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 من منظمة العفو الدولية حول دارفور – عدد من الوثائق
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AMNESTY INTERNATIONAL
PRESS RELEASE
AI Index: AFR 54/064/2004 (Public)
News Service No: 144
Embargo Date: 8 June 2004 00:01 GMT
Sudan: Incommunicado detentions, unfair trials, torture and ill-treatment - the hidden side of the Darfur conflict
While international attention has focussed on the humanitarian crisis in Darfur, the failure of the legal system which underpins the human rights crisis has gone largely unnoticed, Amnesty International said today in a memorandum to the Sudan Government and the recently-appointed Sudanese Commission of Inquiry.
The vast majority of detainees in Darfur and those arrested outside Darfur in connection with the conflict are not told the reasons for their arrest and are not allowed access to lawyers, families, and medical assistance. They are denied their right to be brought promptly before a judge or other judicial official; the right to challenge the lawfulness of their detention and the right to be treated humanely. Torture is widespread.
"The failure of the justice system cannot be ignored. Injustice is not just a consequence of the conflict, it is one of its causes. These abuses, like the fighting, will worsen if immediate preventative measures aren't taken," Amnesty International warned.
"One reason the abuses have been so horrific and widespread in Darfur is that all members of the Janjawid militias who have killed, raped, looted and forcibly displaced people since April 2003 have benefited from complete impunity," Amnesty International said. "This lack of accountability for terrible crimes is a tragedy not only for the thousands who have suffered abuses but for the integrity of the whole Sudanese justice system."
"Members of the Janjawid suspected of serious human rights abuses go free while those suspected of sympathy with the armed opposition are held incommunicado without trial," Amnesty International said.
Those detained include lawyers, journalists, human rights defenders and students; many are prisoners of conscience arrested solely for expressing their opinions without advocating or using violence.
Saleh Mahmoud Osman, a well-known human rights lawyer from Nyala has been in detention since 1 February 2004 mostly in Kober Prison without charge or trial. Dr Mudawi Ibrahim Adam, director of a human rights organization with branches in Darfur went on hunger strike five weeks after his arrest in Khartoum on 28 December 2003 demanding to be brought to trial or released. He was then charged with nine offences including some carrying the death penalty. The "evidence" against him includes possessing public documents from Amnesty International. His trial is continuing.
"The detention of those who speak out, defend human rights or work for a solution to the crisis smothers free _expression in Sudan and hinders any work towards a solution by Sudanese civil society," Amnesty International said.
Torture is frequently and increasingly reported. Dr Ali Ahmed Daoud, a veterinary surgeon and Ali Hussein Dossa, a member of the South Darfur State Assembly were arrested in Nyala on 15 March with 20 others from the Fur ethnic grouping during a meeting in Ali Dossa's house in which they were reportedly discussing lobbying against Janjawid attacks. Both men were so severely beaten with sticks and cables that a doctor was called in. They remain in detention in Kober Prison without charge or trial.
Most detainees are kept in security or intelligence detention centres often in very poor conditions. One detainee fromTina on the Chad border, was flown to the military intelligence centre in al-Fasher where he stayed for four months. He told Amnesty International that : "I was never charged with any crime and I never saw anyone, not my family, not a lawyer. I was frequently beaten. They also gave me electric shocks to make me tell things. We had only one cup of water a day and the food was little and very bad. I was kept with 25 others in one cell which did not have any toilets. Three persons died in the detention centre while I was there. . ."
Incommunicado detention in centres of different security services provides conditions which facilitate torture and "disappearance". Amnesty International's memorandum calls for the abolition of Articles 31 and 33 of the National Security Forces Act, which allow the security forces to detain people incommunicado without charge and give them immunity from prosecution.
"Whilst we recognise the need for governments to take action to protect its citizens against threats from armed groups, it must be done in such a way which is consistent with international humanitarian and human rights law," Amnesty International said.
"Those detained simply for voicing their opinions should be immediately and unconditionally released," the organization said.
All others detained should be brought promptly to trial on recognizable criminal charges before normal courts in conformity with international standards for fair trial without recourse to the death penalty. "If this is not done they too should be released."
On 8 May 2004 the Sudanese government set up a Commission of Inquiry under former Chief Justice Daf'allah al-Hajj Yusuf to investigate "alleged human rights violations by armed groups in Darfur", the causes of the violations and to establish the facts about the human and material damage.
"The Sudanese government should widen the mandate of the Commission of Inquiry to ensure that its remit includes the investigation of human rights violations by government authorities", Amnesty International said. "The Commission of Inquiry should also have the right to visit all detention centres and report publicly on any human rights violations it finds."
Background
In 2001, the Sudanese government, faced with a growing security problem, including inter-ethnic attacks and a rise in banditry, set up Special Courts in North, South and West Darfur states, after declaring a state of emergency in the region. Trials in the Special Courts are deeply flawed. The presence of members of the security as judges calls into question the independence of the judiciary. Trials in these courts are summary and death sentences have been handed down after trials which lasted only an hour.
Conflict in Darfur has intensified since February 2003 when the SLA and later the Justice and Equality Movement (JEM) took up arms against the government. They complained about lack of government protection for agricultural ethnic groups from attacks by nomad militias and the marginalisation and underdevelopment of the region. The Sudan government then gave free rein to the nomadic militias known as the Janjawid to attack the villages of the mainly agricultural ethnic groups, such as the Fur, Masalit and Zaghawa. The Janjawid are now supported and funded by the government; they wear uniform and continue to attack, kill, rape and abduct civilians. About a million people have fled from their burnt villages and have taken refuge in towns in Darfur, while more than 120,000 have crossed the border into Chad.
Public Document
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Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق (Re: nada ali)
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[EMBARGOED FOR: 8 June 2004] Public
[Embargoed for: 8 June 2004] Public
amnesty international
Sudan
Darfur: Incommunicado detention, torture and special courts
Memorandum to the government of Sudan and the Sudanese Commission of Inquiry
8 June 2004 Summary AI Index: 54/058/2004
This memorandum presented to the government of Sudan and the Sudanese Commission of Inquiry underlines the failure of the legal system in Darfur.
In 2001, faced with a rising security problem in the Darfur states, which included inter-ethnic attacks mostly by nomad militias against sedentary groups and a rise in banditry, the government of Sudan chose a path of arbitrary repression. The state authorities limited individual rights by setting up special courts which held summary trials without the full right of defence.
