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Sudan
1697. By letter dated 2 September 2002, the Special Rapporteur advised the Government that he had received information on the following individual cases.
1698. Sebit Hassan Ramada was reportedly arrested in July 2001 in Rodom, Southern Darfur. It was reported that he had been kept in incommunicado detention in Buram for 16 days during which he had allegedly been beaten.
1699. Haggar Sesingere was reportedly arrested in July 2001 in Rodom, Southern Darfur, and kept in incommunicado detention for six weeks. He was believed to have been beaten and to have had his fingernails pulled out while in custody.
1700. A group of 56 Christians, among which six women and three children, were reportedly given 15 to 20 lashes each after being convicted of public disorder in April 2001 in a trial in Khartoum at which they were allegedly refused legal representation. It was alleged that they had been arrested at a meeting in a church and that police had used tear gas and live ammunition to disperse the crowd gathered inside.
1701. Nagi Marghani Mohamed Salih, a 24-year-old student at Omdurman College of Technological Science and member of the Student Democratic Front, was reportedly arrested by the Security Forces on Khartoum on 2 March 2002. It was reported that he had been taken to the Security Forces’ offices near the Farough Cemetery (Maghabir Farough), where he was believed to have been beaten and threatened with rape with an empty bottle. As a result, he allegedly suffered from injuries on his ear, chest, back and legs. He was reportedly released on the same day.
1702. By letter dated 11 September sent jointly with the Special Rapporteur on violence against women, its causes and consequences, the Special Rapporteur advised the Government that he had received information on Alawiya Mohamed Abdullah, a woman from Kad al Haboub, Darfour province, who had reportedly been sentenced for adultery on 4 June 2002, which is said to be punished with execution by stoning or one hundred lashes The sentence was reportedly given and executed on the same day without allowing any opportunity for appeal and without any medical checks being carried out, despite the fact that Alawiya had allegedly recently given birth, was breast feeding, and was generally in a very poor state of health.
1703. By letter dated 17 October 2002, the Special Rapporteur reminded the Government of a number of cases transmitted in 1999, 2000 and 2001 regarding which no reply had been received.
Urgent appeals
1704. On 8 January 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteurs on extrajudicial, summary or arbitrary executions, on violence against women and on the situation of human rights in the Sudan on behalf of Abok Alfa Akok, an 18-year-old Dinka tribeswoman from Southern Darfur in Western Sudan, who had been sentenced to death by stoning for adultery. She was said to be pregnant at the time of her conviction and did not have legal representation during the trial. Reportedly, the trial was conducted in Arab, which is not her language. It was alleged that the sexual act this young woman is charged with was coerced.
1705. On 18 January 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteurs on extrajudicial, summary or arbitrary execution and on the human rights situation in the Sudan on behalf of Abdu Ismail Tong, a student from Guinea and Yousif Yaow Mombai from the Democratic Republic of Congo, both Christians, who had reportedly been sentenced on 12 December 2001 by the Criminal Court in Nyala City, Darfur, to amputation of the right hand after being convicted under Article 171 of 1991 Penal Code of “hidyha" theft (alsargha alhadiyha). On 25 December 2001, the Special Court in Alfahir City, reportedly sentenced Mohamed Adam Yahya and Ahmed Sulieman Mohamed to execution by hanging, in addition to amputation of the right hand after being convicted of armed robbery. On 27 December 2001, the same court is believed to have sentenced Adam Ibrahim Osman and Abd Allaha Ismail Ibrahim to cross amputation, i.e., amputation of right hand and left foot, after being convicted of banditry (armed robbery) and possession of unlicensed weapons under Articles 162 and 168b of the 1991 Penal Code, which states that the punishment for armed robbery is cross amputation. Implementation of the execution is waiting the approval of the Head of provincial judiciary.
