Sudan
15.07.03
Urgent Interventions
Sudan: torture and risk of death sentences for 8 detainees
Case SDN 110703
Torture / Death penalty / Fair trial
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, a member of the OMCT network, of the arrest and torture of members of the Ta'aisha, Salamat, and Reziegat tribes in South Darfour, Sudan.
According to the information received, five farmers from the Ta'aisha tribe were arrested on April 1, 2003, in Rehaid al-Birdi, south Darfour. The men, Adam Yaseen Mohamed (26 year-old); Abdel Kaream Ahmed Haydo, 22 years; Burmma Abdel Rahman Masar (30); Saead Ahmed Mohamed (29); and Dirdima Bushra Hatala (27), have been charged with murder under Article 130 of the Penal Code. The five men were originally held in Rehaid al-Birdi prison before being transferred to Nyala prison on June 23, 2003. They have reportedly been tortured during their detention. The detainees have been beaten on their arms and legs, been injured by knives, been forced to endure the mouth of a bottle being inserted into the anus, had their testicles crushed, and been flogged using a water hose. Four of the individuals reportedly involved in the torture - Salah al-Din Shukri; Mounas Bashar; Musa Eisa and Tijani (a policemen and investigator) - are members of the Rahad al-Birdi Police authorities. The authorities have refused to release the detainees on bail.
The detainees' case will probably come before the Special Court in Nyala, South Darfour, on July 23, 2003. If convicted the men may be sentenced to death. The lawyers for the five men, Mossad Mohammed Ali and Thoria Haroun, have submitted a request asking that the defendants be allowed to receive medical examinations and requesting an investigation into the allegations of torture.
Separately, on Apil 29, 2003, three men were arrested in Yaseen village in South Darfour and have been charged with armed robbery ("haraba") under Artcile 167 of the Penal Code – an offence which can carry the death penalty. Yousif Haroun Helu, a 23-year-old donkey trader belonging to the Salamat tribe, Adam Ebaid Abdallah, a 25-year-old donkey trader belonging to the Salamat tribe, and Adam Bahkeit Adam, a 30-year-old farmer belonging to the Reziegat tribe, were originally all detained in an area called Al-Malwe. They were held in the Yaseen village prison for three days and then transferred to the prison in Nyala. Sources indicate that the three men were tortured during their detention in the Yaseen village prison. The men were reportedly chained and beaten by officers using their fists, wooden staves, and gun-butts. The perpetrators have not been identified, but are all officers at the Yaseen police station. The authorities have refused to release the men on bail.
The armed robbery case will appear before the Special Court in Nyala, South Darfour, on July 13, 2003. If the men are convicted they may be sentenced to death and to crucifixion. Two lawyers representing the defendants, Mossad Mohamed Ali and Mohamed Omer, have requested that their clients be allowed to receive medical examinations and that there be an investigation into the allegations of torture.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Adam Yaseen Mohamed, Abdel Kaream Ahmed Haydo, Burmma Abdel Rahman Masar, Saead Ahmed Mohamed, Dirdima Bushra Hatala, Yousif Haroun Helu, Adam Ebaid Abdallah, and Adam Bakheit Adam, notably given that they have already been subjected to torture and remain at risk of further treatment of this type. In addition, it is thought that they require medical assistance as a matter of urgency. OMCT calls on the Sudanese government to guarantee their integrity during detention and to order an immediate investigation into the allegations of torture, in order to identify those responsible and to bring them to trial. OMCT calls on the Sudanese government to provide the necessary medical care for the afore-mentioned persons as a matter of urgency and to 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.
OMCT 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. OMCT is gravely concerned that the Special Courts that are trying these cases do not allow for fair trials. OMCT recalls that the procedures and sentences of the Special Courts are inconsistent with international human rights law under the International Covenant on Civil and Political Rights (ICCPR) that Sudan has ratified, and the United Nations' Convention against Torture and other Cruel, Inhuman or Degrading Treatment of Punishment (CAT) to which the Government of Sudan is a signatory.
Action requested
Please write to the authorities in Sudan urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the afore-mentioned persons;
ii. 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;
iii. intervene with the proper authorities to ensure that they are provided with adequate medical as a matter of urgency;
iv. order a thorough and impartial investigation into the circumstances of these events, notably the serious 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;
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, People’s Palace, PO Box 281, Khartoum, Sudan, Fax: + 24911 783223
· Mr Ali 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
· Dr 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 Sudan to the United Nations in Geneva, PO Box 335, 1211 Geneva, Switzerland, Fax: +4122 7312656. E-mail: mission.sudan@ties.itu.int
Please also write to the embassies of Sudan in your respective country.