At the same time, using Articles 31 and 33 of the National Security Forces Act, which allow the security forces to detain people incommunicado without charge and give them immunity from prosecution, even the summary justice system could be sidelined.
The failure to address ethnic tensions by using the police to protect the population and fair trials in the courts to judge criminals eroded the rule of law and created an atmosphere of injustice. Traditional mechanisms of reconciliation between ethnic groups which might have defused the situation were also bypassed.
Since April 2003, there have been no further arrests or detentions of those from nomad groups accused of attacking villages and killing villagers from sedentary groups. The government of Sudan has allowed the government-supported Janjawid nomad militias to kill, rape and loot with impunity. At the same time there have been scores of arrests of members of sedentary groups, not only of those suspected of supporting the Sudan Liberation Army (SLA) or Justice and Equality Movement (JEM) but also of many apparently targeted because they were community leaders, journalists, lawyers and human rights activists who were thought to be critical of the government.
The vast majority of detainees in Darfur and the detainees arrested outside Darfur in connection with the conflict are denied minimal rights. The security services detain and hold in detention without accountability. Detainees are rarely charged with any criminal offence and frequently not informed of any charges against them. They are routinely not given access to lawyer and family; not brought before a judge; not allowed to challenge the legality of their detention and held incommunicado.
Holding detainees without access to the outside world provides conditions in which torture may and does take place, and in Darfur there are widespread reports of torture. Detainees arrested in connection with the conflict are frequently held in military camps in closed areas or in security and intelligence force detention centres where torture is often routine and conditions of detention are extremely bad.
The memorandum also raises cases of reported “disappearances”, mostly of combatants of the SLA said to have “disappeared” after capture; the government denies holding them and their fate is unknown.
Recommendations to the government include the release of all prisoners of conscience and the release of other political prisoners if they are not brought promptly to fair trial on recognizably criminal charges before normal criminal courts. Amnesty International is also calling for prompt access of detainees to the outside world; registration of all detainees and their detention only in recognized places of detention; investigation of every allegation of torture and perpetrators to be brought to justice. The memorandum calls on the government to widen the mandate of the Sudanese Commission of Inquiry set up in May so that the Commission can look at human rights violations relating to detention, torture and the use of special courts.
This report summarizes an 18-page document (8,727 words), Sudan: Darfur: Incommunicado detention, torture and special courts (AI Index: AFR 54/058/2004) issued by Amnesty International in June 2004. Anyone wishing further details or to take action on this issue should consult the full document. An extensive range of our materials on this and other subjects is available at http://www.amnesty.org
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Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق (Re: nada ali)
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1
TABLE OF CONTENTS
Introduction 1
Background 3
An emergency and unfair justice system in Darfur 5
Arbitrary justice: Darfur before February 2003 7
Darfur: Detentions since April 2003 8
Detention of Prisoners of Conscience 10
Prisoners of Conscience arrested within Darfur 10
Prisoners of Conscience arrested in Khartoum 11
Detention of members of the Popular Congress 13
Torture and other ill-treatment 13
Cruel, inhuman or degrading conditions of detention 15
“Disappearances” 15
Conclusion 17
Recommendations 18
Sudan
Darfur: Incommunicado detention, torture and special courts
Memorandum to the government of Sudan and the Sudanese Commission of Inquiry
Introduction
International human rights standards lay down guarantees for all people arrested, detained or imprisoned. They include the right to be informed of the reasons for arrest; the right of access to lawyers, families, and medical assistance; the right to be brought promptly before a judge or other judicial official; the right to challenge the lawfulness of detention and the right to be treated humanely.
The vast majority of detainees in Darfur and the detainees arrested outside Darfur in connection with the conflict lack these minimum rights. The security services detain and hold in detention without accountability. Detainees are rarely charged with any criminal offence and frequently not informed of any charges against them. They are routinely not given access to lawyer and family; not brought before a judge, not allowed to challenge the legality of their detention and held incommunicado. Holding detainees without access to the outside world provides conditions in which torture may and does take place, and in Darfur there are frequent reports of torture particularly at the hands of the national security and intelligence agency, and of military intelligence.
Amnesty International has prepared this memorandum on incommunicado detention, torture, and unfair trials in order to present it to the government of Sudan and the Commission of Inquiry headed by former Chief Justice Daf’allah al-Hajj Yusuf set up to look into “alleged human rights violations by armed groups in Darfur”, in the hope that the government take action to redress the human rights violations described below and the expectation that the Commission of Inquiry will extend its inquiries to cover human rights violations by government authorities.
The report of the High Commissioner for Human Rights, presented to the UN Security Council on 7 May 2004, stated that an “international Commission of inquiry is required given the gravity of the allegations of human rights violations in Darfur, and the failure of the national legal system to address the problem.” This failure of the legal system in Darfur to ensure justice during the past years has been an important factor in the escalation of human rights violations. In particular, since 2003, the justice system has failed in its duty to bring the perpetrators of attacks against civilians to justice. Amnesty recognizes the right of a government faced with threats from an armed group to take action against the threat but actions must be in accordance with international humanitarian and human rights law. Those who have been detained include human rights defenders, lawyers, journalists and others detained simply for exercising their right to freedom of expression. Incommunicado detention and torture are routinely used and trials within Darfur are summary and unfair.
The memorandum discusses only Amnesty International’s concerns relating to the administration of justice, detention, torture and “disappearances” of those arrested in relation to the conflict in Darfur. Amnesty International has other serious concerns relating to Darfur which are not addressed in this memorandum: they include, but are not limited to, indiscriminate and deliberate bombing of civilians by government planes and helicopters; human rights violations by government-supported militias acting in coordination with the Sudanese army including unlawful killing of civilians, burning and #####ng villages; extrajudicial executions; rape; abductions; and forced displacement. The organization has also serious concerns relating to human rights violations elsewhere in Sudan: they include, but are not limited to, incommunicado detention and torture or other ill-treatment; cruel, inhuman or degrading punishments including the death penalty; killing of civilians by government militias; and limitations on the right to freedom of expression.
Amnesty International is aware that the armed political groups, the Sudan Liberation Army (SLA) and the Justice and Equality Movement (JEM) have also held people in detention. There have been reports of torture by the JEM, in particular of a group of detainees who were said to have been bound with chains and beaten in September 2003; two of them allegedly had a mixture of chilli, acid and petrol forced into their mouths. However, these concerns, which have been made public and raised with the concerned armed groups, are not the focus of this memorandum to the government of Sudan and the Commission of Inquiry.
