Harassment of Human Rights Defender in al Fashir

On 9 September 2006 at 12:15pm Mohamed Badawi Mohamed Badawi, human rights lawyer and coordinator of the Amel Centre for the Treatment and Rehabilitation of Victims of Torture in el Fashir was summoned to the office of the National Security in el Fashir. Mr. Badawi immediately reported to the Security Offices and remained there until 3.30pm when he was released without charge. Mr. Badawi was not interrogated but was ordered to report again to the offices the following day, 10 September 2006 at 9.15am.

Mr. Badawi reported to the National Security Offices in el Fashir at 9.15am on 10 September 2006 where he was held until 3pm. He was interrogated by Security Officers about the activities of the Amel Centre, the relationship between the Amel Centre and international organisations and the relationship between the Amel Centre and the Communist Party. He was released without charge.

Background

SOAT’s partner organisation in Sudan, the Amel Centre for the Treatment and Rehabilitation of Victims of Torture has offices in Khartoum, Nyala and el Fashir. The Amel Centre provides legal aid to victims of torture and sexual violence and represents individuals at risk of cruel, inhuman and degrading punishments including the death penalty and amputations.

SOAT notes with concern the pattern of harassment of human rights defenders that has emerged in Darfur and throughout Sudan over the past few months. The Amel centre has become a target for harassment and intimidation. Mr. Badawi is the ninth member of staff from the Amel centre to be summoned by the National Security Bureau (NSB) for interrogation since May 2006.

– On 27 July 2006, three members of staff at the Amel Centre for Treatment and Rehabilitation of Victims of Torture in Nyala, Mossaad Mohamed Ali (m) lawyer and Coordinator of the Center, Rasha Souraj (f) and Ebtisam Alsemani, (f) volunteer lawyers at the Center received a letter from the NSB notifying them that the Attorney General in Nyala had filed a case against them related to crimes 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 arrest upon completion of the police investigation. On 29 July 2006, the three 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 (f), volunteer lawyer at the Amel Center on offences under Part 5 (Offences against the State and Undermining the Constitutional Order) of the 1991 Penal code. The defendants have not been formally charged and have not received further information related to the case to date.

– On 9 July 2006, three officers from the NSB summoned Dr. Nagib Nagm Eldin, Director of the Amel Centre for Treatment and Rehabilitation of Victims of Torture in Khartoum. 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 where he was detained for nine hours. Dr. Nagib was questioned about reports issued by SOAT on events in Khartoum and in Southern towns in Sudan following the 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 informed that he was under investigation for offences under articles 66 (Publication of False news), 77 (Public Nuisance), 96 (Omission to produce document or deliver Statement) and 159 (Defamation) of the 1991 Penal Code and article 37 of the Press Act. Dr. Nagib has received no formal charges and no further information has been made available on the case.

– On 30 June 2006, the NSB summoned by telephone Dr. Mohamed Ahmed Abdullah, Medical Director at the Amel Centre in Nyala. Dr. Mohamed Ahmed 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. At 16:00 hrs, approximately 150 armed officers carrying heavy weapons surrounded the compound where the meeting was being held. 50 of the officers interrupted the meeting and announced that they had come to arrest Dr. Mohammed for attending an illegal meeting under State of Emergency rules. Dr. Mohamed Ahmed refused to leave with the officers and asked for an explanation as to why he was singled out for arrest. The officers responded that he is a representative of the Fur tribe and accused him of being opposed to the DPA. The Army officers eventually left the meeting without arresting Dr. Mohamed Ahmed following the intervention of Omar Fur.

– On 15 May 2006 at 09.30am, the National Security Bureau (NSB) in Nyala summoned for questioning Mossaad Mohamed Ali, lawyer and Coordinator of the Amel Centre in Nyala and Adam Mohammed Shareif, member of the Amel network of lawyers in Nyala. Mr. Ali and Mr. Shareif were detained for thirteen hours in a cell in the NSB offices. Neither of the men were questioned or charged with an offence. Both men were ordered to report to the NSB offices the following day, 16 May 2006. Mr. Shareif was released and ordered to report to the NSB offices on a daily basis until 19 May 2006. Mr Ali was detained on 16 May 2006 following reporting to the NSB offices and was held incommunicado until he was released without charge on 23 May 2006.

SOAT strongly condemns the pattern of harassment and intimidation of human rights defenders working in Darfur and throughout Sudan. The strategy of repeated harassment, summoning and interrogation is clearly intended to intimidate human rights defenders and to prevent them from carrying out their work.

SOAT calls on the government of Sudan to respect its obligations under the African Commission Principles on Freedom of Expression in Africa and the African Charter on Human and Peoples Rights, which provides 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” (article 6); as well as the UN Declaration on Human Rights Defenders which provides that “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 (article 5)”.

SOAT calls on the government of Sudan to:

– Immediately cease its campaign of intimidation and harassment of human rights defenders in Darfur;
– Adhere to it’s commitments enshrined in Interim National Constitution of the Republic of the Sudan, 2005 which guarantees ‘Freedom of Expression’ (article 39) and ‘Freedom of Assembly and Association’ (article 40).
– 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:

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