|
Sudan
1635. By letter dated 17 September 2004, sent jointly with the Special Rapporteur on the right to freedom of opinion and expression and the Special Representative of the Secretary- General on human rights defenders, the Special Rapporteur notified the Government that he received allegations concerning Waiel Taha, a student and member of the Sudan Organization against Torture (SOAT) student network in Sudan (cited in a previously transmitted communication, para. 1640). According to the new allegations received, he was released on bail on 7 January 2004. While in custody he was tied to a chair, blindfolded with a shirt and beaten on his genitals and other parts of his body with a water hose, and was threatened with rape. He was charged by the Chief Persecutor of the Crime Against the State with instigating students, illegal occupation of a room used by a guard and the destruction of a Student Support Fund’s banner, under articles 144 (intimidation) and 182 (criminal mischief) of the Penal Code of 1991. Although he was released on bail, it is reported that he was ordered to report back to the Crime Against the State Office on 8 and 11 January 2004.
1636. By letter dated 6 September 2004, sent jointly with the Special Representative of the Secretary-General on human rights defenders, the Special Rapporteur notified the Government that he received allegations concerning some 45 students from the University of Bkhat al Rodah, Al Duwain. On 17 March 2003, they were arrested after protesting against a decision by the Dean to refuse the establishment of a student union. It is reported that the police used rocks, pebbles, electric batons and tear gas, which resulted in injuries to many students, including Imjad Taha Hussain, Faiza Al Taieb Omer, and Limia Osman. The students were taken to the security office and detained for three hours, all in the same room, without any ventilation. Upon their release, they were ordered to evacuate their university rooms.
1637. By letter dated 30 November 2004, the Special Rapporteur notified the Government that he had received allegations concerning Rashid Mohamed Salih Mohamed Ahmed, age 22, a student at the Faculty of Marine Science, Red Sea University, Port Sudan. On 27 May 2004, he was detained at a conscription camp outside Gibet town. He was beaten by three security officers inside the camp’s security office. He was detained at the security office from 1pm until 4pm, and his documents dealing with Union activities were confiscated. He was questioned about his political activities, and the names of the students collaborating with him on his political activities in the camp and at the university. He was beaten with sticks, kicked and punched all over his body. He was threatened with torture if he reported the incident, and was coerced to sign a statement that he would not return to the camp, or the Faculty of Education again.
Urgent appeals
1638. On 23 December 2003, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression, and the Chairperson- Rapporteur of the Working Group on Arbitrary Detention, regarding Islam Salih Adam Belo, the director of the Sudan office of the Arabic-language television channel, Al-Jazeera. According to the allegations received, he was arrested in Khartoum, on 18 December 2003. Reports indicate that he is held in incommunicado detention and has had no access to his family.
1639. By letter dated 23 March 2004 the Government responded that this person broadcast a false news report about the national security authorities on Al-Jazeera television. He was arrested for that news report. A criminal case was filed against him with the Office of the Public Prosecutor of crimes against the State. He was then handed over to the Office. The Office completed the established legal formalities and he was released on personal recognizance that same day. The criminal case was sent for trial and is now being heard by the North Khartoum Criminal Court. Several sessions have already been held. The situation in Darfur has been officially declared an emergency situation that threatens the life of the nation. In spite of these circumstances, the State complies with the standards set out in article 9 of the Covenant, which were incorporated into the National Security Forces Act of 1999 and the regulation concerning the treatment of prisoners issued in pursuance thereof. Article 31 of the National Security Forces Act deals with the subject of preventive detention, while the regulation specifies the rights of persons who are arrested. Throughout the time that he was under arrest, the individual was treated in a manner consistent with the preservation of his dignity and in accordance with the law, the Constitution, international standards and the established practice of States vis-à-vis the bringing to account and prosecution of any public official, including members of the security forces, who commits an abuse of office or flouts the law. There is no impunity, as judicial precedents confirm. Article 31 of the 1998 Constitution of the Sudan explicitly recognizes that individuals have the right and liberty to seek a legal remedy. The individual has not exhausted the domestic remedies available to him under Sudanese law and that he still has the option of doing so. This is consistent with the provisions of the International Covenant on Civil and Political Rights.
1640. On 7 January 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, regarding Adeeb Abd El Rahman Yousif, a 30 year-old teacher, Saed Imam Alhaj, a 35 year-old teacher, Ibrahim Osman, a 36 year-old merchant and Arbab Abd El Mowla, a 34 year-old teacher, all from the Fur tribe. According to the allegations received, they were arrested on 2 January 2004 by the security forces at the local market in Zaligny, Darfur, on suspicion of belonging to the Sudan Liberation Army (SLA). They are currently held in incommunicado detention at the security forces offices in Zaligny and that they have not been officially charged. Allegations have been received concerning Omer Abdel Shaf’ih Rajab, a 40 year-old manager of the Nyala branch of Export Development Bank, and Mr. Osman, a 47 year-old gatekeeper at this bank, the two of them from the Zaghawa tribe. They were arrested by the security forces in Nyala on 5 January 2004 on suspicion of supporting the SLA at the Nyala branch of the Export Development Bank. Omer Abdel Shaf’ih Rajab is reported to be currently held incommunicado at the security forces office in Nyala. Mr. Oman’s whereabouts are reportedly unknown since his alleged arrest.