In presenting this memorandum we are calling on the government of Sudan to ensure that its justice system conforms to the international human rights treaties it has ratified by releasing immediately and unconditionally all those detained simply for the non-violent expression of their beliefs. The Sudanese authorities should ensure that all other detainees are brought promptly to trial on recognizable criminal charges before normal criminal courts according to international standards for fair trial, benefiting from the presumption of innocence and the full rights of the defence. We ask the government to make a strong public statement that torture is never acceptable and to order a full investigation into all reported cases of torture. Those who have carried out torture should be brought to justice and their victims compensated. Cases of “disappearances” should be investigated, perpetrators of “disappearance” should be punished, and those who have “disappeared” who remain in prison should be freed if they are not promptly tried in fair trials on recognized criminal charges. Incommunicado detention under the security and intelligence agency must be abolished and all detainees should be held in good conditions in normal detention centres, under the responsibility of the justice department. All detention centres in Darfur should be subject to inspection by the justice department and the International Committee of the Red Cross.
In January 2003, in discussions with the Human Rights Advisory Council of the government of Sudan, Amnesty International recommended the setting up of a Commission of Inquiry to examine the factors behind the deteriorating situation in Darfur, investigate abuses and suggest mechanisms to bring to justice the perpetrators of human rights violations. On 8 May 2004, after months of human rights violations which have led to the devastation of much of Darfur and the forced displacement of over a million of the rural population, President General Omar Hassan al-Bashir, by Presidential Decree No 97, set up a Commission of Inquiry headed to investigate “alleged human rights violations by armed groups in the Darfur states”. Amnesty International calls on the President to widen the mandate of the Commission of Inquiry so that it is clear that its remit includes the investigation of human rights violations by government authorities. The Commission of Inquiry must have the power to protect witnesses and should report publicly on its findings, conclusions and recommendations. Amnesty International calls on the Sudanese authorities to give the Commission of Inquiry full access to all detention centres and to all detainees arrested in connection with the conflict.
Background
The humanitarian and human rights crisis in Darfur has been on the world’s agenda only since 18 March 2004 when the UN Coordinator for Humanitarian Affairs told the BBC that “this is the world's greatest humanitarian crisis, and I don't know why the world isn't doing more about it”. On 7 April, on the 10th anniversary of the Rwanda genocide, UN Secretary General Kofi Annan announced that he was sending a high level team to Darfur “to gain a fuller understanding of the extent and nature of this crisis, and to seek improved access to those in need of assistance and protection.” A fact-finding mission of the Office of the UN High Commissioner for Human Rights visited Chad from 5 until 15 April and Sudan from 20 April until 3 May. Their report was made public on 7 May 2004 and spoke of a “reign of terror” in Darfur caused by “largely ethnically based” attacks on civilians, including “killing, rape, pillage”, destruction of property and forced displacement by the government-supported militias known often supported by government Antonov aircraft and helicopters dropping bombs. The report said that many of these attacks “may constitute war crimes and/or crimes against humanity.”
A continuing conflict between nomad and sedentary groups in Darfur rapidly worsened after February 2003 when an armed group calling itself the “Sudan Liberation Army” (SLA) attacked the army and police forces in protest against the marginalisation of Darfur and complaining against the failure of the government to protect the mainly agricultural groups of Darfur.
However, the warning signs had been clear for many years. In January 2003 the first delegation from Amnesty International to be allowed into Sudan for many years visited al-Fasher in North Darfur state and held talks with the then Governor of the state and many government authorities, including police chiefs, judges, prosecutors, as well as with lawyers and villagers who had been victims of attacks. Rural groups spoke of “genocide” and a failure on the part of the government to protect them when armed nomad groups attacked villages, pillaged property and killed villagers. The government authorities and police stated that police were also killed in what they considered a regional problem of competition for scarce resources. Many of the killings were by bandits or were revenge killings. Amnesty International, in public statements in February, after the first SLA attacks, and in April 2003, called for reconciliation mechanisms to be used and the formation of a commission of inquiry should be set up to examine the complex causes of the deterioration of the human rights situation in Darfur and make recommendations to solve the crisis.
The call was ignored by the government which had, by the end of March 2003, decided to respond by force. After an attack by the SLA on al-Fasher airport on 25 April 2003, reportedly killing some 70 Sudanese military and destroying planes, attacks and arrests sharply increased. The government apparently gave free rein to the Janjawid to attack villages and kill civilians and arrested scores of community leaders from Masalit, Fur, Zaghawa and other sedentary groups.
In May 2003 Amnesty International sent the Government of Sudan a memorandum which raised concerns about killing of civilians in attacks and indiscriminate bombings in Darfur, forced displacement, and arbitrary incommunicado detention. In July 2003, the memorandum was made public as a report. The report concluded, as regards Darfur, that “the Government of Sudan has tried to resolve conflicts whose deep causes lie in problems of discrimination and justice by condoning or ordering actions which have violated human rights. Only when the human rights of all people in Sudan are taken into account can a durable peace develop”.
By September 2003, armed government-aligned militias had attacked thousands of villages in Darfur and hundreds of thousands of people had been internally displaced or sought refuge in Chad. A ceasefire brokered by Chad between the government and the SLA in Abéché in September 2003 broke down within two months. After a visit to Chad in November, Amnesty International made public a report entitled: Sudan: Darfur: “Too many people killed for no reason”. The report concluded that “The grave human rights abuses described in this report cannot be ignored any longer, nor justified or excused by a context of armed conflict” and called on the Government of Sudan to “acknowledge openly the extent of the human rights and humanitarian crisis in Darfur and take immediate steps to end it.”.
The scale of attacks is clear from the fact that today there is hardly a single village left inhabited and undamaged in much of Darfur. A Human Rights Watch researcher surveyed a 60 sq. km. area in April 2004 and found the area, once well-populated and farmed, to be completely deserted. The UN Inter-Agency Fact-Finding and Rapid Assessment Mission visiting Kailek town in South Darfur state in April 2004 noted that:
“The 23 Fur villages in the Shattaya Administrative Unit have been completely depopulated, looted and burnt to the ground (the team observed several such sites driving through the area for two days). Meanwhile, dotted alongside these charred locations are unharmed, populated and functioning ‘Arab’ settlements. In some locations, the distance between a destroyed Fur village and an ‘Arab’ village is less than 500 meters.”