1706. On 24 January 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on freedom of opinion and expression and the on the human rights situation in the Sudan and the Chairman-Rapporteur of the Working Group on arbitrary detention on behalf of Hassan Al Sayeir who had reportedly been arrested in Niyala city on 10 January 2002 by security forces. He was reportedly taken to a security forces’ detention centre where he has been denied any visit from his family and his lawyer. It is believed that he is asthmatic and requires medication. However, despite the families’ attempts to have it delivered to him, security forces are said to have refused to accept his medication. Ibrahim Albashier Musa, a student at the Niyala University and member of the Democratic Front of Sudanese Students (DFSS),
1707. a coalition of Democratic and Communist students, was reportedly arrested on 5 January 2001 by security forces in Niyala city. It is reported that he was then forced to return daily to the security offices for interrogation between 5 and 12 January, and reported that nearly daily he was subjected to various forms of illtreatment. On 12 Janurary, security forces are said to have arrested and detained him where he remained at the time of writing. Hussain Adam Suliman, a teacher at the Ed Da’ein Secondary School, was reportedly arrested on 5 January 2002, by security forces in Ed Da’ein City. It was believed that he remains in incommunicado detention in an undisclosed location. All three men were arrested by security forces for alledged involvement in the regiona l distribution of a public communiqué by the Communist Party, which condemned the government’s policy regarding famine issues and tribal conflict in the Darfur region.
1708. On 2 May 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the situation of human rights in the Sudan and the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of Mohamed Mahmoud and Abdel Galeel Osman, both aged 70, who were reportedly arrested on 20 April 2002 by members of the Security Forces in Gabra, Khartoum. While Mohamed Mahmoud was released on 23 April, Abdel Galeel Osman was said to continue to be held in incommunicado detention in an unknown location. On 21 April, Ahmed Sidahmed was reportedly arrested allegedly in connection with the politicial activities of his uncle, Mohamed Mahmoud.
1709. By the same urgent appeal, the Special Rapporteur sent a joint urgent appeal on behalf of Mahmoud Hashim Ahmed Ali who had reportedly been arrested in Aldouom on 20 April 2002 and was said to be held incommunicado in an unknown location.
1710. On 24 May, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteurs on the right to freedom of opinion and expression and on the situation of human rights in the Sudan on behalf of 25 students who are members of the African National Front (ANF), who had reportedly been arrested on 21 May 2002 by the security services in Khartoum. They were allegedly charged with several offences ranging from “war against the State” to sedition, breaching public peace and causing injuries. The students were apparently arrested for taking part in a celebration marking the anniversary of the establishment of the Southern People's Liberation Movement/Army (SPLM/A), the main political and armed opposition movement in southern Sudan. The celebration, which was reportedly peaceful, was organized by the ANF, a national association of students originating mainly from southern Sudan.
1711. By letter dated 18 June 2002, the Government transmitted a response of the Advisory Council on Human Rights, which inter alia stated that the organization of the demonstration mentioned in the Special Rapporteur’s letter had negative consequences on the unity, security and stability of the country. It also notified that criminal charges were brought against each of the 25 students in question. The accused were defended by lawyers and were allowed to see their families. The Advisory Council also informed that procedures were conducted under the direct supervision of the office of the Director General of Public prosecutions of the Ministry of Justice and assured that security organs and personnel were not involved in the process. Finally, the Advisory Council informed that the court sentenced the students on 4 June 2002 for violations of relevant provisions of the Penal Code. This ruling is subject to appeal.
1712. On 30 May 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteurs on the right to freedom of opinion and expression and on the situation of human rights in the Sudan and with the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of Yasir Ramadan, Abdullah Hamad and Adam Issa, three students and members of the Umma Party, who had reportedly been arrested by the security forces, on 16 May 2002 in Nyala. According to the information received, the three students were arrested while they were assisting Umma party and Ansar Sect students to establish a students union. They were reportedly being held incommunicado at an undisclosed location.
