Fears for the safety of Sudanese youth movement leader denied medical

(10 December 2013) The Government of Sudan must immediately release Sudanese youth movement leader Mohamed Farouq Salman and grant him access to urgently needed medical treatment.

Mohamed Farouq Salman, (m), 45 years of age, is a leading member of the Sudanese youth movement Change Now and member of the opposition Sudanese Congress Party. He has been detained without charge since his arrest by the National Intelligence and Security Services (NISS) on 11 November and denied urgently needed medication for a colon condition.

Mr Farouq was detained incommunicado for over two weeks until his family was permitted to visit him at Kober prison in Khartoum Bahri on 28 November. His family was not permitted to give him his prescribed medication and reported that his health condition had deteriorated.

The African Centre for Justice and Peace Studies (ACJPS) is seriously concerned for the health and safety of Mr Farouq. Mr Farouq is thought to be held solely on account of his political opinions. He was initially arrested at 10am on 30 October from his office in Khartoum Bahri and taken to NISS offices in the same neighbourhood. He was interrogated for around six hours until his release at 4pm. The interrogation included questions about Change Now’s sources of funding and links with opposition parties. His lap top and mobile phone were confiscated and he was ordered to report back to the NISS offices daily. Although he complied with these orders, Mr Farouq was re-arrested on 11 November. It is not clear if he is being held at Kober prison, or was transferred there for the family visit on 28 November. No criminal charges have been pressed against him.

ACJPS calls on the Government of Sudan (GoS) to immediately grant Mr Farouq access to appropriate medical care and release him in the absence of valid legal charges that are consistent with international law and standards.

The denial of urgently needed medical treatment and prolonged incommunicado detention contravenes Sudan’s obligations under the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights (African Charter), which both prohibit ill-treatment and torture and require that detainees are treated with respect for the inherent dignity of the person. In the case of International Pen and Others v. Nigeria concerning the treatment in detention of Nigerian activist Ken Saro-Wiwa, the African Commission on Human and People’s Rights (ACHPR) ruled that under Article 16 of the African Charter, the government has a heightened responsibility to ensure that detainees enjoy the highest attainable state of physical and mental health because their “integrity and well-being is completely dependent on the actions of the authorities”.[1]

Article 6 of the United Nations Code of Conduct for Law Enforcement Officials states that “law enforcement officials shall ensure the full protection of the health of persons in their custody and, in particular, shall take immediate action to secure medical attention whenever required.”

Background

ACJPS has serious concerns for the health and welfare of Mohamed Farouq Salman. Mr Farouq is a leader in the youth movement Change Now, which saw many of its members detained by the police and NISS during the anti-austerity and anti-regime demonstrations that took place throughout Sudan in late September and early October 2013.

The demonstrations were met with disproportionate force by the Sudanese authorities, including the use of tear gas and live ammunition. Over 170 people, including at least 15 children, were killed during the protests and hundreds more were injured. Most fatalities resulted from gun-shot wounds to the head or chest. At least 800 individuals were detained in connection with the protests. Many of the detainees were released shortly after, but it has been estimated by human rights groups that dozens remain in NISS detention without charge because of their presumed political opinions.

ACJPS and other human rights groups have called on the African Union and the ACHPR to send an urgent commission of inquiry into the circumstances leading to the deaths of protestors and other human rights violations that were perpetrated in connection with the protests.

Contact: Osman Hummaida, Executive Director, African Centre for Justice and Peace Studies (ACJPS) in London on +44 7956 095738 or e-mail [email protected].

[1] International Pen and Others v. Nigeria, African Commission on Human and Peoples’ Rights, Communication Nos. 137/94, 139/94, 154/96 and 161/97 (1998).

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The African Centre for Justice and Peace Studies is dedicated to promoting human rights and the rule of law in Sudan through ongoing monitoring of human rights violations in the country, promotion of legal reform and the understanding of legal challenges facing Sudan and national and international advocacy on these issues.