The judicial harassment of 5 defenders from TRACKs and the Director of ZORD continues

New information

SDN 001 / 1016 / OBS084.2

Judicialharassment/

Arbitrary detention /

Ill-treatment in detention

Sudan

October 19, 2016

TheObservatory for the Protection of Human Rights Defenders, a partnership of FIDHand the World Organisation Against Torture (OMCT), has received new informationand requests your urgent intervention in the following situation in Sudan.

Description of the situation:

TheObservatory has been informed by reliable sources about the continuing judicialharassment against five human right defenders working at the Centre forTraining and Human Development in Sudan (TRACKs)[1],namely Mr. Al Hassan Kheiry, a computer technician, Ms.Arwa Elrabie, the AdministrationManager, Ms. Imany-Leyla Raye, a student volunteer, Mr. Khalafalla Al-Afif Mukhtar, theDirector, and Mr. Midhat A. Hamdan,a trainer, as well as against the Director of Zarqa Organisation for RuralDevelopment (ZORD) who had delivered training for TRACKs, Mr. Mustafa Adam,as well as the arbitrary detention of the last three (see backgroundinformation).

Accordingto the information received, on October 13, 2016, the trial against the sixhuman rights defenders resumed before the Khartoum Central Criminal Court forcharges under the 1991 Criminal Act of “undermining the constitutional system”(Article 50), “waging war against the State” (Article 51), “espionage” (Article53), and “criminal and terrorist organisation” (Article 65). The offences of“undermining the constitutional system”, “waging war against the State”, and“espionage” carry the death penalty. Messrs. Midhat A Hamdan and Mustafa Adamare also facing charges under Article 14 of the InformationCrime Law. These charges relate to accusations of producing, setting,sending, storing or promoting indecent content through internet, computer oralike that affect public order or morals. Under this provision, both defenders face additionalsentences up to ten years of imprisonment and a fine.

OnOctober 13, a power cut led the hearing to be held in a very small courtroom onthe ground floor of the Court, thus preventing many journalists, activists,family members of the defendants as well as a diplomatic staff member fromentering the room despite their protests, in breach of the principle ofpublicity of debates.

Duringthe hearing, the Prosecutor continued showing evidence allegedly found on thelaptops of the defendants. These included a number of evidences completelyirrelevant to the proceedings, such as a list of names of invitees to theUnited Nations Human Rights Council and a letter addressing the GermanDemocratic Republic[2].

TheObservatory fears that after attempting to question the morality of thedefendants during previous hearings, the Prosecutor is now trying to portraythem as working against the Sudanese State. As the Prosecutor presents itsevidences against the defendants, it appears more and more obvious that theirtrial aims at punishing their human rights work. Indeed, amongst the documentsbrought forward are a report on human trafficking in Sudan addressing the roleof State forces as well as Mr. Mustafa Adam’s membership to the InternationalCriminal Court Coalition.

Thenext hearing is scheduled on October 20, 2016 at 12pm.

Asthree of the defenders remain arbitrarily detained, namely Messrs. Khalafalla Al-Afif Mukhtar, Mustafa Adam and Midhat A Hamdan, the Observatoryexpresses concerns regarding Mr. Khalafalla Al-Afif Mukhtar whose healthcondition is deteriorating, as he suffers from heart condition and he does nothave access to the appropriate medical care.

TheObservatory urges the authorities to release immediately Messrs. KhalafallaAl-Afif Mukhtar, Mustafa Adam and Midhat A Hamdan and drop all the chargesagainst them and Mr. Al Hassan Kheiry, Ms. Arwa Elrabie and Ms. Imany-LeylaRaye.

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.

Backgroundinformation:

On March 26, 2015, approximately ten plain-clothed National Intelligenceand Security Services (NISS) agents raided TRACKs’ premises, during the lastday of a training on “social responsibility and active citizenship”. No searchwarrant was presented and computers and documents belonging to TRACKs wereconfiscated.

On April 16, 2015, Mr. Adil Bakheit, member of the Board ofTrustees of the Sudan Human Rights Monitor (SHRM)[3],wasarrested and charged with “joint acts in the execution of criminal conspiracy,undermining the constitutional system, waging war against the State, callingfor opposition to public authority by use of violent or criminal force,publication of false news, and impersonating a public servant”.

In May 2015, Mr. Khalafalla Al-Afif Mukhtar was charged with a number ofcrimes, including “criminal conspiracy”, “undermining the constitutionalsystem” and “waging war against the State” and later released on bail.

On June 3, 2015, Mr. Adil Bakheit was released on bail.

In February 2016, the State Crimes Prosecution Office dropped thecriminal case.