1641. On 8 January 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression, and the Special Representative of the Secretary-General on human rights defenders, regarding Waiel Taha, a 23 year-old student and member of the Sudan Organization against Torture (SOAT) student network in Sudan. According to the allegations received, he was arrested by members of the National Security Agency (NSA) outside the Khartoum University Student Union Building on Nile Street on 5 January 2004, taken to an undisclosed location, and his whereabouts are unknown since then. A delegation from the Khartoum Student Union went to the NSA office and requested information on his whereabouts. However, the NSA denied that he had been arrested. According to the information received, another student, Yousif Fat’h Al Rahman, was arrested with Waiel Taha. He confirmed that they were both taken by force by nine individuals on a Toyota pick-up truck, 2002 model, and that they were subsequently separated. Yousif Fat’h Al Rahman was taken to the NSA building near Old Khartoum High School, where he was punched on the face, beaten on the soles of the feet and back, kicked, pressed hard on the stomach, forced to drink three litres of water with a bottle inserted to the throat, strangled and subjected to death threats by five security officers. He was hurled, blindfo lded and handcuffed, into a road near Mahmood Sharief Station in Buri on 6 January 2004.
1642. On 13 January 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, regarding Abdel Shafie Issa Mustaf, former Sudan Textile employee, Adam al-Zubayr Issa, merchant, Adam Mohammad Osman, merchant, Ahmed Hassan Abdel Rahman, banker, Ahmed Taher Ahmed Shattah, electronic technician, Al-Fadi Tambour, teacher, Bushara Bushra Abdel Rahman, Idris Mohamed Ali, merchant, Ismail Abdallah Musa, teaching assistant, Hashem Hammam, student, Mohammad Abdallah Duma, lawyer and former Minister of Local Government, Mohammad Harun Kafi, lawyer, Mohammad Ismail, student, Mohammad Abu Bakr Idris, Mohammad Issa, pharmacist, Suleiman Ahmed Hussein as well as a number of other individuals reportedly arrested by the military or national security forces in Khartoum, Nyala, Al-Jeneina and other towns in the Darfur region over the past month in connection with the conflict in this region. According to the allegations received, the above-named persons are currently held incommunicado without charge at the security forces’ detention centres or at Kober prison in Khartoum.
1643. On 30 January 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on extrajudicial, summary or arbitrary executions, regarding Masar Ahmed Ishag, a 37 year-old nomad, Jali Adam Ahmed, an 18 year-old nomad from Kirokirro and Musa Hamid Ahmed, a 20 year-old man from Kirokirro. According to the allegations received, they were arrested in Lawea village and transferred to Nyala prison on 8 February 2003 in connection with a murder investigation. They appeared before the Nyala criminal court in May 2003. They were not represented by a lawyer during the trial. On 3 November 2003, they were convicted, sentenced to death by hanging, and are at risk of imminent execution. Allegations were received concerning Sanousi Alhaj Ismaeal, a 27 year-old merchant from Hey Alwihda. He was arrested on 30 August 2003 and detained at the Nyala Janoub (south) police station, accused of killing a man in Hey Alwihda on 18 August 2003. Police officers in Nyala Janoub tortured, beat and flogged him in order to extract a confession that he allegedly refused to give. The Nyala Criminal Court sentenced him to death by hanging on 29 December 2003, and is now be at risk of imminent execution. He was not represented by a lawyer during his trial. On 31 May 2003, Mohamed Ishag Mohamed was convicted of armed robbery, sentenced to cross amputation by the Kass Court, and his appeal was dismissed by the Supreme Court.
1644. On 13 February 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, regarding Abdallah Hamed Ismail, age 25, a farmer, Mohamed Hamad Adam Muta, age 26, a farmer, and Abdallah Mahmud, age 28, a nomad, all from the Ma’aliya ethnic group. According to the allegations received, on 24 January 2004, the three men were arrested at 4pm by members of the internal security service at Adila market, in Southern Darfur State, and taken to the internal security detention centre in east Adila market. At 5pm they were transferred to the military camp in Adila. At 1am on 25 January, six internal security agents stripped the men and beat them on their backs and shoulders with whips, and tied them up. They then poured boiling water on the men’s backs and burnt them with hot metal objects. This torture continued over a period of seven days to force them to confess to possessing guns and ammunition, an offence that carries the death penalty. The three men asked to be taken to hospital, but were refused. On 2 February they were transferred to the police station in Adila and charged with possessing guns and ammunition. On 5 February the police reportedly sent the detainees to Adila hospital for treatment. Medical reports from the hospital are said to confirm the allegations of torture. Abdallah Hamed Ismail had received serious injuries to his back and right eye. The three men are now apparently held in Adila police station, and they may soon face a summary trial before the "Specialised Criminal Court", which does not guarantee the rights of defense.
1645. On 18 February 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on violence against women, regarding M. A. F., a 15 year-old girl, Al Wihida Neighbourhood (Unity), Niyala, Darfur (cited in a previously transmitted communication, E/CN.4/2004/56/Add.1, para. 1609 and 1610). According to the allegations received, she is at imminent risk of being flogged. She appealed against the sentence on the grounds that she was pregnant and not fit to undergo such punishment. Her lawyer objected that her age was not taken into account by the court. However, according to reports, on 15 October 2003, the Supreme Court in El Obeid reconfirmed her sentence, exhausting her avenues to appeal.
1646. On 5 March 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the independence of judges and lawyers, and the Special Rapporteur on violence against women, regarding the situation of Alakor Lual Deng, from the Dinka ethnic group. According to the allegations received, she is reportedly at risk of being executed by stoning after she was allegedly convicted of adultery by the Criminal Court in Nahud in Western Kordofan State in July 2003. She was not represented by a lawyer at her trial nor was she allegedly provided with a Dinka interpreter, even though the trial was conducted in Arabic. It was further reported that an appeal against her sentence was sent to the Supreme Court, which will decide shortly whether the sentence will be upheld or overturned. Alakor Lual Deng is now reportedly awaiting her sentence at the prison in El Obeid, Northern Kordofan State with her ten-month-old baby.
