Risk of deportation and alleged incommunicado detention

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

Brief description of the situation

The International Secretariat of OMCT has been informed by the Sudan Organisation Against Torture (SOAT), a member of OMCT SOS-Torture network, about the detention of four Eritreans and six Ethiopians, who may face deportation leaving them at risk of torture in their respective countries.

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, are reportedly currently 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 are 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 have been 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, remain in detention 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. While those detained in Dabak prison were reportedly able to meet with at least one family member, none of them have reportedly access to legal representation.

According to the information, members of the group had held refugee status in Sudan since 2004 and had permission to remain in the country, which was renewed periodically. All of those arrested 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.

The International Secretariat of OMCT expresses its deep concern with regard to the physical and psychological integrity of the four Eritreans and six Ethiopians, who are reportedly in danger of being deported facing high risk of torture in their respective countries. 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.

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.

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Geneva, 14 January 2008

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