Although Sudan aircraft and helicopters have bombed villages, the greatest devastation has been caused by attacks by the government-supported militias, the Janjawid. At first they appeared to be encouraged by the government. By the beginning of 2004 there was little doubt that they were supported, funded and armed by the government. The Janjawid attacked villages, burnt homes, raped and abducted and looted property and herds, wearing government uniforms, operating out of military camps, sometimes former camps of the Popular Defence Forces, and drawing government pay.
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Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق (Re: nada ali)
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2
An emergency and unfair justice system in Darfur
In 2001, faced with a rising security problem, which included inter-ethnic attacks and a rise in banditry, the government of Sudan chose a path of arbitrary repression, diminishing safeguards for the individual before the courts. The failure to address tensions by using the police to protect the population and fair trials in the courts to judge criminals eroded the rule of law and created an atmosphere of injustice. Traditional mechanisms of reconciliation between ethnic groups which might have defused the situation were also bypassed in this repressive policy.
In 2001 Special Courts were set up in North, South and West Darfur states by separate decrees, following a declaration of a State of Emergency in the region. Whilst Special Courts still operate in North and West Darfur, in April 2003 Special Courts in South Darfur were replaced by Specialized Criminal Courts. The decrees are broadly similar.
The guarantees for fair trial, laid down in Article 14 of the ICCPR, include the right to a fair and public hearing by a competent, independent and impartial tribunal; the presumption of innocence; the right to be informed promptly and in detail of the charges; to have adequate time and facilities for the preparation of the defence; and to communicate with counsel of one’s own choosing; not to be compelled to testify against oneself; to examine, or have examined, the prosecution witnesses and to obtain the attendance and examination of defence witnesses; and the right to review of the sentence by a higher tribunal. Most of these rights are not allowed to those tried in Darfur’s special courts.
While the ICCPR allows the derogation of some rights in a time of public emergency “which threatens the life of the nation”, the Human Rights Committee, the panel of experts to examine implementation of the ICCPR, has stated the view that some of the core fair trial rights of Article 14 should be non-derogable. The African Charter contains no emergency clause and therefore allows no derogation from the rights it enshrines.
The Special Courts are headed by one civilian and two military judges; the military judges do not need to have any legal qualifications. The Decree on the Establishment of a Special Court in Al-Fasher (Decree No. 21 for 2001 of the State Governor) states in Article 5:
“c) The evidence of finger-prints is enough [for a conviction] and there is no need for further supporting evidence.
d) The Court accepts the confession of the accused and considers it as evidence if it is convinced by this confession.
e) If the accused withdraws his confession, the Court shall take the confession into account as evidence against the accused. The accused has no right to withdraw his confession.”
At no point does the decree stipulate that confessions extracted under torture should not be used.
The jurisdiction of the Darfur Special Courts and the Specialized Criminal Courts cover a wide range of offences including armed robbery and haraba (banditry); unlicensed possession of firearms; crimes under articles 50-57 of the Penal Code (offences against the State); public order offences; and “anything else considered a crime by the Wali (Governor) of the State or the Head of the Judiciary” (Article 4). Under Article 5(g) of Decree No. 21, “lawyers have no right to appear before the courts to represent the accused. The friend of a defendant can appear instead to provide help before the court”. Sentences over five years’ imprisonment can be appealed within seven days to the Darfur Court of Appeal, whose verdict is final except in cases involving amputation or the death penalty, which may be appealed to the Supreme Court in Khartoum and the Constitutional Court, which has sometimes overturned cases because of lack of evidence.
Trials by Special Courts in North and West Darfur are deeply flawed. The presence of members of the security as judges calls into question the independence of the judiciary. Trials in these courts are summary and death penalties have been handed down after trials which have only lasted an hour. The detainees have only very limited and insufficient rights of defence, lawyers are only allowed to be present as “friends” and to meet the defendant for short periods of time, sometimes only just before the trial and without sufficient time to examine the case file. Torture is often reported and confessions made under torture are accepted as evidence. Frequently the presumption is one of guilt rather than of innocence, which is one of the preconditions of a fair trial.
In the Special Courts lawyers have used the possibility of appearing as the “defendant’s friend” to plead on behalf of the accused, but this position does not give them the same rights as an appearance as defence counsel in the ordinary courts. They do not have the same right of access to the case file or to make a final plea (although the Special Court sometimes grants them these). The lawyer as “friend” has no right to cross-examine prosecution witnesses or to call defence witnesses.
In April 2003, Specialized Criminal Courts replaced the Special Courts in South Darfur. The Specialized Criminal Courts are headed by a civilian judge only. Though, in one improvement, they accept legal representation for the accused during the trial session, appeal is not allowed except appeal against sentences such as the death penalty, amputation or life imprisonment, which can be made within seven days to the Chief Justice of South Darfur State. His decision is final, which means that such sentences are no longer to be reviewed by the Supreme Court or the Constitutional Court of Sudan, therefore restricting further the chances of appeal for persons convicted to death or amputation under the Specialized Criminal Courts. The procedures of the Specialized Criminal Courts are still summary and the regulations on the use of confessions as evidence are similar to those of the Special Courts. Lawyers claim that, despite now being able to represent the accused before the Specialized Criminal Courts, they are not allowed to visit them in detention prior to the trial session. Normally they have only limited right to question prosecution witnesses and to call defence witnesses. Special Courts in North and West Darfur States still operate according to the 2001 decrees.
Arbitrary justice: Darfur before February 2003
Between 2001 and 2003 the Government of Sudan often reacted to the growing complaints from the sedentary population of attacks and the rise of banditry in Darfur by indiscriminate arrests. “Arab” and “African” ethnic groups were all the victims of this arbitrary justice. In April 2002 136 members of the Rizeiqat (Arab) ethnic group in South Darfur were arrested on charges of armed banditry (haraba) for an attack against members of the Ma’aliya, another Arab ethnic group. After an unfair trial before a Special Court where lawyers were only allowed to defend as “friends” and the judge refused to consider allegations that confessions had been extracted by torture, 88 defendants, including two children, were sentenced to death. Two years later, the case remains under appeal and the defendants remain on death row.