1647. On 19 March 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, and the Special Rapporteur on the right to freedom of opinion and expression, regarding Dr. Ali Ahmed Daoud, a veterinary doctor, and Ali Hussain Dossa, a Member of Parliament for North Nyala. According to the allegations received, the men were arrested on 15 March and are held in the Nyala security centre, South Darfur. It is reported that Dr. Ali Ahmed Daoud was attending a meeting in Ali Hussain Dossa’s house with about 20 other people, all believed to be members of the Fur ethnic group. They were discussing ways of lobbying the government to end attacks against villages in the region by the government-backed Janjaweed militia. Members of the Sudanese security forces are said to have broken up the meeting and detained the participants. It is reported that all but the two named men have been released. Dr. Ali Ahmed Daoud and Ali Hussain Dossa are reported to have been severely tortured, and have not had had access to a lawyer. It is reported that they have been charged with spying for the Sudan Liberation Army, a charge which carries the death penalty.
1648. On 26 March 2004, the Special Rapporteur sent a joint urgent appeal with the Representative of the Secretary-General on internally displaced persons, the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the right to food, Special Rapporteur on the right to health, and the Special Rapporteur on violence against women, regarding allegations of civilians killed, women raped and dozens of villages burned by Janjaweed militias in Darfur in the last few weeks. The incidents are said to be continuing. During an attack by the Janjaweed militia on at least 10 villages in the Tawila district between Kabkabiya and al-Fasher in Northern Darfur, between 27 and 29 February 2004, more than 80 people were killed and a number of school girls were raped. In February 2004, 27 girls from Kutum, Bindisi and Morny were abducted by security and military forces and taken to Khartoum by plane, and their whereabouts are said to be unknown. Between 29 February and 1 March, Janjaweed militia attacked and killed two internally displaced persons (IDP) in Um Khair village 54km west of Garsilla, South Darfur. On 1 March, Janjaweed militia allegedly attacked Dagarais village, 34km west of Nylala, South Darfur, and killed 22 villagers and injured 30. On 3 March, Janjaweed militia attacked four villages near Deleij, 64km southwest of Zalingei, South Darfur and killed two civilians. All the villages were burned and an unknown number of cattle were looted. On 5 March, Janjaweed militias attacked the administrative unit of Mastri, 55km southwest of Al-Jeneina, North Darfur, and killed two villagers and injured one. In Western Darfur, on 6 March, the Janjaweed militia with three land-cruisers and about 60 men on horseback attacked al- Kureinik, a large village east of al-Jeneina, with large numbers of displaced persons. They killed 15 villagers, including a child. On 7 March, about 400 Janjaweed militians allegedly attacked a village in Abu Ajura, Dagres, 45km southwest of Nyala, South Darfur and killed 20 villagers and injured 30. On 7 March, Janjaweed militia attacked Tulo and Arsonga, 4km west of Gemeiza and Kotinga, 73km north of Nyala, south Darfur, and killed two villagers and injured three. On 8 March, military planes bombed villages near Kidinir, east of the Meran mountains during which 13 women, 8 children and four men were killed. On 8 March, three children were among 12 people killed in ‘Aish Barra, a village west of al-Jeneina, near the Chad border. On 12 March, Janjaweed militia attacked an IDP camp in Admata, near al- Jeneina, west Darfur and killed two IDPs. On 12 March, military planes bombed Sherya 70km east of Nyala, south Darfur, during which six women were killed and 25 persons injured. After the bombing, Janjaweed militia attacked the village and burned over 100 huts and stole 670 cattle. On 15 March, an unknown armed group ambushed a commercial convoy carrying food supplies on the road between El Fashir and Kutum, north Darfur during which one driver was injured and all the food was stolen. In Gokar, not far from al-Jeneina, at least 5,000 fleeing villagers are said to be gathered with no food, shelter or medicine, while al-Jeneina itself is reportedly currently occupied by an estimated 100,000 displaced people. The town of Mornay is reportedly full of displaced persons, with insufficient food and medicines and no doctor. Diarrhoea and fever are rife and five to ten people are dying each day. The conflict is reportedly spilling over into Chad as the Janjaweed make cross border raids. It is reported that more than 100 refugees and Chadians have been killed and cattle looted during such raids in the past few months. On 7 March, 35 armed men believed to be Janjaweed attacked border sites and killed one man in Ouendalou, wounded another in Absogo, and stole 100 cattle. On 16 March, Janjaweed militia and government soldiers attacked Korma. 22 women were raped, several of whom were young, and a number of which were carried out in front of the families of the victims. The rape victims were abducted, 16 of whom were returned to the village a few days later. 48 people were killed, including several members of the Public Defense Force who had surrendered their weapons. Unspecified numbers of men and boys were abducted and forced to herd looted livestock. Some of the men were severely beaten during the process. On the second day of the attack a government military helicopter arrived to re-supply the attackers with ammunition and evacuated Janjaweed militia casualties. A second attack took place on 21 March during which the market was burned and eight more people were killed. The perpetrators in this instance were of the "Goran" tribe, Janjaweed, or both. The government is supporting the actions of the Janjaweed in order to pursue a strategy of forced displacement of the populations of the region. The Janjaweed are accompanied by soldiers, and that some of the attacks have been by the Janjaweed wearing army uniforms. In the past year no member of the Janjaweed has been arrested or prosecuted for participation in the attacks.
