Arbitrary detention of 13 defenders

SDN001 / 0712 / OBS 070

Arbitrary detention /

Fear of torture and ill-treatment

Sudan

July18, 2012

The Observatory for the Protection of Human RightsDefenders, a joint programme of the International Federation for Human Rights(FIDH) and the World Organisation Against Torture (OMCT), requests your urgentintervention in the following situation in Sudan.

Description of the situation:

The Observatory has been informed by the AfricanCentre For Justice and Peace Studies abouta wave of arbitrary arrests and incommunicado detention targeting human rightsdefenders, including, Mr. Mohamed Salah Mohamed, President of the Nubian Students Association, which works in favour ofequal rights for all Sudanese, of the right to represent the Nubian culture andagainst linguistic and ethnic discrimination, as well as Mr. Mohamed Al-Usbat, journalist andactivist, Ms. Nahid Gabralla, women’s rights activist, member of Sima Organisation for Child Rights,Ms. Amira Osman,women’s rights activist, member of “No to Women's Oppression”, Mr. Faisal Shabou, women’s rightsactivist, member of Sima Organisation for Child Rights, Ms. Rashida Shams, member of Girifna[1] and member of “No to Women's Oppression”, Mr. Tarig El Sheikh, lawyer, member ofDarfur Bar Association, Ms. Marwa el Tigany, journalist and human rights defender, Mr. AlSaid Mustafa, Chairperson of Al Shiroog CulturalForum, Mr. Ramzi Yahia,lawyer, affiliate of Al Shiroog Cultural Forum, Mr. AbdulgadirMahmoud, affiliate of Al Shiroog Cultural Forum,Messrs. Radwan Daoud,and Widad Dirwish,members of Girifna.

According to the information received, between June 23and July 12, 2012, the authorities launched a campaign of arrest targetingdozens of human rights defenders, in the context of popular mass protestscalling for regime change, peace and justice. While some defenders have beenreleased, at least 13 remain in detention, some incommunicado, at the NationalIntelligence and Security Services (NISS) premises in Khartoum. Few have beencharged.

Among them, Mr. Mohamed Salah, who was arrested on June 24, 2012 by the NISS, in Al Rayad area in Khartoumstate, after engaging in a public speech encouraging students to use theirright to peaceful protest. The NISS initially refused to disclose thewhereabouts of Mr. Mohamed Salah to his relatives, and subsequently rejectedtheir visit request without any explanation. The NISS finally authorised themto visit him but only for ten minutes on July 14, 2012 in Kober prison,Khartoum North, but ordered them not to inquire about his conditions ofdetention. During the visit, Mr. Salah was shivering, his forehead was bruisedand the colour of his skin was altered. In addition, Mr. Salah informed hisfamily that he had no access to clean water in spite of a chronic kidneydisease. The NISS has also denied Mr. Salah any access to legal assistance andto a meeting with a lawyer.

Two of the 13 defenders were charged. Indeed, Messrs.Radwan Daoud and Widad Dirwish were charged under Articles 63 (calling foropposition to public authority by use of violence or criminal force) 65(criminal and terrorist organisations), 67 (rioting), 69 (disturbance of publicpeace), 71 (polluting the environment) and 72 (exposing ways and means oftransport and communication to danger) of the Criminal Code 1991.

The other eleven human right defenders remain incustody without charges. No information could be obtained regarding theirconditions of detention.

The Observatory expresses it deepest concern about thearbitrary detention the 13 human rights defenders and fears for their physical and psychological integrity,particularly in the current context of widespread torture and ill-treatment andof arbitrary and incommunicado detention of activists in Sudan. The Observatorytherefore calls upon the authorities to guarantee in all circumstances theirphysical and psychological integrity and release them immediately andunconditionally, as their detention seems to merely aim at sanctioning theirhuman rights activities and the legitimate exercise of their right to freedomof expression as protected by Article 19 of the International Covenant on Civiland Political Rights.

Actions requested:

The Observatory urges the authorities of Sudan to:

i. Guarantee in allcircumstances the physical and psychological integrity of the 13 human rightsdefenders mentioned above, as well as of allhuman rights defenders in Sudan;

ii. Put an end to any kind of harassment, including at the judicial level,against the 13human rights defenders mentioned above,as well as of all human rights defenders in Sudan, and ensure in allcircumstances that they are able to carry out their activities withouthindrances;

iii. Release the13 human rights defenders mentioned aboveimmediately and unconditionally as their detention is arbitrary since it onlyaims at sanctioning their human rights activities;

iv. Conform in any circumstances with the provisions of the UN Declarationon Human Rights Defenders, in particular its Article 1, which states that“everyone has the right, individually or in association with others, to promotethe protection and realization of human rights and fundamental freedoms at thenational and international levels”, and its article 12.2 which provides that“the State shall take all necessary measures to ensure the protection by thecompetent authorities of everyone, individually and in association with others,against any violence, threats, retaliation, de facto or de jure adversediscrimination, pressure or any other arbitrary action as a consequence of hisor her legitimate exercise of the rights referred to in the presentDeclaration”;

v. Ensure in all circumstances respect for human rights and fundamentalfreedoms in accordance with international human rights standards andinternational instruments ratified by Sudan.

Addresses:

· Mr. President OmarHassan Ahmad al-Bashir, Office of the President, People’s Palace, PO Box 281,Khartoum, Sudan, Fax: + 249 183 783223

· Mr. Mohammed BousharaDossa, Minister of Justice, Ministry of Justice, PO Box 302, Khartoum, Sudan;Fax: 249 183 764 168 / +249 183 770 883; Email: moj@moj.gov.sd

· Mr. Ali Ahmed Karti,Minister of Foreign Affairs, Ministry of Foreign Affairs/External Relations, POBox 873, Khartoum, Sudan, Fax: 249183772941

· Mr. Ibrahim MahmoudAhmed, Minister of Internal Affairs, Ministry of Interior, PO Box 873,Khartoum, Sudan, Fax: +249 183 779383 / +249 183 776 554; Email: ministry@mfa.gov.sd

· Advisory Council forHuman Rights, Rapporteur, PO Box 302, Khartoum, Sudan, Fax: +249 183 77 08 83

· Permanent Mission of theRepublic of Sudan to the United Nations in Geneva, Avenue Blanc 51-53 (3rdFloor), 1202 Geneva, Switzerland, Tel: +41 22 731 26 63, Fax: +41 22 731 26 56/ +41 22 716 19 70, Email: mission.sudan@bluewin.ch

· Embassy of Sudan inBrussels, Avenue F.D. Roosevelt 124, 1050 Brussels, Belgium. Tel.:0032 (2) 64751 59 / 0032 (2) 647 94 94, Fax: 0032 (2) 648 34 99, Email: sudanbx@yahoo.com

Please also write to diplomatic representations ofSudan in your respective countries.

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Paris-Geneva, July 18, 2012

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

TheObservatory, a FIDH and OMCT venture, is dedicated to the protection of HumanRights Defenders and aims to offer them concrete support in their time of need.

Tocontact the Observatory, call the emergency line:

• E-mail: Appeals@fidh-omct.org

· Tel and fax FIDH + 33(0) 1 43 55 25 18 / +33 1 43 55 18 80

• Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

[1] Girifna, which means «we are fed up», is a youth group created before thegeneral elections to encourage civic participation, voter education andpromotion of social change and democracy through peaceful actions.