Death in detention of Mr. Mamadou Bakhoum_Risk of impunity

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Senegal.

Brief description of the situation

The International Secretariat of OMCT has been informed by the African Assembly for the Defense of Human Rights (Rencontre africaine pour la défense des droits de l’Homme, RADDHO), a member organisation of OMCT SOS-Torture Network, about the death in detention of Mr. Mamadou Bakhoum (32 years), at Karang gendarmerie station.

According to the information received, on 23 January 2009, around 9:00pm, Mr. Mamadou Bakhoum, suspected of drug trafficking, was arrested and brought to Karang gendarmerie station where he was interrogated before being placed under police custody in a security cell (commonly known as “death cell”). On 24 January 2009, Mr. Mamadou Bakhoum was brought to the hospital where he was declared dead.

According to the same information, the circumstances of his death remain unclear but according to testimonies, Mr. Mamadou Bakhoum would have been injured during his arrest and cries would have been heard during his interrogation.

The International Secretariat of OMCT expresses its concern with regard to the circumstances of the death of Mr. Mamadou Bakhoum while in police custody, in particular following other similar cases, some of which OMCT has denounced[1]. OMCT recalls that “ (…) no one shall be arbitrarily deprived of his life” and that “each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture” (art. 11 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment). OMCT urges the competent Senegalese authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the circumstances of this death, the result of which must be made public.

Action requested

Please write to the authorities of Senegal urging them to:

1. Guarantee a prompt, effective, thorough, independent and impartial investigation into the circumstances of the death of Mr. Mamadou Bakhoum, the result of which must be made public, in order to identify all those responsible, bring them to trial and apply the civil, penal and/or administrative sanctions as provided by law;
2. Guarantee adequate reparation to the victim’s family;
3. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Mr. Abdoulaye Wade, President of the Republic, Palais présidentiel, Avenue Leopold Sedar Senghor, BP 4026, Dakar, Senegal. Tel: 221 890 90 90. Fax: 221 823 28 40 / 221 821 86 60;
• Mr. Cheikh Aguibou Soumaré, Prime Minister, Cabinet du premier ministre, Bâtiment administratif BP 4029, Dakar, Senegal. Tel: 221 889 69 13 / 849 18 02 / 889 69 69; Fax: 221 823 44 79;
• Mr. Cheikh Tidiane Gadjo, Ministry of Foreign Affairs: Place de l'indépendance, Dakar, Senegal. Tél. : (221) 889 13 00 / 823 53 42 / 823 36 78; Fax: (221) 823 54 96 / 823 84 88 ;
• Me Madické Niang, Minister of Justice, Bâtiment Administratif BP 4030, Dakar, Senegal. Tel: 221 849 76 28 / 849 70 00 / 823 50 24 / Fax: 221 823 27 27;
• Mr. Cheikh Tidiane Sy, Ministre d'Etat, Ministre de l'Intérieur et des collectivités locales; Pl. Washington - Bd de la République BP 4002 ; Dakar, Senegal. Tel: 221 821 00 89 / 889 91 00 / Fax: 221 821 05 42;
• Mr. Abdoulaye Khouma, Commissaire aux Droits de l'Homme et à la Promotion de la Paix. BP. 4026 Dakar, Senegal. Tel: 00 221 880 82 05 / 849 72 52 / Fax: 00 221 821 50 11 / 821 86 60.

Please also write to the diplomatic representations of Senegal in your respective countries.

Geneva, 6 February 2009.

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