Sudan
12.03.01
Urgent Interventions

'Sudan: Illegal detention

URGENT APPEAL - THE OBSERVATORY
SDN 001/0301/OBS 020
Illegal detention
Sudan
12 March 2001

The Observatory for the Protection of Human Rights Defenders, a joint programme of the FIDH and the OMCT, requests your urgent intervention in the following situation in Sudan.

Brief description of the situation :

The Observatory has been informed by the Sudanese Victims of Torture Group (SVTG) and the International Rehabilitation Council for Torture Victims (IRCT), both members of the OMCT network, of the arrest, on 11 March 2001, of Dr Nageeb Nagmeldin el Toum by the security forces. Dr Nageeb Nagmeldin el Toum is a prominent human rights defender, member of SVTG network in Sudan and Director of the Amal Centre for Rehabilitation of Victims of Physical and Mental Trauma, and the former secretary general of the banned Sudanese Doctors Unions.

According to information received, Dr Nageeb was arrested on Sunday 11 March 2001 at 12.30 pm at the Amal centre in Khartoum North, and was then taken to his house, also in Khartoum North, which the security forces then searched. The security forces confiscated the centre's computers, all the files of the patients at the centre and some other documents. His mobile phone was also confiscated from his house. The security forces also arrested two other members of staff of the Amal Centre, Mr Fatih Mohamed Ahmed, the administrator, and Ms Zienab Omer, the secretary. Mr Ahmed and Ms Omer were released on Sunday night after a lengthy interrogation.

Dr Nageeb was held at the security forces offices in Khartoum, 2 Mohamed Nageeb street, before being transferred to Kober prison. Dr Nageeb was due to meet the United Nations Special Rapporteur on Sudan, Mr Gerhard Baum, on Tuesday March 13th. The security forces accused him of preparing lists of victims of torture for the Special Rapporteur.

Dr Nageeb provides free medical treatment counselling and rehabilitation for victims of torture and human rights violations. He has been arrested 7 times before since 1989 and has spent over four years in prison. He was first arrested in 1989 and detained in Shalla Prison from September 1989 until June 1991. He was again arrested following the doctors strike in August 1996. During his detention he was was subjected to beatings, whippings and spent long periods blindfolded. The results of the torture are that he now suffers from general ill health.

The Amal Centre was in Novemberr 2000 and provides free medical treatment and counselling services to victims of torture and physical violence.

The Observatory is extremely concerned about the psychological and physical integrity of Dr Nageeb Nagmeldin el Toum as torture and ill-treatment are well-documented in Sudanese secret locations of detention. According to information received, he is currently being deprived of his legal and constitutional rights, including his right to receive visitors and medical assistance.

Action requested :

Please write to the authorities of Sudan urging them to:

i. take all necessary measures to guarantee the physical and psychological integrity of Dr Nageeb Nagmeldin el Toum and order his immediate release, in the absence of valid charges or in case such charges exist, ensure the right to a fair et impartial trial and guarantee the right to legal counsel at all times;

ii. put an end to the harassment of human rights defenders by security forces;

iii. ensure the application of the provisions of the Declaration on Human Rights Defenders adopted by the General Assembly of the UN on December 9th 1998, especially with respect to the protection of the right of all persons, "...individually or in association with others, to promote and to strive for the protection and realization of human and fundamental freedoms at the national and international levels" (Art.1.) as well as the duty of the State to ensure “the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure, adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration" (Art.12.2);

iv. ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards.

Addresses:

His Excellency Lieutenant General Omar Hassan al-Bashir, President of the Republic of Sudan, People's Palace, PO Box 281, Khartoum, Sudan. Telex : 22385 PEPLC SD or 22411 KAID SD - Fax : (+249 11) 71 7 24

Mr. Abd al-Basit Sabdarat, Minister of Justice and Attorney-General, Ministry of Justice, Khartoum, Sudan. Telex : 22459 KHRJA SD or 22461 KHRJA SD (via Ministry of Foreign Affairs) - Fax : (+249 11) 740 63

Mr. Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan. Telex : 22459 KHRJA SD or 22461 KHRJA SD - Fax : (+249 11) 740 63

The Diplomatic Representatives of Sudan in your country.

Paris-Geneva, 12 March 2001

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