On February 29, 2016, NISS officers raided for the second time TRACKsoffices without any warrant and brought the staff present in the premises tothe police station in order to interrogate them for 12 hours on TRACKs’activities, including on their relation to the Al-khatim Aldan Center forEnlightenment (KACE)[4].Moreover, the NISS officers severely threatened, verbally abused andill-treated them for hours.

On May 22, 2016, Messrs. Khalafalla Al-Afif Mukhtar, Mustafa Adam,Midhat A Hamdan, Al Hassan Kheiry, Ms. Arwa Elrabie and Ms. Imany-Leyla Raye aswell as three other TRACKs staff, Ms. Nudaina Kamal, accountant, Mr. KhuzainiEl Hadi and Mr. Al Shazali Ibrahim Al Sheikh were summoned to theNISS Department in Khartoum. Only two of them were questioned and furtherthreatened in relation to their personal activities, including their activismand sources of income, while others were kept waiting before all theindividuals summoned were placed in custody pending further investigations.

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

On August 15, 2016, Messrs. Khalafalla Al-Afif Mukhtar, Mustafa Adam andMidhat A Hamdan were transferred to Al Huda prison after spending almost threemonths in a narrow cell with poor ventilation and access to food5, no access tomedication and limited access to toilet at the State Prosecution office andwere charged for the same offences.

OnSeptember 22 and 29, 2016, the Prosecutor showed a number of personal picturesand materials found on the laptops of the defendants[5],although completely irrelevant to the chargesand in blatant breach of their right to privacy and property. The Observatoryfears that these were shown in an attempt to question the morality of thedefendants. Furthermore, the Prosecutor claimed TRACKs’ activities wereused to carry on the work of KACE despite being shut down by the authorities in2012.

The Prosecutor also claimed that TRACKs was operating without beingregistered as a training centre, since their licence ended on March 27, 2015.However, TRACKs’ application to renew their licence in due time, which includedthe payment of registration fees to the National Centre for Training, has beendelayed by the authorities due to “internal issues”. The status of theirapplication is therefore still pending, which nonetheless enables TRACKs tolegally operate under Sudanese legislation.

The hearing of September 29, which started with two hours delay due tothe late arrival of both Prosecutor and Investigator, was eventually suspendeddue to a power cut.

OnOctober 6, 2016, the Prosecutor continued showing evidence allegedly found onMr. Mustafa Adam’s laptop and without any relevance to the proceedings. Amongstthe documents brought forward, some of them were allegedly including“information about the Sudanese regime”[6].

TheProsecutor also presented the registration form filled out by TRACKs to theNational Center for Training. In this document, TRACKs requests to beregistered as a centre that works on trainings covering a wide scope of issuessuch as NGO, time and project management as well as proposal-writing,negotiations, conflict analysis and youth capacity-building. The Prosecutorthus argues that TRACKs is not registered to carry out trainings on humanrights and human rights monitoring. Nonetheless, TRACKs’ vision of work hasalways included human rights throughout its trainings.

Lawyersof the defendants have requested evidences to be stamped by the forensiclaboratory and cross-examined.

Furthermore, Mr. Khalafalla Al-Afif Mukhtar, Ms. Arwa Elrabie, Ms.Nudaina Kamal and Mr. Adil Bakheit are also facing the similar charges inanother court case related to another raid conducted at TRACKs’ offices onMarch 26, 2015. The case was dropped on February 2016 by the State CrimesProsecution Office, and re-opened by the same on August 15, 2016. Their firsthearing should have taken place on August 24, 2016 but has already beenpostponed three times and no date for 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 charges against Messrs. Khalafalla Al-Afif Mukhtar, Mustafa Adam, Midhat A Hamdan, Al Hassan Kheiry, Mrs. Arwa Elrabie andMs. Imany-Leyla Raye, as they only aim at sanctioning their human rightsactivities;

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. Omar Hassan Ahmad al-Bashir, President of Sudan, Fax: + 249 183 783223

· M. Awad Al Hassan Al Nour, Minister of Justice of Sudan; Fax: 249 183 764 168 / +249 183 770 883; Email: moj@moj.gov.sd

· Advisory Council for Human Rightsof Sudan, Rapporteur, Fax: +249 183 77 08 83

· H.E. Mr.Mustafa Osman Ismail Elamin, Ambassador, Permanent Mission of the Republic of Sudan to the United Nations in Geneva, Switzerland, Fax: +41 22 731 26 56 / +41 22 716 19 70, Email: mission.sudan@bluewin.ch

· Embassy of Sudan in 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 defence had to point outthat this country does not even exist anymore.

[3] See the Observatory’s Urgent Appeals SDN 001 / 0415 / OBS 033 and SDN001 / 0415 / OBS 033.1, published on April 21 and May 18, 2015.

[4] 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.

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

[6] In reality, these were forms for an InternationalCriminal Court (ICC) witness-protection programme run by the US Embassy.