Release on bail of Mr. Adil Bakheit

SDN001 / 0415 / OBS 033.1

Release on bail / Judicial harassment

Sudan

May 18, 2015

The Observatory for the Protection of Human Rights Defenders, a jointprogramme of the International Federation for Human Rights (FIDH) and the WorldOrganisation Against Torture (OMCT), has received new information and requestsyour urgent intervention in the following situation in Sudan.

New information:

The Observatory has been informed by reliable sources about the releaseon bail of Mr. Adil Bakheit, member of the Board of Trustees of theSudan Human Rights Monitor (SHRM) and human rights trainer who played animportant monitoring role during the 2010 elections and 2011 referendum inSudan.

According to the information received, on May 3, 2015, Mr. Bakheit wasreleased from police custody, where he was detained since April 16 (seebackground information), after providing a personal guarantor who wouldpay a fine should Mr. Bakheit fail to respond to future summonses.

However, Mr. Bakheit faces the possibility of a re-arrest at any time ascharges against him still stand. In particular, two of the charges held againsthim, namely the ones under Article 50 (“undermining the constitutional system”)and Article 51 (“waging war against the State”) are classified as crimesagainst the State and punished with the death penalty.

It was further reported that on May 10, 2015 Mr. Bakheit's lawyer filedan appeal to the Minister of Justice calling for either a prompt trial or for thecharges to be dropped.

TheObservatory is extremely concerned about the judicialharassment of Mr. Adil Bakheit, as it seems only to aim at sanctioning hishuman rights activities and calls upon authorities in Sudan to immediately andunconditionally drop all charges against him.

Background information:

On April 16, 2015, at approximately 11 a.m. Mr.Bakheit responded to a summons by the National Intelligence and SecurityServices (NISS) in Khartoum. Later that day, the State security prosecution officecharged Mr. Bakheit with seven criminal offences under the 1991 Criminal Act, including charges of “criminal joint acts in executionof criminal conspiracy” (Article 21), “criminal conspiracy” (Article 24),“calling for opposition to public authority by use of violence or criminalforce” (Article 63), “publication of false news” (Article 66) and“impersonating a public servant” (Article 93). Two additional charges broughtup against Mr. Bakheit - “offences against the State undermining theconstitutional system” (Article 50), “waging war against the State” (Article51) - are classified as crimes against the State and carry the death penalty.

He was detained at the Al Awasat police stationin Khartoum from April 16, until his release on bail on May 3, 2015.

Moreover, three weeks prior to his arrest, onMarch 26, the laptop of Mr. Bakheit, which contains information about his humanrights work, was confiscated when the NISS raided a workshop organised by theKhartoum-based TRACKS for Training and Human Development, whilst it was hostinga training session on social responsibility.

Actions requested:

The Observatory urges the authorities of Sudan to:

i. Drop all charges against Mr. Adil Bakheit, as they only aim at sanctioninghis human rights activities;

ii.Putan end to any kind of harassment, including at the judicial level, against Mr. Adil Bakheit, as well as againstall human rights defenders in Sudan, and ensure in all circumstances that he isable to carry out his activities without hindrances;

iii. Guarantee in all circumstances the physical andpsychological integrity of Mr. Adil Bakheit, as well as of all human rightsdefenders in Sudan;

iv. Conform in any circumstances with the provisionsof the UN Declaration on Human Rights Defenders, in particular

its Article 1, which states that “everyone hasthe right, individually or in association with others, to promote theprotection and realisation of human rights and fundamental freedoms at thenational and international levels”,

and its article 12.2 which provides that “theState 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 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

· Mr. Mohammed Boushara Dossa, 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, PO Box 873, Khartoum, Sudan, Fax: 249183772941

· Mr. Ibrahim Mahmoud Ahmed, 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 for Human Rights, Rapporteur, PO Box 302, Khartoum, Sudan, Fax: +249 183 77 08 83

· H.E.Ms. Rahma Salih Elobied, 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.