Chad
12.10.01
Urgent Interventions

Chad: arrest of Hamam Gongong, and the release of 12 members of his family

Case TCD 300801.1
Follow-up of Case TCD 300801
Releases / Risk of torture / Disproportionate prison sentences

Geneva, October 12th, 2001

The International Secretariat of OMCT has received new information regarding the following situation in Chad.

New information

The International Secretariat of the OMCT has been informed by a reliable source of the arrest of Hamam Gongong, and the release of 12 members of his family some of whom were tortured during their detention.

According to the information received, Hamam Gongong, who is suspected of having stolen a radio, two boxes of pharmaceutical products and a carpet, was reportedly arrested by the police in N’djamena on September 27th 2001. He is currently being detained incommunicado at the N’djamena Police Special Intervention Group’s (Peloton Spécial d’Intervention Rapide de la Gendarmerie) facilities, the conditions of detention of which are thought to be very poor. The Deputy-Commander of the Gendarmerie of Gounou-Gaya, Mahamat Chérif Haggar, is reportedly also in N’djamena and makes daily visits to the prison to threaten Hamam. Deputy-Commander Mahamat is reportedly close to Chadian President Idriss.

According to the information received, the twelve members of the Gongong family, who were arrested on July 22nd, 2001, in the wake of the theft, were released without being charged on September 9th 2001, following an intervention by the head of the Chadian Prosecution Department.

During their detention, Hamam Gongong’s mother and father (Mrs. Zara and Mr. Gongong) were severely beaten by Yacoub Abdou, acting on orders given by of Mahamat Chérif Haggar. Furthermore, Zara reportedly endured sexual assaults during this torture. Yacoub Abdou reportedly penetrated her vagina with a stick, telling her, “As you give birth to thieves, give me another”.

Concerning the items that Mahamat allegedly confiscated from the Gongong family, the head of the Chadian Prosecution Department has ordered that they be returned. However, Mahamat is still reportedly holding on to eight cattle. OMCT learnt that he confiscated the Gongong family’s possessions as retaliation of the theft, because it was committed in his younger brother’s shop.

According to the information received, another arrest and sentencing is linked with this case. Haidassou Fimbassou has been sentenced to 18 months imprisonment for having tried to sell the stolen items. Mahamat Chérif Haggar allegedly arrested him as he was riding on his bike on the Pont-Carol road carrying the stolen goods.

The International Secretariat the OMCT is gravely concerned about the treatment that Hamam could be subjected to during his detention, given the evidence of the use of torture by the policemen on his mother and father. Furthermore, OMCT condemns the use of arbitrary arrests, detention, confiscation of property and most notably torture, and deplores when this is done to further the perpetrators’ personal vendettas.



Brief reminder of the situation

According to the information received, on 22 July 2001, the Deputy-Commander of the Police in the Gounou-Gaya Region (formerly known as the Mayo-Kebbi prefecture) arbitrarily arrested, detained and carried out beatings upon the family members of a suspected thief.

According to the information received, the Deputy-Commander assaulted several members of the Gongong family, causing serious injury. In particular, Zara, Haman’s mother, had lost four of her teeth as a result of the beating.

The family members, 12 people all together, were arbitrarily held for 10 days at the police headquarters. On 2 August, they were transferred to the Gounou-Gaya prison, where they were held without trial until their release.

The Deputy-Commander also looted the Gongong family’s property, including eight cattle belonging to the father of the accused. The Deputy-Commander reportedly stated that he was taking the property as restitution for damages he had reportedly suffered.

Action Requested

Please write to the Chadian authorities urging them to:

i. take all necessary measures to guarantee the physical and psychological integrity of Hamam Gongong and Haidassou Fimbassou;

ii. put an immediate end to the persecution and harassment of Hamam Gongong and his family;

iii. intervene with the appropriate authorities in order to secure that reparation is provided to the members of the Gongong family who were arbitrarily arrested, detained and/or tortured;

iv. guarantee an immediate investigation into these arrests and acts of ill treatment and torture, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law

v. guarantee the respect of human rights and the fundamental freedoms in accordance with national laws and international human rights standards.

Addresses

· Mr IDRISS DEBY, Président de la République, Présidence de la République, B.P. 74 N'Djamena Tchad, Fax : (235) 51 45 01; Tél. (235) 51 44 37; Telex 5201 KD/ 5307 KD
· Mr NAGOUM YAMASSOUM, Premier Ministre, Primature N'Djamena – TCHAD, Fax (235) 52 20 89 Tél (235) 52 63 41 Telex 5351 KD
· Le Général de Brigade ROUTOUANG YOMA GOLONG, Ministre de la Justice, Garde des Sceaux, Ministère de la Justice BP. 426 N'Djaména - Tchad Tél./Fax (235) 52 21 39
· Mahamat Ahmat Choukou, Ministre de la Communication, Porte parole du Gouvernement, Ministère de la Communication N'Djaména Tchad, Fax (235) 52 60 94

Please also write to the embassies of Chad in your respective country.

Geneva, October 12th, 2001

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.