اعتقال( عبد المنعم الجاك )مرة آخرى وتعذيبه امام( عثمان حميدة)!

Quote: Justice Sanji Monageng African Commission on Human and Peoples’ Rights Kairaba Avenue P.O. Box 673 Banjul, The Gambia 27 November 2008 Re: Request for provisional measures in terms of Rule 111 (1) of the African Commission’s Rules of Procedure Dear Justice Sanji Monageng, The request for provisional measures is submitted by the undersigned pursuant to article 55 of the African Charter on Human and Peoples’ Rights and Rule 111 (1) of the Rules of Procedure of the African Commission. The request for provisional measures is filed against the state of Sudan. Sudan ratified the African Charter on Human and Peoples’ Rights on 11 March 1986. The applicants allege that Mr. Osman Hummaida, Mr. Abdel Monim Elgak and Mr. Amir Suleiman have been arbitrarily detained incommunicado and subjected to torture, or threats of torture, by the Sudanese National Security and Intelligence Services (NISS). Osman Hummaida is still in custody, suffering from ill health. There is a serious risk of further torture, deterioration of the health of Osman Hummaida and prolonged incommunicado detention. The applicants seek provisional measures from Sudan to immediately release or charge Osman Hummaida, to refrain from any torture or ill-treatment, or threat thereof against Osman Hummaida, Abdel Monim Elgak and/or Amir Suleiman and to give Osman Hummaida access to a lawyer and a doctor of his choice. Facts The applicants allege the following facts: Osman Hummaida and Abdel Monim Elgak were arrested by NISS in Khartoum on 24 November around noon time, and held together with Amir Suleiman in the NISS offices in Bahri, North Khartoum. Osman Hummaida is a human rights activist and former director of the Sudan Organization against Torture (SOAT). Abdel Monim Elgak is also a human rights activist who used to work as researcher at SIHA (Strategic Initiative for Women in the Horn of Africa). Amir Suleiman is the director of the Khartoum Centre for Human Rights and Environmental Development (KCHRED), a Sudanese non governmental organisation. The three men were interrogated about their human rights activities. Osman Hummaida and Abdel Monim Elgak in particular were interrogated about their alleged work on and links with the International Criminal Court. Amir Suleiman was released around 9 pm on 24 November and subjected to further interrogation by the NISS from 9 pm on 25 November to 1 am on 26 November. He was taken to a dark room and threatened with torture and was released without harm after further interrogation. Abdel Monim Elgak was released at 2.30 am on 25 November only to be re-arrested on 9 pm on the same day. On 26 November, in the course of interrogations, Abdel Monim Elgak was subjected to torture by three members of the NISS. He was severely kicked in his face and beaten with sticks and a water hose all over the body, particularly on his feet, including beating under the soles (falaka), legs, back and bottom. He fainted but was woken up and was beaten again. Abdel Monim Elgak suffered injuries, such as a hole under his lower lips, as well as bleeding and swelling and has difficulty walking. He was released late on 26 November, detained for further questioning on 27 November and released again the same day. Osman Hummaida has been in incommunicado detention since his arrest on 24 November. Even though he has high blood pressure and asthma, he was not given access to a doctor. He was deprived of sleep, having only slept for two hours during the first three days of his detention. On 26 November, he looked visibly exhausted and informed Abdel Monim Elgak and Amir Suleiman that he had been tortured. He was made aware of the torture of Abdel Monim Elgak, which was used to intimidate him. During the night of 26 November, he was taken to hospital because of a rise in his blood pressure but was returned to detention after treatment. Osman Hummaida was being held incommunicado at the time of writing on 27 November, 8 pm Khartoum time. He has not been charged with any crimes or been brought before a judge to rule on the legality of their detention. Urgency Osman Hummaida is at grave risk of suffering irreparable harm as stipulated in Rule 111 (1) of the Rules of Procedure of the African Commission. In Interights (on behalf of Jose Domingos Sikunda) v. Namibia, the Commission stated that “in circumstances where . . . it is alleged that irreparable damage may be caused to the victim, the Commission will act expeditiously appealing to the Responding State to desist from taking any action that may cause irreparable damage until after the Commission has had the opportunity to examine the matter fully.” There is a high risk that Osman Hummaida will be subjected to further torture, resulting in further injuries and/or an aggravation of existing injuries and/or illnesses. He is particularly at risk given his weak state of health and the lack of proper medical assistance. Osman Hummaida is at grave risk of prolonged incommunicado detention as there are no effective remedies to challenge the legality of detention by the NISS. The prolonged incommunicado detention would not only in itself amount to a violation of article 5 of the African Charter on Human and Peoples’ Rights but would also enhance the risk of further ill-treatment and torture. Abdel Monim Elgak and Amir Suleiman are at risk of being re-arrested and being subjected to further torture and incommunicado detention. Requested provisional measures The applicants ask the Commission to request Sudan not to take any measures that would cause irreparable harm to Osman Hummaida and Abdel Monim Elgak, in particular, to: • refrain from any torture or ill-treatment of Osman Hummaida • bring charges against Osman Hummaida or to release him immediately • grant Osman Hummaida access to a judicial body to challenge the legality of detention • grant Osman Hummaida access to a doctor and counsel without delay • grant consular access to Osman Hummaida who is a UK national of Sudanese origin • refrain from any torture or ill-treatment, and/or arbitrary arrest and detention, of Abdel Monim Elgak and Amir Suleiman. Sincerely, Ali Agab Khartoum Centre for Human Rights and Environmental Development (KCHRED) South West Corner of the Saha Shaabia,- Aldeim Khartoum Sudan Tel: +249 183 572326 Fax: + 249 183 572324 Mob: + 249 912208397 Email: [email protected] Dr. Lutz Oette The Redress Trust 87 Vauxhall Walk London SE11 5HJ United Kingdom Tel: 004420 7793 1777 Fax: 004420 7793 1719 Email: [email protected]