1713. On 13 June 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteurs on the right to freedom of opinion and expression and on the situation of human rights in the Sudan and the Chairman-Rapporteur of Working Group on Arbitrary Detention on behalf of the three following members of Organisatin of Islamic Call, Monazmat Aldawa Al Islamiya: Dr. Alamin Mohamed Osman, MDI Secretary General, who had reportedly been arrested in Almanshiya on 10 June. No charges have reportedly been brought against him. He is being held on suspicion of belonging to the banned People's National Congress (PNC), which was established during 2000 following a split in Sudan's ruling party in December 1999. Dr. Alamin is reportedly being detained at the Security Headquarter offices in Khartoum. Abd Alaziz Fadl Almuola, MDI Administrative Manager, was reportedly arrested on 10 June. Salah Babiker Asmali, MDI Finance Manager, was reportedly arrested on 11 June. Both men are thought to have been arrested on suspicion of belonging to the PNC and being supporters of Al Turabi. The whereabouts of both of these men remained unknown.
1714. On 24 June 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteurs on the right to freedom of opinion and expression and on the situation of human rights in the Sudan and the Chairman-Rapporteur on Working Group on Arbitrary Detention on behalf Professor El Amin Mohamed Osman, Secretary General of Aldawa Al Islamiya, Abdul Atiz,. Fadl El Mula, Mohamed Mumin, Salah Asmali, Doctor Issa Buhra, Halima Abdul Daym (f), Ismail Mustafa, and Mubarak, all senior staff members of Aldawa Al Islamiya. It was reported that Professor El Amin Mohamed Osman, Abdul Atiz. Fadl El Mula and Mohamed Mumin were arrested by the security services on 12 June 2002 and the rest of the above- named persons, on 17 June 2002. All of them were believed to be currently detained incommunicado. Professor El Amin Mohamed Osman, who is suffering from diabetes and hypertension, was reportedly not allowed to bring his medication to the place of detention. It was thought that Professor El Amin Mohamed Osman may be held at the security office in Khartoum North. Aldawa Al Islamiya is an international religious organization preaching the precepts of Islam and working on activities relating to charity, development and educational work. It was alleged that its staff members may have been arrested on suspicion of being closed to the Popular National Congress (PNC), which was banned in February 2001 by the government.
1715. On 26 June 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteurs on extrajudicial, summary or arbitrary executions, on the independence of judges and lawyers, and on the situation of human rights in the Sudan on behalf of 14 prisoners charged with armed robbery who had reportedly been sentenced to death by the Niyala Special Court No1. On 8 May 2002, five of the detainees, namely Mohamed Abakar Haroun, Khaleel Tahir Bashier, Adam Abd Allah Mohamed, Ahmed Jouma Mohamed and Habieb Ali Abd Algadir were reportedly sentenced to death by hanging with crucifixion by the Niyala Special Court. The other detainees, namely Adam Musa Biraima, Adam Alzain Ismail, Abd Allah Wadai, Mohamed Abd Alrasoul Thabit, Mohamed Abd Almahmoud Mohamed, Abd Allah Mukhtar, Hafiz Suliman Yahya, Hamad Mohamed Adam, and Dakhru Abd Allah Jouma, were all reportedly sentenced to death by hanging by the same Court. This judicial body, reportedly established in accordance with the 1998 State of Emergency Act by the Governors of Southern and Northern Dafour Provinces, deals with crimes of armed robbery, crimes against the state, as well as crimes relating to drugs and public nuisance. Lawyers are reportedly forbidden to stand before the Special Court and plaintiffs are given the right to appeal only when sentenced to death or amputation. Under such circumstances, the appeal must be made within seven days of the sentence to the District Chief of Justice, whose decision is final. Accordingly, the aforementioned prisoners did not benefit from legal representation during their respective trials. Their lawyers have reportedly launched an appeal with the District Chief of Justice whose outcome is still being awaited.
