Follow-up of case SDN 140108_ Release of four Eritreans but risk of deportation remains for ten Ethiopians

Geneva, 30 January 2008

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information about the following situation in Sudan.

New Information

The International Secretariat of OMCT has been informed by the Sudan Organisation Against Torture (SOAT), a member of OMCT SOS-Torture network, that the four Eritreans, namely Mr. Marhui Gbryrham, Mr. Fitouy Fshai Yingbr Mikaeel, Mr. Dislby Tsfa Brhan Hagoss and Mr. Ablom tfisty gbry Slasy, were released on bail on 16 January 2008 from the Port Sudan State Prison and transferred to the Wad Shrifi refugee camp near Kassala. According to the information, there are no criminal proceedings against them but their current status remains unclear.

Furthermore, OMCT has been informed that four additional Ethiopians, namely Mr. Shibabaw Asefa (approximately 42-years-old), Mr. Achenef Alemu (63-years-old), Mr. Mamai Trunch (40-years-old) and Mr. Abebe Yigletu (age unknown), are detained in Kobar prison and may also risk deportation. According to the information received, Mr. Achenef Alemu was arrested in January 2007 and the other three were detained in July 2007. They were reportedly visited by relatives in prison but not by lawyers. All are reportedly Christians belonging to the Amhara ethnic group and all have reportedly refugee status in Sudan. Mr. Shibabaw Asefa and Mr. Mamai Trunch were reportedly previously detained and ill-treated in Ethiopia because of their political activities. They all reportedly fear that, if they are forcefully returned to Ethiopia, they could face torture and death because of their political backgrounds.

According to the same information, the six other Ethiopians, namely Mr. Haroun Idriss, Mr. Abdala Suliman, Mr. Badreldin Ali, Mr. Mohamed Amin Nardi, Mr. Ibrahim Atbana and Mr. Argana Slfim, were transferred from Dabak prison to Kobar prison on 15 January 2008 and have reportedly still no access to legal representation.

The International Secretariat of OMCT welcomes the release of the four Eritreans although it remains concerned as to their status. Furthermore, OMCT expresses its deep concern with regard to the physical and psychological integrity of the ten Ethiopians, who continue to be detained and who reportedly face high risk of torture if deported to their country. OMCT calls on the Sudanese Government to guarantee their integrity at all times. As a State party to the International Covenant on Civil and Political Rights (ICCPR), the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, and the African Union (AU) Convention Governing the Specific Aspects of Refugee Problems in Africa, Sudan is obliged not to forcibly return any individual to a country where he or she could face torture or other serious human rights violations.

Reminder of the situation

According to the information received, four Eritreans, namely Mr. Marhui Gbryrham, Mr. Fitouy Fshai Yingbr Mikaeel, Mr. Dislby Tsfa Brhan Hagoss and Mr. Ablom tfisty gbry Slasy, were reportedly held by the security forces in Eastern Sudan after apparently evading compulsory military service at home. They were reportedly arrested around 2 November 2007 at the Sudanese border and were allegedly held without charge under the National Security Forces Act of 1999 in Port Sudan State Prison. Members of SOAT’s network of lawyers in Sudan were reportedly denied access to them in detention. It is reported that there are high risks of lengthy detention and use of torture against individuals accused of skipping conscription in Eritrea.

According to the same information, six Ethiopians, namely Mr. Haroun Idriss (who suffers from irritable bowel syndrome), Mr. Abdala Suliman (who suffers from diabetes mellitus), Mr. Badreldin Ali (who suffers from rheumatism), Mr. Mohamed Amin Nardi (who suffers from diabetes mellitus, hypertension and a skin allergy), Mr. Ibrahim Atbana and Mr. Argana Slfim, were detained in Khartoum, reportedly in Dabak prison since 21 December 2007, under the National Security Forces Act after being arrested from their homes in July 2007. They were reportedly arrested along with three other individuals, namely Mr. Adam Pasilio, Mr. Minika Hailo and Mr. Faisal Mohamed Osman, who were reportedly deported to Ethiopia on 27 September 2007 according to a ruling by the Khartoum North Criminal Court after they apparently confessed to residing illegally in Sudan. They have reportedly since been detained by the Ethiopian authorities and held in an unknown location. According to the same information, members of this group had held refugee status in Sudan since 2004 and had permission to remain in the country, which was renewed periodically. They are Muslims belonging to the Oromo ethnic group. It is reported that there is a risk that any of them who are deported to Ethiopia could face death because of their past political activities.

Requested Action

Please write to the authorities in Sudan urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of the above mentioned individuals;
2. Guarantee immediate access to their lawyers, family and any medical assistance they may require;
3. Respect its international obligations not to forcibly return anyone to a country where they would be at risk of serious human rights violations such as torture;
4. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• His Excellency President Omar Hassan Ahmad al-Bashir, Office of the President, People’s Palace, PO Box 281, Khartoum, Sudan, Fax: +249 183 782541
• His Excellency Salva Kiir Mayardit, First Vice-President, People’s Palace, PO Box 281, Khartoum, Sudan, Fax: + 249 11 779977 / 771025
• His Excellency Ali Osman Mohamed Taha, Vice-President, People’s Palace, PO Box 281, Khartoum, Sudan, Fax: + 249 183 77 10 25
• Mr Muhammad Ali al-Maradhi, Minister of Justice and Attorney General, Ministry of Justice, PO Box 302,Khartoum, Sudan, Fax: +249 183 780796
• Mr Deng Alor, Minister of Foreign Affairs, Ministry of Foreign Affairs/External Relations, PO Box 873, Khartoum, Sudan, Fax: + 249 183 77 93 83
• Mr Al-Zubair Bashir Taha, Minister of Internal Affairs, Ministry of Interior, PO Box 873, Khartoum, Sudan, Fax: +249 183 779383
• Dr Abdelmuneim Osman Mohamed Taha, Advisory Council for Human Rights, Rapporteur, PO Box 302, Khartoum, Sudan, Fax: +249 183 77 08 83
• Permanent Mission of the Republic of Sudan to the United Nations in Geneva, Avenue Blanc 47, 1202 Geneva, Switzerland, Tel: +41 22 731 26 63, Fax: +41 22 731 26 56, Email: mission.sudan@bluewin.ch / mission.sudan@ties.itu.int
• The Embassy of Sudan in Brussels, Avenue F.D. Roosevelt 124, 1050 Brussels, Belgium. Tel.:0032 (2) 647 51 59 / 0032 (2) 647 94 94, Fax: 0032 (2) 648 34 99, Email: sudanbx@yahoo.com

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

Geneva, 30 January 2008

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