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Darfur displaced arrested, tortured following anti-peace demonstrations

SOAT

Sudan Organisation Against Torture

Human Rights Alert: 30 May 2006

Arrests; Arbitrary Detention; Torture of IDPs following demonstrations in Darfur

On 29 May 2006, security forces and central reserve police officers opened live ammunition on a demonstrating crowd inside Otash IDP camp killing 1 person, Mr. Ali Musa Issa and wounding three others. The IDPs were protesting against the recently signed Darfur Peace Agreement (DPA) between the government of Sudan and a faction of the Sudan Liberation Army. The DPA has yet to be signed by all parties to the conflict. The officers beat the IDPs and arrested four persons. The details of the persons injured and arrested are as follows:

1. Abdella Ahmed Abdella, (30 yrs), Fur tribe

2. Ibrahim Abdella Sideeg, (32 yrs), Fur tribe

3. Ahmed Mohamed Adam, (48 yrs), Fur tribe

In a separate incident, on 29 May 2006, the security forces and police officers in Nyala, Southern Darfur arrested tens of IDPs including women from Kalma IDP camp. The IDPs were arrested after holding a demonstration against the DPA. During the demonstration, the IDPs attempted to present a memorandum to the UN office in Nyala highlighting their concerns. On their way to the UN offices, security officers attacked the demonstrators. The officers beat the demonstrators with sticks and arrested scores of several of the demonstrators. Twenty-one of� the detainees were taken to Nyala Wasat police station where they were charged with offences under article 50 (Undermining the Constitutional System) and 51 (Waging War against the State).� An unknown number of demonstrators are being remain in Security custody and are facing no charges. The details of the persons in Nyala Wasat police station are as follows:

1- Ibrahim Sideeg Ali
2- Halima Adam Ibrahim (W)
3- Yagoub Ismaeal Mohamed
4- Ismaeal Adam Ismaeal
5- Abdel Mounim Mohamed Khamees
6- Fatima Adam Issa (W)
7- Hawa Shogar Ibrahim (W)
8- Zahra Abdella Ahmed (W)
9- Halima Musa Ateam (W)
10- Hawa Khamees Mohamed (W)
11- Fatima Ishag Idrees (W)
12- Halima Abdel Shafi Haroun (W)
13- Hawa Adam Ali (W)
14- Abdel Majeed Ahmed Ishag
15- Telfi Hassan Karam
16- Ahmed Joumma Salih
17- Ali Abdel Rahman Abdel Mawala
18- Hamid Issa Haroun
19- Hussain Abaker Osher
20- Alsayid Soulieman Musa
Kaltoum Abel Kareem Abdella (W)

SOAT strongly condemns the excessive use of force by the government security forces and calls on the government to acknowledge the major causes of this demonstration and to respond accordingly through raising awareness of the provisions contained in the DPA. The DPA includes many positive elements which once communicated to the wider public in the region will ensure a stable and secure environment for all Darfurians. Most importantly, it acknowledges the harm caused to the people of Darfur particularly women and children as a result of the conflict and notes that the first step for implementing the DPA is in addressing the “needs of the war affected areas, with special attention to displaced and war-affected persons” (article 108). In addressing these needs, the peace agreement creates the framework for several new institutions and restructuring of existing institutions to ensure a representative government as well as the provision of adequate compensation for the civilian population.

Nonetheless, the rights to freedom of peaceful assembly and association are guaranteed by international human rights law. Article 20 of the Universal Declaration states, “Everyone has the right to freedom of peaceful assembly and association.” Article 21 of the Civil and Political Covenant secures the right to peaceful assembly and Article 22 protects freedom of association.

International standards for the use of force by law enforcement officials as set forth in the Code of Conduct for Law Enforcement Officials, adopted by General Assembly resolution 34/169 of 17 December 1979 provides under Article 2 that, “in the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.” Commentary (b) to Article 3 proclaims, “In no case should this provision be interpreted to authorize the use of force which is disproportionate to the legitimate objective to be achieved.”

In light of the ongoing instability and the inability of the AU troops in the region to provide effective protection of the civilian population in Darfur, SOAT calls on the UN to immediately undertake its primary duty, that of the responsibility to protect. SOAT calls on the government to immediately accept without reservations the UN Assessment mission to Darfur with a view of the UN takeover of the AMIS mission in the region.

SOAT calls on the Government of Sudan to:

– Immediately establish an independent, impartial commission of inquiry into the killing and to bring those who used and ordered excessive force against civilians to justice;
– Order the immediately release all the detainees in the absence of valid legal charges, or if legitimate charges exist, bring them before an impartial tribunal and guarantee procedural rights at all times;
– Take all necessary measures to ensure the physical and psychological integrity of all the detainees;
– Allow proper research, discussion and dissemination of information on issues related to freedom of expression including freedom of association;
– End impunity for crimes committed by government forces;
Guarantee respect for human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

SOAT is an international human rights organisation established in the UK in 1993. If you have any questions about this or any other SOAT information, please contact us:

Argo House ,
Kilburn Park Road –
London NW6 5LF, UK
– Tel: +44 (0)20 7625 8055
– Fax: +44 (0)20 7372 2656
– E-mail: [email protected]
– Website: www.soatsudan.org

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