Judicial harassment against 5 defenders working at TRACKs and the Director of ZORD

SDN 001 / 1016 / OBS 084

Judicialharassment/

Arbitrary detention /

Ill-treatment in detention /

Death penalty

Sudan

October 5, 2016

TheObservatory for the Protection of Human Rights Defenders, a partnership of FIDHand the World Organisation Against Torture (OMCT), requests your urgentintervention in the following situation in Sudan.

Description of the situation:

TheObservatory has been informed by reliable sources about the judicial harassmentagainst five human right defenders working at the Centre for Training and HumanDevelopment in Sudan (TRACKs)[1],namely Mr. Al Hassan Kheiry, a computer technician,Mrs. Arwa Elrabie, theAdministration Manager, Ms. Imani-Leyla Raye, a student volunteer, Mr. Khalafalla Al-Afif Mukhtar, theDirector, and Mr. Midhat A Hamdan, atrainer, as well as against the Director of Zarqa Organisation for RuralDevelopment (ZORD) who had delivered training for TRACKs, Mr. Mustafa Adam, aswell as the arbitrary detention of the last three (see background information).

Accordingto the information received, on September 22 and 29, 2016, the six human rightsdefenders were heard before the Khartoum Central Criminal Court for chargesunder the 1991 Criminal Act of “undermining the constitutional system” (Article50), “waging war against the State (Article 51), “espionage” (Article 53),“criminal and terrorist organisation” (Article 65). Such offences areclassified as crimes against the State and carry the death penalty. MessrsMidhat A Hamdan and Mustafa Adam are also facing charges under Article 14 ofthe Information Crime Law.These charges relate to accusations of producing, setting, sending, storing orpromoting indecent content through internet, computer or alike that affectpublic order or morals. They carry sentences of imprisonment up to seven yearsand a fine.

Duringboth the hearings, the Prosecutor showed a number of personal pictures andmaterials found on the laptops of the defendants[2],although completelyirrelevant to the charges and in blatant breach of their right to privacy andproperty. The Observatory fears that these were shown in an attempt to questionthe morality of the defendants. Furthermore, the Prosecutor claimedTRACKs’ activities were used to carry on the work of the Al-khatim Aldan Centerfor Enlightenment (KACE)[3]despite being shut down by the authorities in 2012.

The prosecutor also claimed that TRACKs wasoperating without being registered as a training centre, since their licenceended on March 27, 2015. However, TRACKs’ application to renew their licence indue time, which included the payment of registration fees to the NationalCentre for Training, has been delayed by the authorities due to “internalissues”. The status of their application is therefore still pending, whichnonetheless enables TRACKs to legally operate under Sudanese legislation.

The hearing of September 29, which started withtwo hours delay due to the late arrival of both Prosecutor and Investigator,was eventually suspended due to a power cut. The next hearing isscheduled to take place on October 6, 2016.

The Observatory urges the authorities to releaseimmediately Messrs. Khalafalla Al-Afif Mukhtar, Mustafa Adam and Midhat AHamdan and drop all the charges against them and Messrs. Al Hassan Kheiry, ArwaElrabie, Imani-Leyla Raye.

The Observatory firmlycondemns the above-mentioned judicial harassment, which is the latest evidenceof an increasing pattern of judicial harassment launched by the authoritiestargeting civil society organisations and human rights defenders in Sudan.

Finally,until all charges are dropped against them, the Observatory urges the Sudaneseauthorities to ensure that their conditions of detention are humane and thatall judicial proceedings against the six are carried out in full compliancewith his right to a fair trial, as protected under international law.

TheObservatory expresses concerns regarding Mr. Khalafalla Al-Afif Mukhtar as hishealth condition is deteriorating, he suffers from heart condition and he doesnot have access to the appropriate medical care.

Background information:

On March 26, 2015,approximately ten plain-clothed National Intelligence and Security Services (NISS) agents raided TRACKs’premises, during the last day of a training on “social responsibility andactive citizenship”. No search warrant was presented and computers anddocuments belonging to TRACKs were confiscated.

On April 16, 2015,Mr. Adil Bakheit, member of the Board of Trustees of the SudanHuman Rights Monitor (SHRM)[4] was arrested and charged with“joint acts in the execution of criminal conspiracy, criminal conspiracy,undermining the constitutional system, waging war against the State, callingfor opposition to public authority by use of violent or criminal force, publicationof false news, and impersonating a public servant”. The offences of waging waragainst the state and undermining the constitutional system carry the deathpenalty.

In May 2015, Mr. KhalafallaAl-Afif Mukhtar was charged with a number of crimes, including “criminalconspiracy”, “undermining the constitutional system” and “waging war againstthe State” and later released on bail.

OnJune 3, 2015, Mr. Adil Bakheit was released on bail.

InFebruary 2016, the State Crimes Prosecution Office dropped the criminal case.

