Observatory for the Protection of Human Rights Defenders Annual Report 2004 - Sudan
| Publisher | International Federation for Human Rights |
| Publication Date | 14 April 2005 |
| Cite as | International Federation for Human Rights, Observatory for the Protection of Human Rights Defenders Annual Report 2004 - Sudan, 14 April 2005, available at: https://www.refworld.org/docid/48747c8e3c.html [accessed 3 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Arbitrary arrest and detention of Mr. Mudawi Ibrahim Adam99
On 28 December 2003, Mr. Mudawi Ibrahim Adam, president of the Sudan Social Development Organisation (SUDO), was arrested at his Ondurman home by the forces of the National Security Agency (NSA). This arrest followed Mr. Mudawi's speech, on 27 December 2003, at a seminar on education in human rights organised by the SUDO in Shendi.
Mr. Mudawi was first placed in detention in an unknown place, without any charge being brought against him. On 3 January 2004, it was confirmed that he had been transferred to the Kober prison.
On 11 February 2004, Mr. Mudawi was accused on the basis of the 1991 Criminal Code of having "undermined the constitutional system (Article 50), conducted a war against the State (Article 51), revealed military information (Article 56), incited people to oppose the public authorities using violence and force (Article 63), incited hatred against or amongst sects (Article 64)", charges which carry a sentence of life imprisonment or death.
These charges were dropped on 4 August 2004, and Mr. Mudawi was released on 7 August 2004, after more than seven months in detention.
Arbitrary arrest and detention of Mr. Salih Mahmoud Osman100
On 1 February 2004, Mr. Salih Mahmoud Osman, a lawyer and member of the Sudan Organisation Against Torture (SOAT), was arrested at his home, in Wad-Madani (Central-Sudan), by agents of the NSA. After being questioned in the NSA offices, Mr. Salih was imprisoned in isolation without charges. He was transferred on 3 February 2004 to the Dabak prison, while suffering from serious health problems (jaundice, diabetes and hypertension).
On 31 May 2004, Mr. Amir Mohammed Suleiman, a lawyer and SOAT member, submitted an official memorandum to the security department, demanding the immediate release of Mr. Salih, given the absence of charges against him and the expiry of the 90 days time limit for provisional detention, provided for by Article 32, section 2, of the 1999 National Security Act. However, on 20 June 2004, the director of the NSA replied that Mr. Salih had benefited from medical visits during his detention, the time limit for which had been extended beyond 90 days at the request of the NSA superior council on the basis of the National Security Act of 1991.
Mr. Salih went on a hunger strike from 30 June until 2 July 2004, before being released without charges on 4 September 2004.
Mr. Salih is a well-known lawyer and a writer, who provides legal assistance to hundreds of victims of human rights violations in Darfur, and who also represents the persons sentenced to death or to amputation in the region.
Arbitrary arrest and detention of Mr. Osman Adam Abdel Mawla101
On 5 May 2004, Mr. Osman Adam Abdel Mawla, a member of the SUDO, was arrested in Zalingy (Western Darfur), then taken to the offices of the security forces, although no charge was officially brought against him.
Mr. Mawla was released on 18 May 2004, after thirteen days in detention during which he was neither interrogated, nor advised of the reasons for his arrest. After his release, the security services first refused to provide him with the necessary authorisation to leave Nyala.
Arbitrary arrest and detention of Messrs. Nour Eldin Mohamed Abdel Rahim and Bahr Eldin Abdallah Rifa102
On 9 May 2004, Messrs. Nour Eldin Mohamed Abdel Rahim, omda fur (tribal chief) of Shoba, and Bahr Eldin Abdallah Rifa, omda fur of Jabal, were arrested by the security forces in Kabkabia (Northern Darfur), after taking part on the same day in a meeting about human rights violations in the Kabkabia region with the local authorities and representatives of the Red Cross. During this meeting, Messrs. Abdel Rahim and Abdallah Rifa gave the Red Cross representatives information on the existence of mass murders and graves, as well as other serious human rights violations against the civilian population of the region.
As of end 2004, no information was made available on their whereabouts, nor if they were released.
Arbitrary arrest and detention of Mr. Adel Abdullah Nasir Aldeain Saeed103
On 16 June 2004, Mr. Adel Abdullah Nasir Aldeain Saeed, a lawyer and member of the SOAT in Nyala (Southern Darfur), was arrested at his office by agents of the security forces, then held incommunicado for five days in the premises of the security forces in Nyala.
He was released on 21 June 2004 without charges.
Mr. Aldeain Saeed provides legal assistance to persons who have been sentenced to death, amputation and other inhuman or degrading treatment. In April 2004, Mr. Saeed in particular took part, with other lawyers, in an appeal to the security forces of the Southern Darfur State, urging the authorities to immediately release all the detainees who had not been officially charged, and to guarantee them a fair trial.
Restrictions on freedom of the press
Although censorship in Sudan was officially lifted on 12 August 2003 by a presidential decree, the NSA announced, on 11 September 2004, the establishment of a "pre-censorship" programme, immediately applicable to all publications in the country, and banning the dissemination of any information regarding the situation in Darfur and the Popular National Congress (PNC, opposition party), which do not officially emanate from the government. The NSA agents are, amongst others, authorised to supervise publications, inspect, modify or order the withdrawal of certain articles before their publication.
Questioning of Mr. Faiçal El-Bagir Mohammed104
On 16 September 2004, Mr. Faiçal El-Bagir Mohammed, a journalist and SOAT member, correspondent for RSF in Sudan and leader writer for the newspaper Aladdwaa, was summoned to the NSA offices, where he was held for almost nine hours. Mr. El-Bagir was questioned in particular about his editorial, which was to appear in that day's edition of the Aladdwaa, and which criticised the NSA's new pre-censorship policy, the crackdown on freedom of expression in Sudan and the 1999 National Security Act. As a result of pressure from the NSA, this article was withdrawn from the edition.
Mr. El-Bagir, whose activities have been regularly watched and controlled since 2001, has been repeatedly subjected to arbitrary arrest and summons by the security services. In 2003, he had been questioned in this way on five separate occasions by the NSA agents because of his stand in favour of human rights and freedom of expression.
[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]
99. See Urgent Appeal SDN 001/0104/OBS 001.
100. See Urgent Appeals SDN 002/0104/OBS 009, 009.1 and 009.2.
101. See Urgent Appeal SDN 003/0504/OBS 035.
102. See Urgent Appeal SDN 004/0504/OBS 036.
103. See Urgent Appeal SDN 005/0604/OBS 047.
104. See Annual Report 2003.