1716. On 23 July 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteurs on extrajudicial, summary or arbitrary executions, on the independence of judges and lawyers and on the situation of human rights in the Sudan on behalf of eighty-eight people who had been condemned to death by the “special” or “emergency” court in the city of Nyala on 17 July 2002. They reportedly were at imminent risk to be executed by hanging or crucifixion and had seven days to appeal to the Chief Justice of the Nyala District, southern Darfur Province, Western Sudan. These people were allegedly tried without proper legal representation. At least 35 of the detainees allegedly complained of being badly beaten with sticks, gun butts and hoses by police officers in Nyala in June. Their defence lawyers reportedly asked the court for medical examinations to be carried out on those who were allegedly tortured. This request was allegedly refused and on 2 July the defence lawyers reportedly withdrew from the court in protest at this decision. They were part of a group of at least 130, mostly from the Rizeigat community in southern Darfur, who had been arrested on 6 May. They were allegedly convicted of having participated in the recent clashes between the Rizeigat and the Maalyia ethnic groups in Al-Tabet, Southern Darfur.
1717. On 25 July 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteurs on the right to freedom of opinion and expression, on extrajudicial, summary or arbitrary executions and on the situation of human rights in the Sudan and the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of Salah Mohamed Abdel Raham, a community leader for the Rizeigat tribe involved in tribal peace initiatives (People to People Peace Dialogue), who had reportedly been he ld incommunicado by the security forces in Darfour since 9 July 2002. He was reportedly arrested because of his connection with 26 men detained after clashes between the Rizeigat and Ma'aliya tribes. He and the 26 other detainees, who are reportedly facing the death penalty, have since been transported to Port Sudan via Wad Meddani.
1718. On 26 August 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the situation of human rights in the Sudan and the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of Abdel Wahid Mohamed Ahmed Nour, Nafir El Din Tampour, Ahmed Ibrahim and 63 others who had allegedly been arrested between July and August 2002 in Zalingei, Tour and Nyartati in Western Darfur province, and Golou in Jebel Mara province. They were reportedly arrested following an attack by armed militia on the village of Tour, Western Darfur, in early July and accused of involvement in a new armed political group called the Darfur Liberation Front. It was believed that some had been tortured by the security forces and that they were being held in very poor conditions in Nyala. The whereabouts of Ahmed Ibrahim and 23 other persons were unknown. Eleven of the detainees were said to be seriously ill: Nafir El Din Tampour was reportedly arrested from his hospital bed where be he was being treated for kidney problems; Abdel Wahid Mohamed Ahmed Nour was said to have only has one lung.
1719. On 11 September 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the situation of human rights in the Sudan on behalf of Rehab Abdel Bagi Mohamed Ali (f) and Farid Abbas who had reportedly been arrested on 1 September 2002. No reasons were said to have been given for their arrests. The Sudanese Security Forces have reportedly refused to disclose their whereabouts. She was believed to be detained in the political section of the security forces' offices near Farouk cemetery in Khartoum.
1720. On 30 September 2002, the Special Rapporteur sent a joint urgent appeal with the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of Dawood Haroon, who had reportedly been arrested in June 2002 in Darfur province. He was said to be held incommunicado and without charge by the security forces in the town of Zalingei, Western Darfur. He was then reportedly transferred to a detention centre in the town of Nyerteitei, Western Darfur, before being transferred back to Zalingei. The Special Rapporteur welcomed the information according to which other individuals arrested at the same time as him were released. It was however alleged that some of them were tortured during their detention, while others are said to be suffering ill- health because of poor conditions of detention.
