 648 34 99, Email: sudanbx@yahoo.com

Please also write to diplomatic representations of the Republic of Sudan in your respective countries.

***
Geneva - Paris, May 22, 2006

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

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

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