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Re: بيان صحفي: اختطاف 13 سيدة وفتاة من معسكر "كالما" شرقي نيالا (Re: Raja)
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SOAT
Sudan Organisation Against Torture
Human Rights Alert: 15 November 2004
Darfur: Attack on Seraif and Kalma IDP Camp
On 9 November 2004, a group of police and security forces launched an attack on Seraif IDP camp in Hay AlGeer, 4 km west of Nyala. The attack took place at approximately 11:30 pm. It is alleged that the police and security forces beat the IDPs, with sticks and used tear gas on the IDPs. During the attacks, some shelters and tents were destroyed. The IDPs were intimidated and faced threats to leave the camp. Reportedly, around 300 IDPs were wounded and another 100s were injured by the tear gas. The police arrested 20 IDP's; including two children aged 11 and 13, and one American Journalist. All those arrested were taken to Nyala Central (Wasat) police station and all of them have been charged under articles 51 (Waging War against the State), 58 (Abetment to Mutiny) and 69 (Disturbance of Public Peace) of the 1991 Penal Code. The 20 IDPs were allegedly subjected to torture by the police forces during the arrest and en-route from the camp to the police station. The names of the detainees are as follows:
1. Mohamed Abdu Abdel Rahman, 43 yrs, Tanjour Tribe
2. Bakheata Adam Fani, 75 yrs, Zaghawa
3. Altahir Mohamed Hasabella, 53 yrs, Zaghawa
4. Hooda Farda Abaker, 60 yrs, Zaghawa, (F)
5. Fatima Moustafa Ahmed, 45 yrs, Zaghawa (F)
6. Zaineb Mohamed Abdel Rahman, 33 yrs, Zaghawa (F)
7. Hikma Ardaman Taj Aldean, 26 yrs, Zaghawa (F)
8. Om Alfougara Adam, 29 yrs, Zaghawa (F)
9. Awatif Ibraheam Ahmed, 13 yrs, Zaghawa, (F)
10. Asha Musa, 65 yrs, Zaghawa (F)
11. Dahbaya Ahmed Deyar, 40 yrs, Zaghawa, (F)
12. Om Bosh Alnour Haneen, 47 yrs, Zaghawa (F)
13. Hessain Gardea Abaker, 71 yrs, Zaghawa
14. Isam Aldean Ali Idrees, 11 Yrs, Zaghawa
15. Ibraheam Abaker, 45 yrs, Zaghawa
16. Ahmed Abdel Kaream Shaw, 52 yrs, Zaghawa
17. Hooda Shetta Kear, 65 Yrs, Zaghawa
18. Ali Idreas Ali, 24 yrs, Zaghawa
19. Abdella Yagoub Ishag, 25 yrs, Tama
20. Khalid Alsayouti, 51 yrs, Ta'aisha
21. Ramsfield Cadate, Journalist, American
All of the detainee's abovementioned were released on bail on 10 November 2004. SOAT lawyers are to submit a request to the attorney general to bring the cases before the courts, and we will represent them before the court including the American journalist.
In a separate incident, on 14 November 2004, at 3 am in the morning, the police forces in Kalma camp opened fire on the IDPs and in the air. It appears the shootings were intended to threatened and intimidate IDPs into complying with forced returns to their villages.
In the attack, one minor and an adult were reportedly killed and 6 wounded. Among those wounded was an eight months old baby. The details of those killed and wounded are as follows:
Killed
1. Ishag musa Adam Haround, 15 yrs, resident in sentre 5
2. Adam Abdel Aziz, 32 yrs, resident in centre 2
Wounded
1. Abu baker Idreas Abdel Shafi, 34 yrs, resident in centre 4
2. Mohamed Abdle Majeed Adam, 6 yrs resident in centre 4
3. Fatima Ismael Haroun, 33 yrs, resident in centre 4
4. Meryem Younis Adam, 32 yrs, resident in centre 6
5. Khadija Yagoub Abdella, 55 yrs
6. Abdel nabi Adam Abdella, 8 months
The 6 wounded IDPs have been hospitalised and receiving medical treatment at Nyala Hospital.
Background
There has been an escalation in violent attacks on IDPs in camps by security and police forces as part of strategic attempts to forcefully remove them from these camps back to their homes or to ‘safe designated areas’. The violence has resulted as many IDPs have refused to return to villages that are not their own original villages or to their own villages as heir villages remain unsafe. IDPs who have protested against these forced returns have been arrested, detained and tortured.