1649. On 5 April 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the independence of judges and lawyers, the Special Rapporteur on the right to freedom of opinion and expression, and the Special Representative of the Secretary-General on the situation of human rights defenders, regarding Baroud Sandal Ragab, Ismail Oman, Mohamed Haroun, Mohamed Sharief Ali and Abdalla Aldoma, all lawyers. According to the allegations received, they were arrested on 19 March 2004 in Khartoum, and are being held incommunicado in a special section of Kober Prison.
1650. On 5 April 2004, the Special Rapporteur sent an urgent appeal concerning Hassan Sati, Dr. al-Haj Adam, Dr. Bashir Rahma, Dr. Adam al-Tahir Hamdoun, Suleiman Sandal, Muhammad Ahmad Dahab, Ahmad Fadl, Dr. Hassan al-Turabi, all senior officials from the Popular Congress party, and about 15 others, including army officers. According to the allegations received, they were arrested on 30 March 2004, and are being held incommunicado at Kober Prison.
1651. On 15 April 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the independence of judges and lawyers, regarding Mahmoud Yahya Adam, 19 years old, Yahya Al-Doum Haroun, 23 years old, Idris Ibrahim Idris, 26 years old, all farmers from Silaya village, and Abdel Karim Abdallah Adam, a 28 year-old man from Jiway. According to the allegations received, they were arrested by police on 29 March 2004 in Jiway, Khina village, 80km east of Nyala. On 3 April 2004, they were convicted of armed robbery and sentenced to amputation of the right hand and left foot by the Nyala Specialized Criminal Court. The men were subjected to torture in police custody. The four men did not have access to a lawyer before or during their trial. The four men have lodged an appeal.
1652. On 11 May 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, regarding Ahmad Abdel Hamid Mohammad Mustafa, a bank employee at the Faisal Islamic Bank. According to the allegations received, on 4 May 2004, he was arrested at his house in Nyala by the Security and Intelligence Agency. The next day he was transferred to the security centre in al- Fasher, where he is held incommunicado.
1653. On 12 May 2004, the Special Rapporteur sent a joint urgent appeal with Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the right to freedom of opinion and expression, and the Special Representative of the Secretary-General on the situation of human rights defenders, regarding Nureddin Mohammad Abdel Rahim, omda, or mayor, of Shoba, and Bahr al-Din Abdullah Rifah, omda of Jabalsi. According to the allegations received, on 9 May 2004, the two men were arrested in the street in Kabkabiya, North Darfur State, after a meeting called by the International Committee of the Red Cross. It is reported that they had provided information on human rights violations by government-supported militia in the region, including information on burnt villages, killings and mass graves. It is alleged that the men are held incommunicado.
1654. By letter dated 21 July 2004, the Government informed that Nureddin Mohammam Abdel Rahim and Bahr al-Din Abdullah Rifah were interrogated by security officers in Kabkabiya on 9 May 2004 in connection with spreading false news about the existence of mass graves in the area. Bahr al-Din Abdullah Rifah was released on the same day, while Nureddin Mohammam Abdel Rahim was released on 11 May.
1655. On 25 June 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, and the Special Rapporteur on the the right to freedom of opinion and expression, regarding Dr. Ashaq Hussein Jammih, Mohamed Ishaq Adam, a taxi driver, and Adam Badawi Youseif, a market-trader, all from Al-Fasher; and Abdel Rahman Adam Abbow and Dr. Ishag Sabeel, from Nyala. According to the allegations received, Ashaq Hussein Jammih was arrested on 15 June 2004 at his house, for his suspected membership of the Popular National Congress (PNC). Mohamed Ishaq Adam and Adam Badawi Youseif were arrested on 19 June 2004 for their suspected support of the rebellion in Darfur. All three men are detained in the security forces offices in Al-Fasher and no official charges were brought against them. On 18 June 2004, in Nyala, Abdel Rahman Adam Abbow and Dr. Ishag Sabeel were arrested by the security forces for their suspected support of the armed opposition, and transferred to the security forces offices. No official charges were brought against them and they have been refused visits.
1656. By letter dated 21 July 2004, the Government informed that Ashaq Hussein Jammih was detained by National Security personnel for interrogation into his suspected role in assisting rebels, is still under arrest and has been treated humanely. Mohammed Ishaq Adam was detained for his role in supporting the rebellion movement in Darfur and was released after the investigations were completed. Abdel Rahmen Adam Abbow was detained and released after three days and was treated humanely.
1657. On 8 July 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, regarding Babikir Abdel Rasoul, a merchant, and Ali Mohamed Adam, a farmer, both from Bouram; and Adam Hassan, a merchant, Adam Mahmoud Neddi, a merchant, Mustafa Bilal, a merchant, Dahub Joumaa Sinja, a lorry driver, and Moudathir Mohamed Zain, Mr. Dahub’s assistant, all from Nyala. According to the allegations received, the men were arrested on 12 June 2004 by the military intelligence and armed forces in Bouram Town, Southern Darfur State, on suspicion of joining the armed opposition. Following their arrest, the 7 men were detained in Bouram for 14 days. There, the seven men were beaten with sticks on their hands and flogged with "Sots" (leather whips). On 26 June 2004, they were all transferred to the Nyala Wasat Police Station, where they are currently being detained with no official charges against them.