Geneva, July 11th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Torture / Death penalty / Fair trial
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, a member of the OMCT network, of the arrest and torture of members of the Ta'aisha, Salamat, and Reziegat tribes in South Darfour, Sudan.
According to the information received, five farmers from the Ta'aisha tribe were arrested on April 1, 2003, in Rehaid al-Birdi, south Darfour. The men, Adam Yaseen Mohamed (26 year-old); Abdel Kaream Ahmed Haydo, 22 years; Burmma Abdel Rahman Masar (30); Saead Ahmed Mohamed (29); and Dirdima Bushra Hatala (27), have been charged with murder under Article 130 of the Penal Code. The five men were originally held in Rehaid al-Birdi prison before being transferred to Nyala prison on June 23, 2003. They have reportedly been tortured during their detention. The detainees have been beaten on their arms and legs, been injured by knives, been forced to endure the mouth of a bottle being inserted into the anus, had their testicles crushed, and been flogged using a water hose. Four of the individuals reportedly involved in the torture - Salah al-Din Shukri; Mounas Bashar; Musa Eisa and Tijani (a policemen and investigator) - are members of the Rahad al-Birdi Police authorities. The authorities have refused to release the detainees on bail.
The detainees' case will probably come before the Special Court in Nyala, South Darfour, on July 23, 2003. If convicted the men may be sentenced to death. The lawyers for the five men, Mossad Mohammed Ali and Thoria Haroun, have submitted a request asking that the defendants be allowed to receive medical examinations and requesting an investigation into the allegations of torture.
Separately, on Apil 29, 2003, three men were arrested in Yaseen village in South Darfour and have been charged with armed robbery ("haraba") under Artcile 167 of the Penal Code – an offence which can carry the death penalty. Yousif Haroun Helu, a 23-year-old donkey trader belonging to the Salamat tribe, Adam Ebaid Abdallah, a 25-year-old donkey trader belonging to the Salamat tribe, and Adam Bahkeit Adam, a 30-year-old farmer belonging to the Reziegat tribe, were originally all detained in an area called Al-Malwe. They were held in the Yaseen village prison for three days and then transferred to the prison in Nyala. Sources indicate that the three men were tortured during their detention in the Yaseen village prison. The men were reportedly chained and beaten by officers using their fists, wooden staves, and gun-butts. The perpetrators have not been identified, but are all officers at the Yaseen police station. The authorities have refused to release the men on bail.
The armed robbery case will appear before the Special Court in Nyala, South Darfour, on July 13, 2003. If the men are convicted they may be sentenced to death and to crucifixion. Two lawyers representing the defendants, Mossad Mohamed Ali and Mohamed Omer, have requested that their clients be allowed to receive medical examinations and that there be an investigation into the allegations of torture.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Adam Yaseen Mohamed, Abdel Kaream Ahmed Haydo, Burmma Abdel Rahman Masar, Saead Ahmed Mohamed, Dirdima Bushra Hatala, Yousif Haroun Helu, Adam Ebaid Abdallah, and Adam Bakheit Adam, notably given that they have already been subjected to torture and remain at risk of further treatment of this type. In addition, it is thought that they require medical assistance as a matter of urgency. OMCT calls on the Sudanese government to guarantee their integrity during detention and to order an immediate investigation into the allegations of torture, in order to identify those responsible and to bring them to trial. OMCT calls on the Sudanese government to provide the necessary medical care for the afore-mentioned persons as a matter of urgency and to 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.
OMCT 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. OMCT is gravely concerned that the Special Courts that are trying these cases do not allow for fair trials. OMCT recalls that the procedures and sentences of the Special Courts are inconsistent with international human rights law under the International Covenant on Civil and Political Rights (ICCPR) that Sudan has ratified, and the United Nations' Convention against Torture and other Cruel, Inhuman or Degrading Treatment of Punishment (CAT) to which the Government of Sudan is a signatory.
Action requested
Please write to the authorities in Sudan urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the afore-mentioned persons;
ii. 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;
iii. intervene with the proper authorities to ensure that they are provided with adequate medical as a matter of urgency;
iv. order a thorough and impartial investigation into the circumstances of these events, notably the serious 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;
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, People’s Palace, PO Box 281, Khartoum, Sudan, Fax: + 24911 783223
· Mr Ali 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
· Dr 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 Sudan to the United Nations in Geneva, PO Box 335, 1211 Geneva, Switzerland, Fax: +4122 7312656. E-mail: mission.sudan@ties.itu.int
Please also write to the embassies of Sudan in your respective country.
Geneva, July 11th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.