Until the beginning of 2003, action was taken against those from nomad groups who allegedly attacked villages. But sometimes it was heavy-handed, hitting leaders of both communities who were detained in incommunicado detention without charge or trial.
§ For instance, after an attack (said by the government to be a revenge attack for the killing of an Arab) by an armed Arab group on Shoba village near Kabkabiya on 28 April 2002 when 17 people were killed and 16 injured, 10 Shoba community leaders were arrested and detained, mostly incommunicado, for four months in Shala Prison in al-Fasher, in Port Sudan Prison and then under house arrest in Wad Medani. At the same time a number of leaders of Arab groups were also arrested and held incommunicado for some months; they include Musa Hilal, the Nazer (chief) of the Mahamid, said to be a leader of the Janjawid, and Shaikh Abdel Baqi Abdel Rahman Abdel Baqi of the Zeilat.
At other times those who were rounded up were tried in a trial so unfair that it left permanent doubt as to their guilt.
· For instance, 38 members of various ethnic groups were arrested in January 2003 and accused of killing 35 people from Singita village on 31 January 2002. They were held in incommunicado detention for two months and tried before a Specialised Criminal Court in Nyala in a grossly unfair trial; they were defended by just three lawyers who were allowed to ask only four questions each. Evidence from prosecution witnesses was inconsistent, but nevertheless 26 defendants, including one 15-year-old boy, were sentenced to death on 26 April 2003. Lawyers claimed that the real perpetrators came from another ethnic group and those detained were arbitrarily arrested. A Special Appeal Court commuted the sentence on the boy to 25 lashes; the appeal on the others condemned to death is still pending before the Supreme Court.
Darfur: Detentions since April 2003
Since the decision was made by April 2003 to use repression rather than reconciliation to repress the revolt of the SLA, and later of the Justice and Equality Movement (JEM), there have been no further arrests or detentions of those accused of attacking villages and killing villagers of sedentary groups (though trials of those already in detention continued). The nomad militias, the Janjawid, appear to have been given free rein to attack villages, burn houses and kill civilians.
Meanwhile, there were dozens of arrests mostly in towns throughout Darfur. Most of those arrested appear to have been suspected of links with the SLA or the JEM; many of the arrests appear to have been arbitrary. Many appear to have been arrested simply because they were members of the same ethnic group or relatives of members of the SLA and the JEM; others appeared to be arrested because they enjoyed a high status within their community. The arrests of 2003 were characterised by the fact that those detained were only extremely rarely brought before any judicial authority. They were held incommunicado for up to five months in poor conditions, often amounting to cruel, inhuman or degrading treatment, and there were frequent reports of torture.
The detention of suspects for up to nine months without charge is allowed under Article 31 of the National Security Forces Act. Article 32 gives the detainee the right to inform and communicate with his family only “if it does not prejudice the progress of the investigation”; the same article states that a detainee should not be hurt “physically or morally” and states that an attorney from the prosecutor’s office niyaba) should inspect places of detention. However, these limited safeguards have been consistently ignored. Article 33 gives the national security agency immunity from prosecution.
The September 2003 ceasefire envisaged a prisoner exchange, and a large number of detainees were released by the army and by the armed groups. However arrests recommenced on a smaller scale soon after the ceasefire was signed on 6 September.
The ceasefire was renewed but by November 2003 it had collapsed. In November and December scores of people were detained. Many of them had been detained on previous occasions. Those detained were consistently held incommunicado, normally not brought before a judge and frequently tortured and ill-treated.
After strong pressure from the international community a further ceasefire was signed on 8 April 2004. Article 5 of the ceasefire agreement stated that: “The parties have decided to free all the prisoners of war and all other persons detained because of the armed conflict in Darfur;” A number of detainees were released but many of those held in connection with the conflict remained in detention. In addition, some detainees arrested in connection with the conflict, including lawyers, were transferred to elsewhere in Sudan; some were held in the notorious, mosquito-ridden Debek Prison north of Khartoum (they were transferred to other prisons at the beginning of May 2004 after strong protests). Other detainees arrested in connection with the conflict, including members of the Popular Congress , were held in Kober Prison, Wad Medani Prison and other detention centres in Sudan. Many of those detained were prisoners of conscience, detained solely for the non-violent expression of their beliefs. Among them was Dr Mudawi Ibrahim Ahmed, the director of a human rights organization with links with Darfur, who remained under house arrest. After carrying out a hunger strike to demand a trial, he is the only one of more than 100 detainees to be undergoing trial on vague charges which carry the possibility of the death penalty.
The National Security Forces Act encourages the security forces to ignore the courts, and this is what has happened in Darfur over the past year with regard to political arrests. One of the few political cases known to have come to court since April 2003 is that of al-Tayeb Ali Ahmed, who was tried with two others before the al-Fasher Special Court and sentenced to death on 27 January 2004 for offenses against the state, including “waging war against the state” (Penal Code Article 51). He and his co-defendants were arrested in November 2003 and charged in connection with the SLA attack on al-Fasher airport in April 2003 (although those arrested earlier in connection with the attack had already been released under the terms of the September 2003 ceasefire). During the period of his detention, the security forces allegedly tortured him by beating him with sticks, pipes, hoses and hands, and he was denied any medical treatment. During the trial the defendants had no legal representation and were reportedly convicted on the basis of their confessions taken under torture. Lawyers were only alerted to the case by chance and submitted an appeal, which is still pending, on the last day of the seven-day legal appeal period.
Detention of Prisoners of Conscience
The Sudanese government has not only banned free discussion of Darfur in the newspapers, it has severely limited the diffusion of information and banned the diffusion of comments which criticise government policy on Darfur. Those targeted have been journalists, media workers, lawyers and human rights activists from Darfur.
Some of those detained, including many high profile detainees, have been arrested in Darfur and later transferred to prisons elsewhere in the Sudan. Many people originating from Darfur have been arrested in Khartoum, Omdurman and other cities.
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Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق (Re: nada ali)
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3
Prisoners of Conscience arrested within Darfur
Many of those arrested in Darfur have been prisoners of conscience or possible prisoners of conscience arrested for trying to obtain or spread information about the situation in Darfur, or even just to discuss the crisis and ways to lobby the government. From the beginning of the conflict there has been strict censorship on writing on Darfur. Many of those arrested in Darfur as prisoners of conscience have also suffered torture or other ill-treatment.