1658. On 21 July 2004, the Special Rapporteur sent a joint urgent appeal with the Special Representative of the Secretary-General on the situation of human rights defenders, regarding the situation of Salih Mahmoud Osman, a Human Rights lawyer with the Sudan Organization Against Torture (SOAT) (cited in a previously transmitted communication, sent on 4th February 2004 by the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, Special Rapporteur on the independence of judges and lawyers, Special Rapporteur on the right to freedom of opinion and expression and Special Representative of the Secretary- General on the situation of human rights defenders). According to the allegations received, on 1 February 2004, he was arrested by members of the National Security Agency (NSA) at his home in Wad-Madani. He has been held in incommunicado detention since then and that no official charge has been brought against him. On 30th June 2004 Salih Mahmoud Osman began a hunger strike in protest against his detention. He was suffering from jaundice at the time of his arrest as well as from diabetes and high blood pressure.
1659. On 6 August 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the rights to adequate housing, concerning regarding Abdella Bashir, age 23, Abdel Wahab Abdel Rahman Adam, age 30, Adam Mahadi Mohamed Ahmed, age 23, Malik Mansour Mohamed Bakhit, age 20, Abu Algasim Mohamed Ibrahim, age 21, Abdella Ibrahim Mango, age 28, Yaseen Mohamed Arabi, age 22, Suleiman Musa Mohamed, age 23, Saif Aldin Salih Adam, age 21, Mohamed Adam Abdella, age 22, Abdella Osman Mohamed Salih, age 23, Abbas Omer Ishag, age 22, Mohamed Abaker Jali, age 23, Izzeldin Abdella Ali, age 23, Mahmoud Mohamed Salih, age 22, Baher Aldin Bashir Sharief, age 22, Adam Abdel Rahman Suleiman, age 22, Gamer Aldin Mohamed Ibrahim, age 22, Yousif Abdella Omer, age 22, Abdella Yousif Tijani, age 27, Mustafa Ahmed Jabralla, age 19, and Nour Aldin Babiker Hassan, all Internally Displaced Persons (IDPs) at the Kalma refugee camp, located 17km east of Nyala, Southern Darfur State. According to the allegations received, they were arrested after disturbances at the Kalma camp following the resistance of the IDPs to the Government’s attempts to return them to their villages. Security officers restored order to the Camp and arrested 22 individuals who were accused to be leaders of the camp. Initially the 22 individuals were taken to the security office in Nyala and detained for one day. On 1 August 2004 the detainees were transferred to Nyala Wasat police station and on the 2 August the 22 individuals were officially charged by the National Security Agency for causing a "public nuisance and disturbance". Their trial began on the same morning at the Nyala Criminal Court, and they were allowed to be represented by two lawyers. At the end of the session, they were taken to Nyala General Prison. The next session is to be held on 7 August 2004. The detainees alleged that they were beaten with sticks on their arms, heads, ears, backs and all over their bodies, in order to extract confessions that they caused the disturbances at the camp. The court accepted the request for medical examinations, and a medical application form has been issued by the police to send them to the hospital to confirm the injuries and to receive medical treatment.
1660. On 10 August 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, regarding Yaqub Khater, omda (community leader) of Abu Jereda, Ahmed Suleiman, omda in Kabkabiya, Khidder Ahmed Abdel Rahman, omda in Kabkabiya, Sabri Adam Nurein, Hamad Siddiq, Maryam, Siddiq Abdallah Abdallah, and 40 other men. According to the allegations received, forty-seven people from North Darfur State, including these seven persons, were arrested between 26 June and 3 August after they spoke to members of the African Union Ceasefire Commission (CFC) and foreign government delegations about the situation of displaced people or about human rights violations in Darfur. Yaqub Khater and five other men were arrested on 15 and 17 July after they talked to members of the CFC in Abu Jereda village, 7km south of the town of al-Fasher. Ahmed Suleiman and Khidder Ahmed Abdel Rahman were arrested in Kabkabiya and are now held by the Janjaweed militias. Sabri Adam Nurein, Hamad Siddiq, Siddiq Abdallah Abdallah and Maryam were arrested on 3 August in the town of Mellit, apparently after talking to the CFC. The Ceasefire Commission has apparently tried to visit those who have been arrested, but has not been allowed to see them. Moreover fifteen men were reportedly arrested in Abu Shawq camp, near al-Fasher, following the visit of the United States of America Secretary of State to the camp on 30 June. Five men were arrested at the same camp after a visit by a delegation from the French Foreign Ministry on 27 July. They are all believed to be held incommunicado.
1661. On 18 August 2004, the Special Rapporteur sent an urgent appeal, concerning Abdel Salam Mohamed, age 25, Ali Alnour Ahmed, age 24, Salah Aldin Babiker, age 18, Joumaa Adam Haggar, age 18, and Adam Adam, age 19. They are Internally Displaced Persons (IDPs) at the Kalma refugee camp, 17km east of Nyala, Southern Darfur State. According to the allegations received, on 3 August 2004, they were arrested by the National Security Agency (NSA), detained for two days in the security offices in Nyala, and transferred on 5 August to the Nyala prison. At the security offices, the men were beaten by the security officers with sticks and water pipes on the heads and legs, and flogged with a leather whip on their backs. They were denied medical treatment when they were transferred to the prison. They are accused of accused of attacking the office of the camp’s Humanitarian Aid Commissioner and injuring a policeman. Their trial began, which began on 16 August at the Nyala Criminal Court is expected to resume on 19 August.
