Arbitrary arrest and detention of Human Rights Defender

On 09 July 2006, three officers form the National Security Bureau (NSB) summoned Dr. Nagib Nagm Eldine, medical physician and Director of Amel Centre for Treatment and Rehabilitation of Victims of Torture, SOAT partner organisation in Sudan. Dr. Nagib was arrested from his home at 09:30am and taken to the office of the Attorney for Crimes against the State in Khartoum and detained in a room.

At 17:00hrs, a police officer came to the room and began to interrogate Dr. Nagib. Dr. Nagib was questioned about reports issued by SOAT on events in Khartoum and in Southern towns in Sudan following the sudden death of the First Vice President Dr. John Garang de Mabior in a helicopter crash on 1 August 2005. Dr. Nagib was specifically questioned about the summary trials of the hundreds of persons arrested during the widespread riots which took place. The security officers also accused Dr. Nagib of providing the information to SOAT.

Dr. Nagib was eventually released on bail at 19:00pm, nine hours after his arriving at the Attorney for Crimes against the State.? Dr. Nagib was informed that he was being investigated for offences under article 66 (Publication of False news), 77 (Public Nuisance), 96 (Omission to produce document or deliver Statement), article 159 (Defamation) of the 1991 Sudanese Penal Code and article 37 of the Press Act.

Background

On 6 October 2005,? Aladwaa, an Arabic Daily Newspaper announced that SOAT ?and its Director was under investigation for its reporting of events in Khartoum and in other Southern towns in Sudan in the days following the death Dr Garang.??

Reportedly, Sudan’s Bureau of Crimes against the State began proceedings against SOAT and his Director, Osman Hummaida under articles 59 (Disclosure of Military Information), 66 (Propagation of False news), 69 (Breach of Public Peace), 77 (Public Nuisance) of the 1991 Sudanese Penal Code. The investigation into SOAT was reportedly launched at the end of August 2005 following an application to the Bureau by Salah Siralkhatin on behalf of the Chief Justice.? SOAT has yet to be formerly informed of the investigation or charge with any official offences. Reportedly, an investigative officer has been assigned to the case and the investigation is ongoing. Details of the alert can be found on SOAT’s website www.soatsudan.org

SOAT is gravely concerned about the targeting of staff and members of its partner organisations in Sudan.

On 30 June 2006, at 13:40pm officers from the NSB called the mobile of Dr. Mohammed Ahmed Abdullah summoning him to their offices in Nyala.? Dr. Mohammed responded that he was due to participate in meeting on the Darfur Peace Agreement (DPA) for the Fur tribe hosted by Omar Fur, Minister of Agriculture in Darfur State, (SPLM) and that he would report to the NSB office after the meeting.

As the meeting which was being held at the Agricultural Ministry gardens was underway at 16:00 hrs, approximately 150 armed officers carrying heavy weapons surrounded the compound. 50 of the officers interrupted the meeting and announced that they had come to arrest Dr. Mohammed for attending an illegal meeting under the State of Emergency rules.

Dr. Mohammed refused to go to them on the grounds that there were other participants and asked for an explanation for why he was being targeted. The officers responded that he was a representative of the Fur tribe and was accused him of being opposed to the DPA. The Army officers eventually left the meeting without Dr. Mohammed following the intervention of Omar Fur.

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

At the NSB offices, Mr. Ali and Mr. Shareif were detained for thirteen hours in a cell in the NSB offices. Mr. Ali and Mr. Shareif 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.

On 16 May 2006 in the early morning, Mr. Ali and Mr. Shareif were again summoned to security offices where they were arrested and detained. Mr. Ali and Mr. Shareif were denied access to their families and to legal counsel.? Security officers also denied UNMIS access to Mr. Ali and Mr. Shareif. Mr. Adam was released on the same day 16 May 2005 and was told to report to the security officers on a daily basis. Mr. Ali was released on 23 May 2006 without charges.

On 10 March 2006, officers from Military Intelligence in Toker, Eastern Sudan arrested Hussain Osman Mohamed Ismail, also known as Hussain Zikir, (32 yrs), lives in Daim Alnour, Port Sudan, student and a human rights defender and a member of SOAT network of Students. Mr. Ismail went to Toker on 6 March 2006 to investigate reports of human rights abuses. Mr. Ismail whereabouts was unknown until his release on March 18 2006. Mr. Ismail has informed SOAT that he was transferred from Toker into security custody in Port Sudan in the late hours of 12 March 2006. Whilst in security custody, Mr. Ismail was interrogated about his human rights activities, and told that Toker was an emergency zone, which required him to have permission before visiting the area. He was also informed that as a human rights defender, he was no longer classified as an ordinary citizen.

On 15 March 2006, officers from the NSB in Port Sudan, Eastern Sudan summoned Hassan Altaieb, lawyer and SOAT monitor in Port Sudan to their offices for questioning about the Khartoum Centre for Human Rights and Environmental Development (KCHRED) and Amel Center in collaboration with SOAT organised nationwide campaign for the ratification of CEDAW by the government of Sudan. Following two hours of questioning, security officers informed Mr. Altieb that they were cancelling the event and released him. No reason was given for the cancellation.

SOAT is gravely concerned about the ongoing arbitrary arrests, harassments and intimidation of human rights defenders in the Darfur, particularly those associated with SOAT.

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 recalls the Interim National Constitution of the Republic of the Sudan, 2005 which guarantees ?Freedom of Expression’ (article 39), ?Freedom of Assembly and Association’ (article 40)

SOAT calls on the government to immediately put an end to the harassments, intimidations, and threats of reprisals of human rights activists in Sudan particularly in Darfur and urges the Government of Sudan to:

– Bring all valid legal charges against human rights activists and organisations which may be on record before an impartial tribunal and guarantee procedural rights at all times;
– Immediately cease its campaign of intimidation and harassment of human rights defenders and to respect international humanitarian law;
– 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.

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,
– Tel: +44 (0)20 7625 8055
– Fax: +44 (0)20 7372 2656
– E-mail: [email protected]
– Website: www.soatsudan.org