Attorney General investigates Human Rights defenders in Nyala

On 27 July 2006, three members of staff of the Amel Centre for Treatment and Rehabilitation of Victims of Torture, SOAT partner organisation in Nyala, Mossaad Mohamed Ali, lawyer and Coordinator of the Center, Rasha Souraj, (W), and Ebtisam Alsemani, (W) volunteer lawyers at the Center received a letter from the National Security Bureau (NSB) notifying them that the Attorney General in Nyala has filed a case against them for offences against the state. The letter accused the defendants of sending false reports and disclosing information of military nature. The letter further warned the defendants that the case has been passed to the police and that they were likely to face arrests upon completion of the police investigation.

On 29 July 2006, the defendants received an official order from the Attorney General’s office directing them to attend an interrogation at the Attorney General’s office on 30 July 2006 with their colleague Najat DafaAlla (W), volunteer lawyer at the Amel Center on offences under Part 5 (Offences against the State and Undermining the Constitutional Order) of the 1991 Sudanese Penal code. On receiving the orders, the defendants on the same day, 29 July 2006 submitted a formal request to the Attorney General to defer the interrogation until 31 July 2006 to allow the defendants time to prepare a defence. The request was accepted.

On 31 July 2006, the defendants attended the office of the Attorney General as agreed.? When they arrived, the security officers informed Mossaad Mohammed Ali and Ms. Naja DafaAlla to come back on 1 August 2006 and for Ms. Rasha Souraj to return on 2 August 2006.

On 1 August 2006, Mr. Mossad and Ms. Najat reported to the security offices where they were separated and interrogated by a police officer for approximately 30 to 35 minutes. They were interrogated on events in Otash camp following the signing of the Darfur Peace Agreement in May 2006 and accused of spreading false information and of being a threat to public security. Before their release, Mr. Mossaad and Ms. Najat were informed by the police officer that the police service will evaluate the facts and then they will refer the case to the Attorney General to bring the case to the courts.

Ms. Ebtisam Alsemani is currently in Khartoum and will be interrogated upon her return to Nyala.

Background

On 30 and 31 May 2006, an Omda of Otash internally displaced camp reported to the Amel Center the arrest by security officers of five IDPs from the camp after the IDPs participated in a demonstration against the DPA. Following the report, the volunteer lawyers in the Center submitted an application on 3 June to the ?Security Committee’ requesting information on the detainees and their whereabouts. The letter also urged the Committee to release the detainees in the absence of valid charges or if valid charges exist, for them to be charged. The Security Committee is headed by the Governor of Southern Darfur State (Wali) and made up of representatives from the Attorney General’s office, the NSB, the Police Forces and the Armed Forces. The lawyers have yet to receive a response form the Committee. However the lawyers learned through their own research that the men had initially been detained at Nyala Wasat police station and charged with article 51 (Waging war against the State). On 6 June 2006, the detainees were transferred to Nyala prison. On 11 July 2006, the detainees were released on bail.

On 27 July 2006, the NSB issued an official letter the Attorney General in Nyala requesting his office to open a case against the lawyers representing the above defendants on charges of spreading false information and being a threat to public security.

SOAT believes the defendants are being investigated solely for their work in defending the rights of the large internally displaced population in Darfur. In addition, SOAT notes with concern the failure to follow internationally recognised procedures pertaining to criminal investigations, namely that a decision to prosecute is to be made by the police. 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 against 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, UK
– Tel: +44 (0)20 7625 8055
– Fax: +44 (0)20 7372 2656
– E-mail: [email protected]– Website: www.soatsudan.org