1662. Information has also been received concerning Ayman Ahmed Adam, Abdel Kareem Adam Adam, Adam Yahya Mohamed, Yagoub Abdella Mohamed, Jafer Yousif Adam, Mohamed Musa Mohamed Abaker, Hussein Jafer Saif Aldean, Abdella Abaker Osman, Adam Abdella Alsadig, Ismail Yousif Ismail, Faisal Abdel Razig Mohamed, Adam Mohamed Hussein, Suleiman Baher Adam, Ishag Mohamed Alhaj, Ibrahim Haroun Abaker, Yagoub Abdella Ali, Musa Ahmed Haroun, Habib Ishag Alzein, Nour Alden Adam Alnour, Baraka Musa Salih, Adam Hassan Abdel Rahman, Amir Eltayeb Sharef Aldin, Abdeen Jibreal Ibrahim, Osman Ibrahim Abdella, Moutasim Suleiman Issa, Ali Mohamed Ishag, Mohamed Abdel Rahman Abdel Aziz, Ismail Haroun Abdella, Eltayeb Mohamed Adam, Adam Abdel Rahman Ahmed, Issa Adam Arja, Abdel Majid Abaker Mohamed, Mohamed Abdel Rahman Ibrahim, Mohamed Abaker Mohamed, Abdel Shakour Abdella Yahya, Alsadig Hassan Mohamed, Hashim Musa Yagoub, Mohamed Yagoub Zayid, Hassan Ibrahim Abdel Karim, Ismail Abaker Abdel Rasoul, Anwar Issa Abdel Shafi, Mohamed Abaker Degais, Mohamed Nour Aldin Ishag, Mohamed Saead Hussein, Ahmed Yahya Adam, Ahmed Adam Idris, Issa Ishag Yagoub, Abdel Malik Suleiman Abdella, Yahya Musa Yahya, and Anwar Alnour Yousif. They also are IDPs at the Kalma refugee camp. According to the allegations received, on 15 August 2004 they were arrested by security forces and detained until 16 August before being transferred to the Nyala Wasat Police Station. During their arrest they were beaten with sticks and hands and flogged on their backs and shoulders to confess that they encourage the IDPs in the camp to refuse to return to their villages. Their trial began on 16 August at the Nyala Criminal Court where they were charged with public nuisance and disturbance. On 17 August 2004, the Public Order Court in Nyala sentenced them to one month imprisonment and 20,000 Sudanese Dinars (US$70).
1663. On 6 October 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression, the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Representative of the Secretary- General on human rights defenders, regarding Mr. Faisal Dawood Abd Alrahman, 26 years old, a fourth year economics student and Mr. Abd Alrahman Mohamed Abd Alrahman 27 years old, an Arts Faculty student, respectively Secretary-General and Chairperson of the Darfur Student Association at the University of Khartoum. According to the allegations received, both were arrested on 23 September 2004 at 11am by eight officers from the National Security Agency (NSA) within the premises of the University of Khartoum and taken to the NSA political section offices in the North of Khartoum (near Sha ndi Bus Station). While detained there, they were beaten and punched all over their bodies for an hour. They were questioned about the activities of the Darfur Student Organization. Mr. Abd Alrahman Mohamed Abd Alrahman was released on 24 September 2004 at 4 pm. while Mr. Faisal Dawood Abd Alrahman is believed to be still detained, his whereabouts remaining undisclosed.
1664. On 12 October 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, and the Special Representative of the Secretary-General on the situation of human rights defenders, regarding Mr. Adib Abdel Rahman Yusuf, of the Sudan Social Development Organization (SUDO) in Zalingei, West Darfur State. According to the allegations received, on 10 September 2004, he was arrested in Khartoum by National Security and Intelligence Agency officers. He is currently held incommunicado at the political section of the National Security and Intelligence Agency in Khartoum.
1665. On 20 October 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, and the Special Rapporteur on violence against women, regarding Ms. Zubaida Rabih Abdallah, a 35 years old well-known woman activist, Ga’ar Alhajar Neighbourhood, Kadogli City, Southern Kurdufan State. According to the allegations received, on 4 August 2004, she was arrested by the National Security Agency (NSA) at her office at the Crop Protection Department in Kadogli and taken to the NSA offices in Kadogli. Whilst in detention, Ms. Zubaida Rabih Abdallah was beaten with sticks on her shoulder, her fingers were twisted and she was kicked in her lower abdomen. Moreover, she was sexually harassed and one officer tried to remove her clothing. On 6 August 2004, she was transferred to Kadogli hospital and admitted there for nine days. During her hospitalization, she was handcuffed and tied to her hospital bed. On 15 August, Ms. Zubaida Rabih Abdallah was discharged from Kadogli hospital and returned into NSA custody. She has been charged with the publication of false news, among other things.
1666. On 22 October 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, regarding Mr. Mansour Mohamed Alzubair, age 27, Mr. Abdelhafeez Mohamed Alzubair, age 29, both students of Omdurman Islamic University, Mr. Ibn Omer Abdel-latif Mohamed Madani, a 26 year-old student at the Holy Quran University (Alquraan al-Kareem) and General Secretary of the Jabal Marra Students Association at the Universities in Khartoum, Mr. Abdelrasoul Mohamed Sulaiman, a trader at the Omdurman market, Gafar Abakar, a mechanic, and Mr. Mahmoud Mohamed Adam Gummaa. According to the allegations received, on 11 October 2004 at 4am, security personnel from the Political Section of the National Security Services (NSA) arrested Mansour Mohamed Alzubair, Abdelhafeez Mohamed Alzubair, and Abdelrasoul Mohamed Sulaiman together with Mr. Ibn Omer Abdel- latif Mohamed Madani. The arrest took place at the house of relatives of Mr. Ibn Omer Abdel-latif Mohamed Madani. The four men were taken to the NSA political section offices at Khartoum North (near Shandi Bus Station). They were detained together with other men originating from Darfur, among them Gafar Abakar and Mahmoud Mohamed Adam Gummaa. In detention Mr. Ibn Omer Abdel-latif was heavily beaten on different parts of his body by the NSA officials. He was made to stand against the wall with his hands raised for several hours at a time. As a result of the treatment, he is suffering from haematuria (appearance of blood in the urine). He was interrogated about persons from his tribe, the Fur. Mr. Ibn Omer Abdel-latif was released on 13 October 2004. Mansour Mohamed Alzubair, Abdelhafeez Mohamed Alzubair, and Abdelrasoul Mohamed Sulaiman remain in detention and are facing no official charges.
