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Sudan Tribune

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Incommunicado Detention; Fear of Torture of HR Defenders in Nyala, Southern Darfur

SOAT

Sudan Organisation Against Torture

Human Rights Alert: 17 May 2006

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

At the NSB offices, Mr. Ali and Mr. Sharief were detained for thirteen hours in a cell in the NSB offices. Mr. Ali and Mr. Sharief were eventually released at 10pm on the same night, 15 May 2006. During the period of their detention, both men were neither questioned nor charged with an offence.

Mr. Ali’s family have confirmed when Mr. Ali returned home on the evening of his release, he was very ill. He suffered from abdominal pain, vomiting and dirraeher.

On 16 May 2006 in the early morning, Mr. Ali and Mr. Sharief were again summoned to security offices where they were arrested and remain in detention. Mr. Ali and Mr. Sharief have denied access to their family and to legal counsel. Security officers have also denied UNMIS access to Mr. Ali and Mr. Sharief.

No reason was given for the summoning and the subsequent arrest and incommunicado detention of Mr. Ali and Mr. Sharief. SOAT believes that Mr. Ali and Mr. Sharief were arrested solely for their activities as human rights defender s sand as lawyers.

SOAT is gravely concerned about the health and safety of Mr. Mossaad Mohamed Ali and Mr. Adam Mohammed Sharief and fears that they may be subjected to torture and ill treatment. SOAT calls upon the government of National Unity (GoNU) to immediately allow Mr. Ali and Mr. Sharief access to medical treatment, to legal counsel and to their family and to give assurances that the men will not be subjected to torture or ill treatment.

SOAT condemns the arbitrary use of power by the security forces in Darfur and ongoing arbitrary arrests, harassments and intimidation of human rights defenders in the region. SOAT calls on the government of Sudan to respect its obligations under the African Commission Principles on Freedom of Expression in Africa, African Charter on Human and Peoples Rights, which states under article 6 that “Every individual shall have the right to liberty and to the security of his person …in particular, no one may be arbitrarily arrested or detained”; as well as the UN Declaration on Human Rights Defenders which states under Article 5, “For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels:(a) To meet or assemble peacefully; (b) To form, join and participate in non-governmental organizations, associations or groups; (c) To communicate with non-governmental or intergovernmental organizations”

SOAT calls on the GoNU to put an end to the harassment and detention of human rights activists in Darfur and urges the Government of Sudan to:

– Order the immediate release of Mr. Mossaad Mohamed Ali and Adam Mohammed Sharief in the absence of valid legal charges or if legitimate charges exist, bring him before an impartial tribunal and guarantee procedural rights at all times;
– Allow Mr. Mossaad Mohamed Ali and Adam Mohammed Sharief immediate and unrestricted access to their family and any medical treatment that he may require;
– Take all necessary measures to ensure the physical and psychological integrity of Mr. Mossaad Mohamed Ali and Adam Mohammed Sharief;
– Ensure that Mr. Mossaad Mohamed Ali and Adam Mohammed Sharief have access to legal advice;
– Immediately cease its campaign of intimidation and harassment of human rights defenders and to respect international humanitarian law and to end impunity for crimes committed by the government security forces;
– Guarantee the respect of human rights and fundamental freedoms throughout the country in accordance with national laws, the National Interim Constitution and international human rights laws and standards

Sudan Organisation Against Torture (SOAT) is an independent non-governmental human rights organisation established in 1993 working in Sudan and UK and has members worldwide. SOAT primary objective is preventing torture and challenging impunity.

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