OnFebruary 29, 2016, NISS officers raided for the second time TRACKs officeswithout any warrant and brought the staff present in the premises to the policestation in order to interrogate them for 12 hours on TRACKs’ activities,including on their relation to KACE. Moreover, the NISS officers severelythreatened, verbally abused and ill-treated them for hours.

OnMay 22, 2016, Messrs. Khalafalla Al-Afif Mukhtar, Mustafa Adam and Midhat A Hamdan, Al Hassan Kheiry,Ms. Arwa Elrabie and Ms. Imani-Leyla Raye and three other TRACKs staff Ms.Nudaina Kamal, accountant, Mr. Khuzaini El Hadi and Mr. Al Shazali Ibrahim AlSheikh were summoned to the NISS Department in Khartoum. Only two of them werequestioned and further threatened in relation to their personal activities,including their activism and sources of income, while others were kept waitingbefore all the individuals summoned were placed in custody pending furtherinvestigations.

Ms.Nudaina Kamal was released shortly after her arrest on the same day. Ms. ArwaElrabie and Ms. Imany-Leyla Raye were released on bail on May 30; Messrs.Hassan Kheiry, Khuzaini El Hadi and Al Shazali Ibrahim Al Sheikh on June 7,2016.

OnAugust 15, 2016, Messrs. Khalafalla Al-Afif Mukhtar, Mustafa Adam and Midhat AHamdan were transferred to Al Huda prison after spending almost three months ina narrow cell with poor ventilation and access to food[5],no access to medication and limited access to toilet at the State Prosecutionoffice and were charged for the same offences.

Furthermore,Mr. Khalafalla Al-Afif Mukhtar, Ms. Arwa Elrabie, Ms. Nudaina Kamal and Mr.Adil Bakheitare also facing the similar charges in another court caserelated to another raid conducted at TRACKs’ offices on March 26, 2015. Thecase was dropped on February 2016 by the State Crimes Prosecution Office, andre-opened by the same on August 15, 2016. Their first hearing should have takenplace on August 24, 2016 but has already been postponed three times and no datefor the next hearing has been set yet.

Actions requested:

TheObservatory urges the authorities of Sudan to:

i. Release immediatelyand unconditionally Messrs. Khalafalla Al-Afif Mukhtar, Mustafa Adam and Midhat A Hamdan and guarantee inall circumstances their physical and psychological integrity;

ii. Drop all chargesagainst Messrs. Khalafalla Al-Afif Mukhtar, Mustafa Adam, Midhat A Hamdan, Al Hassan Kheiry,Arwa Elrabie and Imani-Leyla Raye, as they only aim at sanctioning their humanrights activities;

iii. Put an end to any kind of harassment, includingat the judicial level, against them, as well as againstall human rights defenders in Sudan, and ensure in all circumstances that theyare able to carry out their activities without hindrances;

iv. Conform in any circumstances with the provisionsof the UN Declaration on Human Rights Defenders, in particular its articles 1and 12.2;

v. Ensure in all circumstances respect for humanrights and fundamental freedoms in accordance with international human rightsstandards and international instruments ratified by Sudan.

Addresses:

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

· M. Awad Al Hassan Al Nour, 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. Ibrahim Ahmed Ghandour, Minister of Foreign Affairs, Ministry of Foreign Affairs/External Relations, PO Box 873, Khartoum, Sudan, Fax: 249183772941

· Mr. Ismat Abdelrahman Zeinalabdin, Minister of Interior, PO Box 873, Khartoum, Sudan, Fax: +249 183 779383 / +249 183 776 554; Email: ministry@mfa.gov.sd

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

· H.E. Mr. Mustafa Osman IsmailElamin, Ambassador, Permanent Mission of the Republic of Sudan to the United Nations in Geneva, Avenue Blanc 51-53 (3rd Floor), 1202 Geneva, Switzerland, Fax: +41 22 731 26 56 / +41 22 716 19 70, Email: mission.sudan@bluewin.ch

· Embassy of Sudan in Brussels, Avenue F.D. Roosevelt 124, 1050 Brussels, Belgium. Fax: 0032 (2) 648 34 99, Email: sudanbx@yahoo.com

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

[1] TRACKs is a Sudanese NGO providing training on various topics relating to humanrights and information technology.

[2] The materials shown in Court were film documentaries, 41pictures of one taken during workshops or meetings and several personal picturestaken during private time with friends

[3] KACE aimed todevelop democratic modes of behaviour, to encourage freedom of thought andfreedom of scientific research, and to reinforce peaceful and civilized debateamongst different groups and sectors of the society. Sudanese authorities shut down KACE in late2012 on allegations of working to topple the regime.

[4] See the Observatory’s Urgent Appeals SDN 001 / 0415 / OBS 033 and SDN 001 /0415 / OBS 033.1, published on April 21 and May 18, 2015.

[5] They had to buy food or depended on their family to bring them food.