1667. On 27 October 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, regarding M. M. A. H., age 15, H. A. M. A., age 17, Yagoub Abdella Yagoub, age 18, and Musa Ahmed Mohamed Kamees, age 32, all persons from the Birgid tribe and resident in Janjonat. According to the allegations received, on 6 October 2004, the armed forces and the military intelligence arrested the four persons from a place between Janjonat and Labanti villages, near Doumma, 12km north of Nyala. They were initially taken to the military intelligence offices in Nyala and detained there for four days. Then they were moved to Nyala Central (Wasat) Police Station and remained there for seven days. The four persons are currently detained in Nyala Prison. They were beaten with sticks and kicked with boots on their heads and all over their bodies. They were beaten to extract confessions and interrogated about their involvement with the Sudan Liberation Army (SLA). All four are charged with joining the SLA and committing crimes against the state, among other things. They have been visited by lawyers who have submitted an application on 26 October 2004 to the Attorney General requesting a medical examination of the detainees.
1668. Allegations have also been received concerning A. A. O., age 17, from the Massalit tribe, Baker, Hey Karari, Nyala. According to the allegations received, on 28 May 2004, he was arrested by the military intelligence from his house and detained for four days in military custody. He was beaten by the interrogators with their hands, kicked with boots and whipped with a “Sot”. He was then transferred to police custody and charged with murder, which carries the death penalty. The first session of his case will be held on 9 November 2004.
1669. On 17 November 2004, the Special Rapporteur sent a joint urgent appeal with the Representative of the Secretary-General on the human rights of internally displaced persons, and the Special Rapporteur on violence against women, regarding 13 women residents of al- Geer camp. According to the allegations received, in the early morning of 10 November 2004, policemen carried out a series of violent attacks against displaced people in camps in South Darfur in order to evict them. Two separate attacks on al-Geer camp took place shortly after midnight and at 5am, and were witnessed by United Nations staff members, African Union ceasefire monitors and the press. In both incidents four carloads of police fired bullets into the air, threw tear gas into tents, and beat residents, ordering them to leave the camp. At least 34 people, 13 of whom were women, were taken into police custody, where they were severely beaten. The 21 men were released on bail on 11 November, following UN intervention. One of those released, Shaikh Taher Hasaballah is said to have been transferred to hospital as a result of the injuries he sustained in custody. The 13 women remain in detention.
1670. On 17 November 2004, the Special Rapporteur sent a joint urgent appeal with the Representative of the Secretary-General on the human rights of internally displaced persons, the Special Rapporteur on the sale of children, child prostitution and child pornography, and the Special Rapporteur on violence against women, regarding 13 internally displaced women and girls from Kalma camp, A. I. A., age 14, F. Y. M., age 16, M. I. A. A., age 17, Z. S. A. R., age 15, Amna Mohamed Ishag, Aisha Shareef Aldeain, Fatima Yahya Nour, age 60, Fatima Yagoub Mohamed, age 25 , Fatima Abdel Rahman, age 50, Hawa Abdella Adam, age 35, Soumaya Hassan, age 18, Hehla Abu Jabe, age 25, and Halima Arbab Abd al- Rahman. According to the allegations received, on 2 November 2004, they were kidnapped whilst they were collecting fire wood outside the camp. It is believed that the kidnappers belong to the Janjaweed militias.
Follow-up to previously transmitted communications
1671. By letter dated 22 March 2004, the Government provided information concerning Abbas El Tigani and Gamar Eldin Mohammed Eisa, (E/CN.4/2004/56/Add.1, para. 1613). The Government informed that throughout their detention, both students were treated in a manner consistent with the preservation of their dignity and in accordance with the law. They were released following the completion of the requisite formalities. They have not exhausted the domestic means of recourse available to them under Sudanese law.
1672. By letter dated 22 March 2004, the Government provided information concerning Hana Mohamed Ali, Mawahib Ali, Huda Da’wood, Intisar Abdel Rahman Fadl, Mohamed Al Hassan Rahma, Hassan Harri, Mohammed Ahmed Khalid, Da’wood Abdel Rhaman, Abdel Azim Daw El Beit, Ashraf Alhilo, Haythem Samba, El Tayeb, Tagelsir, Al Noor, Um Al Hassan Sharoofa and Asha Sharoofa (E/CN.4/2004/56/Add.1, para. 1603). The Government informed that on 1 May 2003, they and others burned down the premises occupied by the Student Support Fund. In order to protect the State’s institutions, the police, using tear gas, mounted a counterattack against the students responsible for the act of sabotage. During the attack, some female students fainted and were taken away in ambulances to Zalingei Hospital. The police arrested the students, together with those who had carried out the sabotage, and filed reports against them, which they forwarded to the Department of Public Prosecutions. Throughout the period in which they remained under police arrest, the students were treated in a manner consistent with the preservation of their dignity and in accordance with the law. Contrary to the allegation in the appeal, none of the students were detained by the national security forces in Zalingei. All the students were released after the completion of the legal formalities. These persons have not exhausted the domestic means of recourse available to them under Sudanese law. No complaints were filed.
1673. By letter dated 23 March 2004, the Government provided further information concerning Gazi Suliman (E/CN.4/2004/56/Add.1, para. 1616, 1617). The Government informed that he was treated in a manner consistent with the preservation of his dignity and in accordance with the law. Gazi Suliman has not exhausted the domestic means of recourse available to him under Sudanese law. Not complaints were filed.
