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), was informed by the Sudanese Organisation
Against Torture (SOAT) that Mr. Adel Abdullah Nasir Aldeain Saeed, a lawyer
with the SOAT network in Nyala, Southern Darfur region, was arrested by
security forces on June 16, 2004 at 1 pm.
According to the information received, Mr. Adel was immediately taken to the
security forces offices in Nyala and has been held incommunicado since then.
According to SOAT lawyers in contact with the police, he has not been formally
charged.
Mr. Adel provides free legal aid to persons sentenced to death, amputation, and
other inhumane and degrading punishment. In April 2004, Mr. Adel participated
with other lawyers in an appeal to the security forces of the Southern Darfur
state, pressing to have all detainees in the Security Forces Detention Center
formally charged and brought to a fair trial or otherwise immediately released.
The Observatory is concerned for his safety and fears that the arrest and
detention of Mr. Adel is based solely on his peaceful and legal human rights
activities.
More generally, the Observatory is deeply concerned by the measures taken by
the Sudanese authorities in order to silence accounts of grave human rights
violations occurring in Darfur. In this regard, the Observatory recalls that
Mr. Nour Eldin Mohamed Abdel Rahim, Omda (tribal leader) of Shoba, and Mr. Bahr
Eldin Abdallah Rifa, Omda of Jabal Si, both leaders from the Fur tribe, were
arrested by security officers on May 9, 2004 following their participation in a
meeting with local authorities and Red Cross representatives concerning human
rights violations in the Kabkabia region (see Urgent Appeal SDN 004/0504/OBS
036, May 17, 2004). The two have since been released.
In a previous event on May 5, Mr. Osman Abdel Mawla, a member of the Nyala
branch of the Sudan Social Development Organisation (SUDO), a voluntary
organisation created to promote sustainable development and human rights, was
arrested by Zalingy security forces (see Urgent Appeal SUD 003 / 0504 / OBS
035). He has also been released.
Additionally, Mr. Salih Mahmoud Osman, a member of the SOAT lawyers network
remains in detention since his arrest on February 1, 2004 and has not yet been
charged with any offence. Although the grounds for this arbitrary detention
remain unknown, there is reason to believe that his arrest and detention are
connected to his legal activities in the Darfur region (see Urgent Appeals SDN
002/0104/OBS 009, February 4, and SDN 002/0104/OBS 009.1, March 5, 2004).
Finally, Mr. Madawi Ibrahim Adam, Chairperson of the SUDO, was arrested on
December 28, 2003 (See Urgent Appeal SDN 001/0104/OBS 001, January 6, 2004),
and was charged on February 11, 2004 under the 1991 Penal, for undermining the
constitutional system (article 50), waging war against the State (article 51),
disclosure of military information (article 56), calling opposition to public
authority by use of violence or criminal force (article 63), and provoking
hatred against or among sects (article 64). He now faces the death penalty and
life imprisonment.
These facts contravene the provisions of the Declaration on Humans Rights
Defenders, adopted by the General Assembly of the United Nations on December 9,
1998, in particular articles 5.c which provides that “everybody has the right
[…] to communicate with non-governmental and intergovernmental organisations”
and 8.2 which provides that everyone has “the right, individually and in
association with others, to submit to governmental bodies and agencies and
organizations concerned with public affairs criticism and proposals for
improving their functioning and to draw attention to any aspect of their work
that may hinder or impede the promotion, protection and realization of human
rights and fundamental freedoms.”
Actions requested:
Please write to the Sudanese authorities and ask them to:
i. Ensure in all circumstances the physical and psychological integrity of Mr.
Adel Abdullah Nasir Aldeain Saeed;
ii. Order the immediate release of Mr. Adel and the detained human rights
defenders mentioned above, in the absence of valid legal charges against them,
or if legitimate charges exist, bring them before an impartial tribunal in the
shortest delay and guarantee their right to fair and impartial trials;
iii. Conform to 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", article 12§2 which provides that “[t]he State shall
take all necessary measures to ensure the protection by the competent
authorities of everyone, individually and 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” as
well as article 5.c and 8.2 mentioned above;
iv. ensure in all circumstances respect for human rights and fundamental
freedoms in accordance with 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 : + 249 11
783223
- Mr Ali Osman Yasin, Minister of Justice and Attorney General, Ministry of
Justice, Khartoum, Sudan. Fax : + 249 11 788941
- Mr Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of Foreign
Affairs, PO Box 873, Khartoum, Sudan, fax : + 249 11 779383
- Mr. Yasir Sid Ahmed, Advisory Council for Human Rights, PO Box 302 Khartoum,
Sudan. Fax: + 249 11 770883
- His Excellency Ambassador Ibrahim Mirghani Ibrahim, Permanent Mission of
Sudan to the United Nations in Geneva, Case Postal 335, 1211 Geneva 19, fax :
0041 (0) 22 731 26 56, email: mission.sudan@ties.itu.int.
Given the lack of working fax numbers for the government officials above,
please send the appeals by standard mail and also write to the embassies of
Sudan in your respective country.
SDN 005 / 0604 / OBS 047
Arbitrary arrest and detention
Sudan
Paris – Geneva, June 18, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in
your reply.
To contact the Observatory, call the emergency line:
E-mail: observatoire@iprolink.ch
Tel and fax FIDH 33 (0) 1 43 55 20 11 / 01 43 55 18 80
Tel and fax OMCT + 4122 809 49 39 / 41 22 809 49 29
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