On 15 August 2004, the police forces in conjunction with the security forces and armed forces arrested 50 IDPs from Kalma IDP camp, 17 kilometres east of Nyala, southern Darfur state. The 50 IDPs alleged that they were tortured by the armed forces during their arrest from the camp to extract their confession that the men encouraged and abetted the IDPs in the camp to refuse to return back to their village. The IDPs were trials began the following morning on 16 August and were sentenced on 17 August 2004 by the Public Order Court in Nyala to one month imprisonment and 20,000 Sudanese Dinars (US$70).
Also On 31 July 2004, 22 IDPs from Kalma IDP camp were arrested and allegedly tortured by the National Security Agency (NSA) following attempts by the government to forcefully return people to their communities. The IDPs were charged under article 69 (public nuisance and disturbance) of the 1991 Penal Code. Their trial began on the same morning, 2 August 2004, at the Nyala Criminal Court and they were allowed to be represented by two lawyers, Mr. Mossad Ali and Mr. Mohamed Ali Hassan. At the end of the session, they were taken to Nyala General Prison; the next session was due to be held on 7 August 2004, the IDPs were sentenced to two months.
SOAT believes that the action of the government security apparatus constitutes forceful relocation or return of IDPs and refugees which is against all international humanitarian laws and the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977. Furthermore in the joint communiqué between the government of Sudan and the Secretary-General which is now enshrined in UN Security Council Resolution 1564 (2004) Adopted by the Security Council at its 5040th meeting, on 18 September 2004 stipulates under Section 3 Security that the GoS is “ensure that immediate action is taken to rebuild the confidence of the vulnerable population and that any return of the displaced to their homes is done in a truly voluntary manner in line with the current Humanitarian Ceasefire Agreement.” The much malign Humanitarian Ceasefire Agreement stipulates under Article 2 that all parties to the conflict must “Refrain from any act of violence or any other abuse on civilian populations”.
SOAT condemns the continued violations of the ceasefire agreement and the employment of coercive methods to persuade IDPs to return to their homes and the forced return of IDP's to unsafe areas. SOAT strongly urges the international community and the GOS to:
i. To investigate the attack on the IDP camp
ii. To ensure a fair and just trial for those arrested
Commit to the voluntary return of IDPs, ensure safe passage, and compensate IDPs for loss of livelihood caused by the arbitrary seizure of lands and to return these lands iv. Facilitate the immediate delivery of emergency supplies such as food and medicine to the severely affected villages
v. The international community should get involved with the disarmament of militias in light of the GoS’s lack of serious commitment to reigning in the Janjaweed
vi. Conduct an independent commission of inquiry into such crimes as war crimes and crime against humanity and genocide in Darfur, under the supervision of the African Union and the UN; to end the culture of impunity promoted by the GoS
Guarantee respect for human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards. The above recommendations should be sent in appeals to the following addresses:
His Excellency Lieutenant General Omar Hassan al-Bashir President of the Republic of Sudan President' s Palace PO Box 281, Khartoum, Sudan Fax: + 249 183 783223 Mr. Ali Mohamed Osman Yassin Minister of Justice and Attorney General Ministry of Justice Khartoum, Sudan Fax: + 249 183 788941 Mr. Mustafa Osman Ismail Minister of Foreign Affairs Ministry of Foreign Affairs PO Box 873, Khartoum, Sudan Fax: + 249 183 779383
Dr. Abdelmuneim Osman Mohamed Taha Advisory Council for Human Rights PO Box 302 Khartoum, Sudan Fax: + 249 183 770883
His Excellency Ambassador Mr. Mohamed Al- Hassan Ahmed Al-Haj Permanent Mission of the Republic of Sudan to the United Nations in Geneva, PO Box 335, 1211 Geneva, Switzerland, Fax: +4122 731 26 56, E-mail: [email protected]. SOAT is an international human rights organisation established in the UK in 1993. If you have any questions about this or any other SOAT information, please contact us:
Argo House Kilburn Park Road London NW6 5LF, UK Tel: +44 (0)20 7625 8055 Fax: +44 (0)20 7372 2656 E-mail: [email protected] Website: www.soatsudan.org
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