1674. By letter dated 23 March 2004, the Government provided information concerning El Fadil Adam Mohammed Ahmed Noorein (E/CN.4/2004/56/Add.1, para. 1622). The Government informed that throughout his detention he was treated in a manner consistent with the preservation of his dignity and in accordance with the law, the Constitution and international standards. Fadil Noorein’s release was effected in the context of the implementation of the Abbachi Agreement signed by the Government and a number of Darfur rebels. He has not exhausted the domestic means of recourse.
1675. By letter dated 23 March 2004, the Government provided information concerning Michael Kustober (E/CN.4/2004/56/Add.1, para. 1626). The Government informed that a criminal case was brought against him for biting a university security guard, and he was sentenced to a term of one month in prison. Michael Kustober was released in April 2003 after the university applied for a pardon on his behalf. The security forces did not arrest the students Hamdi Sebit and Mohammed Ibrahim (ibid). As for the rest of the students referred to, they were not placed in custody as alleged. The students have not exhausted the domestic means of recourse available under Sudanese law. No complaints were filed.
1676. By letter dated 23 March 2004, the Government provided information concerning Hassan Omer Abu-Al Reish (E/CN.4/2002/76/Add.1, para. 1545). The Government informed that following his arrest on 16 March 2001, the officer-in-charge of the security unit was informed that Hassan Omer Abu-Al Reish had fever and was vomiting, and he was sent to Kosti Hospital for treatment. Next morning, the hospital surgeon indicated that he needed an appendectomy, and his relatives were informed. The diagnosis was that Hassan Omer Abu- Al Reish was suffering from chronic malaria or bilharzia. The doctor denied that he was subjected to torture or beating. There was no bleeding or traces of beatings. After surgery on 18 March 2001, Hassan Omer Abu-Al Reish stayed in the hospital for 10 days, after which he was released and went home. At the end of May 2001, Hassan Omer Abu-Al Reish became ill with malaria, was taken to Sahiroon Hospital in Khartoum, where he stayed until his death on 12 June 2001. The hospital medical report stated that his death was due to malaria.
1677. By letter dated 23 March 2004, the Government provided information concerning Alnour Ahmed Mohamed Ali (E/CN.4/2001/66, para. 1008). The Government informed that this person was a student doing his national service who had been assigned to the National Security Service. He was not arrested, as the appeal alleges, nor was he subjected to any form of torture or ill-treatment. On the day of the incident, he entered the premises of the Internal Security Service carrying a sword. A guard at the entrance tried to elude him by running away, even though the guard was armed. However, Mr. Ali gave chase and the guard took refuge behind a parked car, which he circled three times. Mr. Ali, who was very agitated, continued to pursue the guard and lie nearly struck him with the sword. The guard who killed the deceased tried to react without hurting the victim, as witnessed by the 12 shots that he fired at the wall. When the guard realized the gravity of the situation, he used his weapon in self-defence and killed Mr. Ali. The Department of Public Prosecutions followed the prescribed legal procedures, taking statements from the relatives of the deceased, whom they described as suffering from a mental illness. Statements were also taken from the guard and from a number of witnesses who had been on the scene at the time. The Department of Public Prosecutions decided to take no further action. That decision was supported by the Director of the Department of Public Prosecutions, and, later, by the Attorney-General. A large number of lawyers for the victim were involved in the proceedings. None of these lawyers appealed the Attorney-General’s decision to drop proceedings.
1678. By letter dated 23 March 2004, the Government provided information concerning Osman Ahmed Fagharay (E/CN.4/2004/56/Add.1, para. 1641). The Government informed that he was released after the requisite formalities had been completed. He had been allowed to receive a number of visits, had been examined by a doctor and had received medical treatment. He has not exhausted the domestic remedies available to him under Sudanese law. 1679. By letter dated 23 March 2004, the Government provided information concerning Ahmed Da’wah Al Bayt Ahmed (E/CN.4/2004/56/Add.1, para. 1606-1607). The Government informed that throughout the time that he was under arrest, this person was treated in a manner consistent with the preservation of his dignity and in accordance with the law. He was released on 18 May 2003 after the legal formalities had been completed. He has not exhausted the domestic remedies available to him under Sudanese law. No complaints were filed.
1680. By letter dated 21 July 2004, the Government provided information concerning Abdel Aziz Abdul Kader, teacher, Mahdi Yaqub, teacher, Ahmed Abdul Rahman, teacher, Adam Hussain Mohammed Fadil, Omda (community leader), Adam Saleh, Omda, Musa Mohammed, Omda, Al-Haj Tirab Mahmoud, doctor, Mohamed Osman Al-Basha, Adam Dau Al-Beit Tur, Ali Musa Bakara, as well as 14 other men,(E/CN.4/2004/56/Add.1, para. 1630). The Government informed that the people mentioned have never been arrested.
Observations
1681. The Special Rapporteur draws attention to a statement, issued on 26 March 2004,
jointly with the Special Rapporteurs on violence against women, the right to health, racism,
extrajudicial, summary or arbitrary executions, on the sale of children, child prostitution and
child pornography, and the right to food, and the Special Representative of the Secretary-
General on internally displaced persons. The experts expressed grave concern at the scale of
reported human rights abuses and the humanitarian crisis in Darfur, Sudan: large-scale
population displacements, killings of civilians, attacks against refugees and displaced persons,
rape, abductions of children, and destruction of villages, by militias.
Back to Contents
Sri Lanka
Swaziland
This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.