1721. On 29 October 2002, the Special Rapporteur sent a joint urgent appel with the Special Rapporteurs on the situation of human rights in the Sudan and on the right to freedom of opinion and expression and the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of Ahmed Isameldin, Amunel Ageigel, Mao Rominio, Yaser Mohamed Abdallah, Hisham Ali, Ahmed Al Amir Mohamed, Musaab Abulhassan, Talal Abdulrahman, Ahmed Al Azhari (AL-Zaeem), Yasir Mohamed Abdelrahman, Abdullah Hassan Gaafar, Digheim Osman, Mohamed Abdullah, Alrashir Tamim Al Dar, Mutasim Ahmed, Abbas El Jack, Abu Median Hamdan, Mahmoud Satti, El Naeim Ali, El Sahfie Ibrahim, Omer Hassan and Mohamed El Tayib, as well as a number of other students, who had reportedly been arrested by the security forces between 10 and 24 October 2002 and were said to be held at various security offices. Their arrests seemed to be connected with previous clashes between security officers and students at the University of Bahr-El-Ghazal after students attempted to celebrate the 38th anniversary of demonstrations against the military Government of General Abboud in October 1964. Alrashir Tamim Al Dar was reported to have lost consciousness after being beaten; Ahmed Al Amir Mohamed was said to have a bullet lodged in his right leg; and Mutasim Ahmed, in his shoulder.
1722. On 20 November 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteurs on extrajudicial, summary and arbitrary executions and on the situation of human rights in the Sudan on behalf Mohame d Ibrahim Abdallah, Sadul Adam Abdelrahman, Abdullah Rabhi, Mohamed Hamid Ahmed and Mohamed Issa Tiue, who were reportedly at imminent risk of crossamputation and execution by hanging. They were allegedly held in Kober prison in Khartoum. The Constitutional Court in Khartoum reportedly rejected their appeal. They had reportedly been found guilty of a bank robbery in Nyala in 1998 and sentenced on 18 March 1999. It was believed that they had been denied legal representation.
1723. On 22 November 2002, the Specia l Rapporteur sent a joint urgent appeals with the Special Rapporteur on the situation of human rights in the Sudan and Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of Garang Wek Atheny, Gabriel Akol Akol Kuc, Ajiing Lual Lual and Ahmad Labuo, and the following Dinka civil servants: Andrew Lual Buolo, Gabriel Lual Deng, Lino Garang Athian, Garang Mawien Angok and Gai Gai, who had reportedly been arrested on 20 October 2002 in Aweil, the capital of Northern Bahr al-Ghazal state. They were allegedly held incommunicado at the General Army Headquarters in Khartoum North.
1724. On 25 November 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteurs on the right to freedom of opinion and expression and on the situation of human rights in the Sudan and the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of 25 students of the University of Khartoum, at least 11 of whom had reportedly been arrested. On 12 November 2002, an Islamic student militia group said to support the Government, together with a new unit of armed security forces called the City War Forces raided sudent halls of residence on the campus of the Faculty of Education. These raides were reportedly in response to a student strike in protest against attacks on student demonstrators by security forceds on 22 October 2002 and against the baninig of Khartoum Univesrity Students Union (KUSU). Students were allegedly beaten at random with iron barrs, guns and iron chains. 14 were reportedly admitted to hospital, including Mujahid Yousif, Mohamed Ahmed Fadl Al Moula, Usma Al Amin Alrayah, Omar Abdelrahman, Musa Al Adam Alshiekh, Walid Alhaj Mustafa, Muhasab Anwar Muhasab, Alshafieh Alamin, Amar Abdelsalam, Alyaghout Issa, Osman Moahmed Osman, Abdelgadir Musa Mohamed, Awad Al Gied Moahmed and Mohamed Abdulla.
1725. By the same urgent appeal, the Special Rapporteur also intervened on behalf of 20 students who had reportedly been admitted to hospital after having been seriously injured after the same security unites had raided on 13 November 2002 student hostels at Shampat: Gorashi Hamid, Omar Osman, Fatah Alrahman Aldaw, Alamin Barkat, Gosai Osman, Husham Ahmed, Ahemd Izaldin, Yasir Jammied, Sohail Mohamed Osman, Faris Alhassan, Nusaiba Abdelrahim, Ahmed Ali Abdelrahman, Muhnad Abdelrahim, Ahmed Mohamed Osman, Yosif Moahmed Abdulla, Abdelrahman Shamo, Sami Mohamed Osman, Omar Alhozouli, Walid Atta and Altayib Abu Algasim. They were said to have been later arrested and taken to Omdurman East police station before being transferred to security forces offices in Al Sahafa East in Khartoum, where they were allegedly tortured. Some were allegedly taken to the offices of the District Attorney for Crimes aginst the State for interrogation.
