Arbitrary arrests and detentions

19/07/2004
Urgent Appeal

The Observatory for the Protection of Human Rights Defenders, a joint
programme of the World Organisation Against Torture (OMCT) and the
International Federation for Human Rights (FIDH), requests your
urgent intervention in the following situation in Sudan.

Brief description:

The Observatory was informed by the Sudanese Organisation Against
Torture (SOAT) that Mr. Nour Eldin Mohamed Abdel Rahim, Omda (tribal
leader) of Shoba, and Mr. Bahr Eldin Abdallah Rifa, Omda of Jabal Si,
both leaders from the Fur tribe, were arrested by security officers
in Kabkabia on May 9, 2004.

According to the information received, Mr. Nour Eldin Mohamed Abdel
Rahim and Mr. Bahr Eldin Abdallah Rifa, were arrested after they
participated in a meeting with the local authorities and Red Cross
representatives on May 9, 2004, concerning human rights violations in
Kabkabia region, Darfur, where the local population, including the
Fur tribe, is subjected to recurrent and deadly attacks by pro-
governmental militia. They are being detained at Kabkabia security
offices and are denied any visits by family or contact with lawyers.
Mr. Nour Eldin Mohamed Abdel Rahim was previously arrested on May 21,
2002 by security forces, with 7 other persons, after they had
reported an attack on Shoba to the authorities.

The Observatory is deeply concerned by the measures taken by the
Sudanese authorities in order to silence accounts of grave human
rights violations occurring in Darfur. In this regard, the
Observatory recalls that that Mr. Salih Mahmoud Osman, a member of
the Sudan Organization Against Torture’s (SOAT) lawyers network
remains in detention in Kober prison since his arrest on February 1,
2004, by the members of the National Security Agency (NSA). Although
the grounds for this arbitrary detention remain unknown, there is
reason to believe that his arrest and detention are connected to his
legal activities in the Darfur region (see Urgent Appeal SDN
002/0104/OBS 009.1, March 5th, 2004).

The Observatory also recalls that Mr. Madawi Ibrahim Adam, 47,
Chairperson of the Sudan Social Development Organisation (SUDO), a
voluntary organisation created to promote sustainable development and
human rights, that has been particularly active in Darfur, remains in
arbitrary detention since December 28, 2003 (See Urgent Appeal SDN
001/0104/OBS 001, January 6, 2004). Such is also the case of Mr. 
Osman Adam Abdel Mawla, 39, a human rights activist and a member of
SUDO, who was arrested on May 5 (see Urgent Appeal SUD 003/0504/OBS
035, May 10, 2004).

The Observatory is deeply concerned by Messrs. Nour Eldin Mohamed
Abdel Rahim and Bahr Eldin Abdallah Rifa’s arrest and detention and
fears for their physical and psychological integrity.

The Observatory urges the Sudanese authorities to immediately and
unconditionally release them and to conform with the Declaration on
Humans Rights Defenders, adopted by the General Assembly of the
United Nations on December 9, 1998, in particular articles 5.c which
provides that "everybody has the right [...] to communicate with non-
governmental and intergovernmental organisations" and 8.2 which
provides that everyone has "the right, individually and in
association with others, to submit to governmental bodies and
agencies and organizations concerned with public affairs criticism
and proposals for improving their functioning and to draw attention
to any aspect of their work that may hinder or impede the promotion,
protection and realization of human rights and fundamental freedoms".

Actions requested:

Please write to the Sudanese authorities and ask them to:

i. Ensure in all circumstances the physical and psychological
integrity of Messrs. Nour Eldin Mohamed Abdel Rahim and Bahr Eldin
Abdallah Rifa;
ii. Order the immediate release Messrs. Nour Eldin Mohamed Abdel
Rahim, Bahr Eldin Abdallah Rifa and Salih Mahmoud Osman in the
absence of valid legal charges against them, or if legitimate charges
exist, bring them before an impartial tribunal in the shortest delay
and guarantee their right to a fair and impartial trial;
iii. Conform to the provisions of the Declaration on Humans Rights
Defenders, adopted by the General Assembly of the United Nations on
December 9, 1998, in
particular article 1, which states that "everyone has the right,
individually or in association with others, to promote the protection
and realization of human rights and
fundamental freedoms at the national and international levels",
article 12§2 which provides that "[t]he State shall take all
necessary measures 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" as well as article 5.c and 8.2
mentioned above;
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, fax : + 249 11
783223
  Mr Ali Osman Yasin, Minister of Justice and Attorney General,
Ministry of Justice, Khartoum, Sudan. Fax : + 249 11 788941
  Mr Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of
Foreign Affairs, PO Box 873, Khartoum, Sudan, fax : + 249 11 779383
  Mr. Yasir Sid Ahmed, Advisory Council for Human Rights, PO Box 302
Khartoum, Sudan. Fax: + 249 11 770883
  His Excellency Ambassador Ibrahim Mirghani Ibrahim, Permanent
Mission of Sudan to the United Nations in Geneva, Case Postal 335,
1211 Geneva 19, fax :
0041 (0) 22 731 26 56, email: mission.sudan@ties.itu.int.

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