· Yusuf al-Bashir Musa, the Nyala correspondent of the Khartoum newspaper al-Sahafa, (Newspaper) was arrested on 3 May 2003 and taken to the security office in Nyala where he was beaten with wood on the feet, arms, buttocks and chest. A lawyer asked to meet him at once, but was allowed access only on the fourth day. A doctor saw him on the same day recorded the marks left by the beatings. He was charged with publishing incorrect information against the state under Article 26 of the 1998 Emergency Act. He was then transferred to Nyala Prison where his treatment improved. He was released without charge on 24 May. He filed a plaint to demand compensation for the torture he had received, but this has not yet been heard.
· Ibrahim Yusuf Ishaq, aged 40, a well-known lawyer and a former member of the South Darfur Legislative Council, was arrested on 15 November 2003, with two journalists, Gassem Taha of the newspaper al-Sahafa and Muhannad Hussein, of al-Akhbar al-Yawm (the News Today). Ibrahim Yusuf Ishaq, who comes from Singita, had taken the journalists to photograph and film the burnt houses and property in the two Fur villages after recent attacks by the Janjawid. All were released after 11 hours questioning, but Attorney Ibrahim Yusuf Ishaq was ordered to return the next day and detained in custody. Lawyers were refused visits to him and he remained in detention until March. Gassem Taha and Muhannad Hussein were ordered to report to the security agency for about a month on a daily basis.
· Osman Adam Abdel Mawla, aged 39, a human rights activist working for the Nyala office of the Sudan Social Development Organisation (SUDO, see below), was detained by the national security and intelligence agency on 5 May 2004, apparently due to his humanitarian and human rights activities for SUDO. He was travelling from Nyala to Zalingei when he was taken off the bus at a checkpoint some five kilometres from Zalingei. He was detained at the national security office in Zalingei and released on 18 May after 13 days incommunicado detention without having been interrogated and without ever knowing the reason for his arrest. On his return to Nyala he was not given a permit to leave the city again for his work.
· On 9 May 2004 two omdas (local village leaders) were arrested from the street in Kabkabiya: Nureddin Mohammad Abdel Rahim, omda of Shoba, and Bahr al-Din Abdullah Rifah omda of Jabal Si. They had been at a meeting in the town called by the International Committee of the Red Cross and attended by the province administration where they had reportedly spoken about the fear of the persons internally displaced from the rural areas and the difficulty they felt in returning to their villages because of the danger of harassment and further attacks by the Janjawid. They were reportedly arrested from the street after the meeting. They were released after about two days.
Prisoners of Conscience arrested in Khartoum
There has been such a heavy clamp down on the issue of Darfur in the media that few people in the rest of the Sudan have a good understanding of what is happening in Darfur unless they have friends from the Darfur communities which have been targeted. Most see the conflict as primarily a tribal conflict, and this is the impression that the government tries to present to the media. Human rights organizations, lawyers and activists within Sudan have courageously acted to defend those arrested and to speak openly on human rights violations, but some have been targeted as a result. Editors of newspapers which try to present more information on the conflict may find the print run of the paper seized, and themselves charged under articles of the Penal Code such as Article 103 (threatening the security of the country) or Article 66 (publication of false news).
For the Sudanese Government the most dangerous source of information are satellite TV channels which may not be seized before publication and will be watched in many homes. Al-Jazeera, the Qatar-based independent channel, has been one source of information on Darfur and this is the satellite agency most targeted by the government. By the end of 2003 the government started to target al-Jazeera and its bureau chief, Islam Salih Belo, a reporter close to Hassan al-Turabi’s Popular Congress which is accused of being the instigator of the JEM armed group in Darfur. After mounting pressure warning the channel that it would react if they did not tone down their reporting on Darfur the security agency entered al-Jazeera office on 17 December 2003 and confiscated a transmitter and three cameras, stating that customs formalities had not been completed. The following day they closed the office and arrested Islam Salih Belo, who was detained for six days. According to AFP, the national security agency stated that: "The Al-Jazeera channel, through its Khartoum office and its correspondent, Islam Salih Belo, took to preparing and transmitting a number of programmes and materials stuffed with false information and poor, biased analyses and with pictures and scenes selected to serve its ends". It cited as evidence reports about tuberculosis, landmine victims in Sudan and events in the western Darfur region. It said the bureau "will be reopened only after the channel's headquarters takes steps for correcting the mistakes, redressing the shortcomings and appointing to the office responsible persons who can discharge the message of the channel in a neutral and professional manner."
Dr Mudawi Ibrahim Adam, the Director of the Sudan Social Development Organization (SUDO), a voluntary organisation created to promote sustainable development and human rights, was arrested at his home in Khartoum, the capital of Sudan, on 28 December 2003. SUDO has a network of human rights activists and has been engaged in providing non-food items to internally displaced people in Darfur, western Sudan. Dr Mudawi, who comes from Darfur, had made many visits to the region and had recently come back from the area when he was detained.
Dr Mudawi was first held in Khartoum’s national security centre and then in Kober Prison under Article 31 of the National Security Forces Act which allows people to be held for up to nine months without trial. On 7 February he started a hunger strike demanding to be charged and brought to trial or released. He ended the hunger strike after two days when he was brought before the Attorney General. He was then charged with some nine offences under the Penal Code, many of them carry the death penalty and do not allow release on bail: offences against the state under Articles 50, 51 and 56 of the Penal Code. He was also charged with provoking hatred against or among sects under Articles 63 and 64. He was held with criminal detainees in the detention cells of the Attorney General’s office until he was moved, in April, to remain under house arrest. The 14 documents brought as evidence against him included two Amnesty International Urgent Actions, (one of which was not about Darfur). The trial is continuing.
Many of those detained from Darfur in Sudanese prisons are lawyers: they include Saleh Mahmoud Osman, a human rights lawyer based in Nyala, who worked on many political cases and provided legal aid to those facing the death penalty. He was arrested at 11pm on 1 February from his wife’s home in Wad Medani and is still detained. His family has not been allowed to visit him for the past two months. Many other lawyers from Darfur based in Khartoum, such as and Barud Sandal, one of the lawyers of Dr Mudawi; Muhammad Omer Muhammad; Ismail Omar; and Mohammad Abdallah Duma have been detained in Kober and other prisons for weeks or months. Lawyers from Darfur in Khartoum have often been a focus for people from Darfur to visit their offices to exchange information on Darfur; this may be a reason why so many have been detained. Following the fate of Dr Mudawi Ibrahim, whose demand to be charged or tried led to a variety of charges carrying the death penalty, other detainees arrested by the security agency have not demanded a fair trial, preferring to hope that the political situation will eventually ensure their release.