1726. On 3 December 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteurs on violence agains women, its causes and consequences, on the situation of human rights in the Sudan and on the independence of judges and lawyers on behalf of 17 women from the village of Munwashi, in Darfour, Western Sudan, who had reportedly been accused of adultery between 12 and 20 November 2002. Apparently, the reason given for these charges was that they are all unmarried, but have given birth to babies who were between the ages of 6 and 18 months. Summary trials were reportedly held on 12, 14 and 20 November and the following women were sentenced to receive 100 lashes: Um Alnas Mohamed Ahmed, Hanan Abdulrahman Mohamed, Hagir Mohamed Ahmed, Nimat Abakr Abdelgadir, Rasha Bahr Aldin Adam, Fatima Abdulla Adam, Gada Mosa Hamid, Shamael Omar Fadl, Hawa Yousif Abdelgadir, Fathia Ahmed Abdulrahman, Laila Adam Siraj, Kaltoum Isam Adam, Rawda Abdelgabar Mohamed and Gadah Abdelgabar. The sentence was allegedly carried out the same day. The women had reportedly no opportunity to seek legal advice or to make appeals. No men have reportedly been charged in connection with the incidents. Zahra Hassan Ali, Asma Mohamed Ahmed and Zakia Altayeb had reportedly not yet been brought to court.
1727. On 4 December 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the situation of human rights in the Sudan and the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of the three following brothers: Al-Shafi' al-Tayeb Yusuf, Hashem al-Tayeb Yusuf and Khidder al-Tayeb Yusuf, who had reportedly been arrested on 29 November 2002 by members of the security in the Kalakla suburb of Khartoum looking for their brother Lenin al-Tayeb Yusuf, a student leaders of the Sudan Students’ Democratic Front. They were reportedly being denied access to lawyers and family members.
1728. By the same urgent appeal, the Special Rapporteur intervened on behalf of Mohamed Awad Abdalla and Hussam Aldin Yousif, who had reportedly been arrested by security officers on 13 November 2002 in the Shambat area. The men were reportedly first taken to offices belonging to the political section of the security forces near Maghabir Farough in Khartoum, and were later transferred to the Executive Security offices inside the building of the Army General Command Headquarters (Alghiyada Ala'amma). They were allegedly subjected to beatings with water hoses and whipped with “soots” (leather whips). Hussam Aldin Yousif was reportedly released on 26 November, after he allegedly signed a pledge promising not to get involved in any future demonstrations against the regime. Mohamed Awad Abdalla was reportedly transferred to Kober prison, where he remained in detention without charge or trial. On the same day, Ahmed Hussain was reportedly arrested from his hospital bed in Omdurman hospital, where he was receiving medical care after being injured during clashes between students and the police. He was reportedly released on 25 November.
1729. Finally, the Special Rapporteur intervened on behalf of Atif Alsouni who had reportedly been arrested on 22 November 2002 from the Alrank student association building in Abu Sie'ed, Omdurman. His whereabouts were said to be unknown. Omer-Al Farouk Omer Abdel Aziz was also reportedly arrested on 1st December 2002 from the campus of the University of Khartoum and was allegedly beaten upon arrest. His was said to be sick and to make daily use of medicines. His whereabouts were reprotedly unknown.
Observations
1730. The Special Rapporteur remains seriously concerned by the information he
brought to the attention of the Government, in particular through the sending of
urgent appeals, and regrets that he was not provided with any reply.
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This report has been published by Equipo Nizkor and Derechos Human Rights on August 2, 2005.