Arbitrary arrest; torture of Sudanese woman in Kosti

On 14 June 2006 at 04:00am, two armed men from the Police Investigation Force (PIF) in Elsnwse and Abutalib, Kosti, arrested Aisa Mohammed Elnaseem Eltahir (33 yrs), a housewife and mother of two children. Ms. Eltahir was arrested from her home and taken to Police custody centre in Tendelti city, 80 km from Kosti. �

At the police custody centre, Ms. Eltahir was questioned about the whereabouts of her uncle, Mr. Adam by an officer who introduced himself as Lieutenant Tamem. Ms. Eltahir informed the officer that she had no knowledge of her uncle’s whereabouts. At 10:00am on the same day of arrest, 14 June, Ms. Eltahir was transferred from police custody to the PIF offices, situated in a different section of the building by an officer from the PIF named as Officer Waleed.

Whilst in the PIF office, Ms. Eltahir was subjected to severe torture. PIF officers interrogated Ms. Eltahir and ordered her to confess that she had witnessed her uncle murder a stranger; the officers did not provide the name of the stranger, which Ms. Eltahir refused. Following Ms. Eltahir refusal to confess to the alleged murder, PIF officer Waleed and a second Officer named as Galal in the presence of Officer Elsanwse Abutalib and Officer Mohammed Dod tied her hands and legs. The officers then inserted a stick between her legs and used the stick to hang Ms. Eltahir upside down between two chairs. Ms. Eltahir was then blindfolded and the officers proceeded to lash her feet with a water hose pipe for approximately 30 minutes. Following the lashing, the officers’ untied Ms. Eltahir’s legs and ordered her to walk and jump, which she was unable to do due to the injuries on her feet sustained from the lashing.

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The officers then removed the blindfold, and ordered Ms. Eltahir again to confess to having witnessed her uncle commit murder. Again, Ms. Eltahir refused to confess. The officers then placed Ms. Eltahir on her back on the floor. Officer Galal then produced a bottle containing chilli sauce and threatened to pour the contents inside her genitals if she did not confess.

At 14:00pm, four hours after her transfer into PIF custody, the PIF officers took Ms. Eltahir back into police custody where she remained in detention.

On 15 June 2006, Ms. Eltahir was again transferred to the PIF office where she was again subjected to torture and threatened. The officers beat Ms. Eltahir’s back with a stick. On Friday, 16 June 2006, Ms Eltahir was released on bail.

On 17 June 2006, Ms. Eltahir’s husband took her to the Attorney General’s office in Kosti to file an assault complaint. The Attorney General’s office issued a Form 8 to Ms. Eltahir before referring her to Kosti hospital. At the hospital, the doctors confirmed that injuries on Ms. Eltahir’s hips, feet and back were consistent with severe lashing.�

SOAT’s Lawyers Network in Kosti is providing legal aid to Ms. Eltahir.

Background

The PIF in Kosti, White Nile State which is situated approximately 280 km south of Khartoum in line with other government forces across the country continues to use torture as a means of extracting confessions for alleged offences despite the Interim Constitution adopted on 9 July 2005 which explicitly prohibits torture, inhumane and degrading treatment. (Article 33)

On 7 November 2005, officers from the National Security Bureau (NSB) in Rabak city arrested Izdeen Hammed Adam Hassan, (24 yrs), computer technician from his workplace. Mr. Hassan was initially taken into Security custody in Kosti where he was detained for four days.� On 11 November 2005, Mr. Hassan was taken to Rabak police station where he was ordered by the investigative officer, Lieutenant Eisam to confess to charges of joining a money forgery gang. Mr. Hassan refused to confess.

Following Mr. Hassan’s refusal, he was transferred to a different section in the building and into the custody of the PIF where he was subjected to torture. Officers from the PIF removed all Mr. Hassan’s clothes, hit him in the face with their hands, and used a table to hang him by his feet. Whilst he was hanging by his feet, Mr. Hassan was lashed on his feet with a water hose pipe. Following the lashings, Mr. Hassan was hanged to the window bars in the room using handcuffs for approximately one hour until he fainted. On 12 November 2005 at 08.30am, Mr Hassan was again taken to the PIF office by police offices. PIF officers hanged him again by the window using handcuffs and ordered him to confess.��

At 12.00pm, police officers took Mr. Hassan before a judge in Rabak city to confess. At the hearing, Mr. Hassan informed the judge that he had been tortured by the PIF officers. The judge noted Mr. Hassan’s claims of torture and his injuries and refused to accept his confession. Following the judge’s refusal to accept Mr. Hassan’s confession, the police officers returned Mr. Hassan into police custody. At the police station, Mr. Hassan was notified by the investigating officer, Lieutenant Eisam that he would be taken before a different judge and that if he refused to confess again, that he would be tortured again.

On 13 November 2005, Mr. Hassan was taken before a different judge where he confessed to being a member of a money forgery gang. The details of the alleged perpetrators are as follows: Lieutenant Eisam from Rabak police station; Hassan, member of PIF Rabak; Badreldeen, member of PIF Rabak; and Yor, member of PIF Rabak.

SOAT strongly condemns the torture of Aisa Mohammed Elnaseem Eltahir and Izdeen Hammed Adam Hassan. SOAT calls on the government of Sudan to undertake an investigation into both incidents and into all incidents of torture which continue to be perpetrated across the Sudan by its security organs with impunity.

SOAT calls on the government to immediately undertake its responsibility to “guarantee, protect and implement” the Bill of Rights (Article 27 (2)) and to disseminate the Bill of Rights guaranteed by the Interim Constitution across the country and to its security apparatus including Article 33 of the Constitution which provides that “No person shall be subjected to torture or to cruel, inhuman or degrading treatment” and urges the government to abide by this anti-torture principle as enshrined in the Constitution.. In addition, SOAT calls on the government to undertake a comprehensive reform of its security organs as provided for in the Comprehensive Peace Agreement (CPA).

SOAT urges the government of Sudan to:

– Investigate the detention and torture of Aisa Mohammed Elnaseem Eltahir and Izdeen Hammed Adam Hassan and ensure that the perpetrators are brought to justice before an impartial tribunal;
– Put an end to the widespread resort to torture and extreme violence by its security organs as a means of extracting confession;
– Disband its various militia groups and to end impunity for crimes committed by the security forces and the various militia groupings affiliated to the government;
– Guarantee, protect and implement the Bill of Rights as enshrined in the Interim Constitution particularly ;
-Guarantee respect for human rights and fundamental freedoms, including freedom of association throughout Sudan in accordance with national laws and international human rights standards.

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