Detention of members of the Popular Congress
All members of the Popular Congress, including Dr Hassan al-Turabi, who had been detained for two years, were released in October 2003. However, on 29 and 30 March 2004 more than 15 members of the Popular Congress were arrested alongside about 10 army officers. They were accused of various offences including preparing a coup and plotting to blow up a power station. A statement by the government said that Hassan al-Turabi was detained for "inciting violence and ethnic and regional conflicts in various states of the country". The relationship between the Popular Congress and JEM was widely thought to be behind the detentions. By 11 May 2004 some 69 followers of Dr Hassan al-Turabi had been detained. No one has yet been brought to trial.
Torture and other ill-treatment
Amnesty International has noted that over the past years torture of detainees appears to be widespread in Darfur and more frequently recorded than from elsewhere in the Sudan. Although many allegations of torture have been raised in court, there has been no known investigation into any of these allegations.
· Thirty people in Kornoy arrested at the end of April 2003 were all reportedly tortured. They were released after 20 days and, allegedly, the marks of beatings and burnings were still visible on their bodies. Two, Sherif Ahmed Farjekabir and Abubaker Zakariya, were so badly burnt they were taken to hospital.
· In a conflict between two Arab ethnic groups, the armed forces arrested 45 Ma’aliya from Adila in South Darfur state on 4 May 2003. They kept all in incommunicado detention for two months and, in order to force then to confess to killing seven members of the Rizeigat, tortured eight of them, including Hassan Mohammad Ismail and al-Tayeb Yusuf Ajib, reportedly by beatings and inserting metal objects into the anus. After the torture had been widely raised inside and outside the court the special court dismissed the case against all but one defendant through lack of evidence. One defendant, a Dinka, Abdallah Agai Akot, was sentenced to death. He also had reportedly been tortured by beating in order to confess to the crime. His appeal remains pending.
· Dr Ali Ahmed Daoud, a veterinary surgeon, and Ali Hussein Dossa, a member of the South Darfur State Assembly, were arrested on 15 March 2004 in Nyala. Dr Ali Ahmed Daoud was attending a meeting in Ali Hussein Dossa’s house with about 20 other people, all believed to be members of the Fur ethnic group. They were reportedly discussing ways of lobbying the government to take firm steps to end attacks against villages in the region by the government-backed Janjawid militia. Members of the Sudanese security forces are said to have broken up the meeting and detained Dr. Ali Ahmed Daoud, Ali Hussein Dossa and the estimated 20 others who were present, accusing them of having links with rebel groups. The others have reportedly been released. Both men were reportedly so severely tortured that a doctor was sent for. They were said to have been accused with spying for the SLA, but have not been brought to trial. They were transferred to Kober and then to Debek, and are now held in Kober. Twelve students of Nyala University arrested at the same time were held for three days during which the security officers reportedly beat them with wooden sticks and electric cables. The students said that members of the security agency poured cold water over their bodies, forced them to do hard physical exercises and abused them verbally saying African tribes were slaves.
· A number of arrests reportedly followed by torture, at the hands of national security or military intelligence were reported from Buram after an SLA attack on the town in mid-March. Eight people, Al-Sadeq Ahmed Harba, 32, from Nyala, Haroun Bashir, 35, a fish trader; Abdu [other names unknown], a cooking oil trader; Mohammad Yusuf, 43, a sorghum trader; Mohammad Adam Huri, 45, headmaster of Legaid Diba Primary School; Zakariya Madibo, 60, a sorghum trader; Mohammad Ahmed Abu Kantosh, 55; and. Al-Faki Abdallah Kiraykiro, 45, an Islamic cleric, were held for nine days in a military camp where they were reportedly beaten with sticks and gun butts, tied upside-down to a tree and tied together in the back of a truck for four days without food and water. Interrogators allegedly inserted an iron bar into the rectum of Haroun Bashir. After nine days they were transferred to the military prison in Nyala, where they were not given any food for three days. In Nyala one detainee, Al-Sadeq Ahmed Harba, was released; the other detainees are believed to be held in the military prison in Nyala where lawyers have no access to them..
· Abdel Karim Jaber Narow, aged 48, a merchant, and Abdel Shafi’ Badawi Bashir, aged 35, a merchant from Nyala, both Zaghawa, were arrested at 9am on 29 March 2004 at Abdel Karim Jaber Narow’s shop in Buram, South Darfur, by the national security agency. They were held at Buram police station for one month without charge or trial. They were apparently suspected of having helped the SLA attack on Buram, including Buram hospital, in March and during their detention were allegedly beaten with hands and metal rods on their backs and stomachs, whipped with water hoses and kicked all over their bodies. They were reportedly denied medical treatment and are still detained in Buram Prison.
Cruel, inhuman or degrading conditions of detention
Most of those detained in Darfur in connection with the conflict have been held, not in prisons, where conditions are relatively better, but in centres of the security forces or the intelligence (merged in March 2004 to form a combined agency called the National Security and Intelligence Agency) and in military or military intelligence centres. It is difficult of impossible for lawyers or family to gain access to detainees in military centres which are located in military areas. Two detainees from Tina held in al-Fasher, described the conditions in the military intelligence centre there as extremely bad.
“I was taken from Tina by air to the offices of the military intelligence in Al-Fasher. There I remained for four months. I was never charged with any crime and I never saw anyone, not my family, not a lawyer. I was frequently beaten. They also gave me electric shocks to make me tell things. We had only one cup of water a day and the food was little and very bad. I was kept with 25 others in one cell which did not have any toilets. Three persons died in the detention centre while I was there: Sheri’ Abdel Rahman, from Tina, Abdel Rahim Taharja, a lawyer from Kutum, and Hagar Yusuf Hagar. He grew sick and no one brought a doctor to him till he died”.
In March 2004 a number of detainees from Khartoum were transferred from Kober Prison, where there is a section controlled by national security for mainly political detainees held without trial under Article 31 of the National Security Forces Act, to Debek Prison some 40 km north of Khartoum. One human rights defender described Debek as a prison “where you put those you want to humiliate”; it is said to be filthy, hot, full of mosquitoes, and with aggressive guards. After protests from human rights activists and families in the Sudan, the detainees were transferred at the beginning of May and scattered in prisons throughout the country.
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Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق (Re: nada ali)
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وثيقة عامة
رقم الوثيقة: AFR 54/064/2004 بيان صحفي رقم: 144
يُحظر النشر قبل الساعة 00:01 بتوقيت غرينتش من يوم 8 يونيو/حزيران 2004
السودان: الاحتجاز بمعزل عن العالم الخارجي، والمحاكمات الجائرة، والتعذيب وسوء المعاملة- الجانب الخفي من الصراع في دارفور
قالت منظمة العفو الدولية اليوم، في مذكرة مقدمة إلى الحكومة السودانية وإلى اللجنة السودانية لتقصي الحقائق التي شُكلت مؤخراً، إنه بينما يتركز الاهتمام الدولي على الأزمة الإنسانية في دارفور، فإن قصور النظام القانوني، والذي كان من الأسباب الأساسية لتعزيز أزمة حقوق الإنسان، لم يحظ باهتمام يُذكر.
فالملاحظ أن الغالبية العظمى من المعتقلين في دارفور، وأولئك الذين قُبض عليهم خارج دارفور لأسباب تتعلق بالصراع هناك، لا يُبلغون بأسباب القبض عليهم، ولا يُسمح لهم بالاتصال بالمحامين أو بالأهل أو بالحصول على مساعدات طبية. ويُحرم هؤلاء المعتقلون من حقهم في المثول أمام قاض أو مسؤول قضائي على وجه السرعة، وحقهم في الطعن في قانونية احتجازهم، وحقهم في أن يُعاملوا معاملةً إنسانية. كما يتفشى التعذيب.
وقالت منظمة العفو الدولية محذرةً إنه "لا يمكن تجاهل القصور في النظام القضائي. فالظلم ليس مجرد نتيجة من نتائج الصراع، ولكنه أحد أسبابه. وسوف تزيد تلك الانتهاكات سوءاً، شأنها شأن القتال، ما لم تُتخذ إجراءات وقائية على وجه السرعة."
ومضت المنظمة قائلةً إن "أحد الأسباب لفظاعة الانتهاكات وتفشيها في دارفور يتمثل في أن جميع أفراد الميليشيات المعروفة باسم "الجنجويد"، والذين ارتكبوا أعمال قتل واغتصاب وسلب وتشريد قسري للسكان منذ إبريل/نيسان 2003، قد تمتعوا بحصانة كاملة من العقاب والمساءلة. ويُعد انعدام المساءلة عن الجرائم الرهيبة بمثابة مأساة، لا بالنسبة للآلاف الذين كابدوا ويلات هذه الانتهاكات فحسب، بل ولسلامة وتكامل النظام القضائي السوداني بأسره."
وأضافت المنظمة تقول إن "أفراد ميليشيات الجنجويد المشتبه في ارتكابهم انتهاكات جسيمة لحقوق الإنسان ينعمون بالحرية، بينما يُحتجز المشتبه في تعاطفهم مع المعارضة المسلحة بمعزل عن العالم الخارجي دون محاكمة."
ومن بين المعتقلين محامون وصحفيون ودعاة لحقوق الإنسان وطلاب، ويُعتبر كثيرون منهم في عداد سجناء الرأي، حيث اعتُقلوا دونما سبب سوى التعبير عن آرائهم دون أن يستخدموا العنف أو يدعوا إلى استخدامه.
فقد ظل صالح محمود عثمان، وهو من المحامين المرموقين في مجال حقوق الإنسان ومن مدينة نيالا، رهن الاعتقال بدون تهمة أو محاكمة منذ 1 فبراير/شباط 2004، وأمضى معظم هذه الفترة في سجن كوبر. أما الدكتور مضوي إبراهيم آدم، وهو مدير منظمة معنية بحقوق الإنسان لها فروع في دارفور، فدخل في إضراب عن الطعام لمدة خمسة أسابيع عقب القبض عليه في الخرطوم يوم 28 ديسمبر/كانون الأول 2003، وذلك للمطالبة بتقديمه للمحاكمة أو إطلاق سراحه. وعندئذ، وُجهت له تسع تهم، وبعضها يُعاقب عليها بالإعدام. ومن بين "الأدلة" المقدمة ضده حيازة وثائق عامة صادرة عن منظمة العفو الدولية. ولا تزال محاكمته مستمرة.
وتتواتر أنباء التعذيب بشكل متزايد. ففي 15 مارس/آذار، اعتُقل في نيالا الدكتور علي أحمد داود، وهو جراح بيطري، وعلي حسين دوسه، وهو نائب في المجلس الوطني السوداني (البرلمان) عن جنوب دارفور، مع 20 آخرين من جماعة "الفور" العرقية، وذلك خلال اجتماع في منزل علي دوسه، كانوا يناقشون فيه مسألة القيام بمساع لكسب التأييد في مواجهة هجمات ميليشيات "الجنجويد"، حسبما ورد. وتعرض الرجلان للضرب المبرح بالعصي والأسلاك لدرجة اقتضت استدعاء طبيب لإسعافهما. ولا يزال الاثنان محتجزين في سجن كوبر بدون تهمة أو محاكمة.
ويُحتجز معظم المعتقلين في معتقلات تابعة للأمن أو المخابرات وفي ظروف بالغة السوء في كثير من الأحيان. فعلى سبيل المثال، نُقل أحد المعتقلين من بلدة الطينة على الحدود مع تشاد جواً إلى مركز المخابرات العسكرية في الفاشر حيث ظل محتجزاً لمدة أربعة أشهر. وقد قال لمندوبي منظمة العفو الدولية: "لم تُوجه إلي مطلقاً أية تهمة بارتكاب أية جريمة، ولم أقابل أحداً بالمرة، سواء من عائلتي أو من المحامين. وكثيراً ما كنت أتعرض للضرب، كما عرضوني لصدمات كهربائية لإرغامي على إخبارهم بأشياء. لم يكن يُقدم لنا سوى كوب من الماء في اليوم، وكان الطعام قليلاً وفي شدة السوء. احتُجزت مع 25 آخرين في زنزانة واحدة لا توجد بها مراحيض. وتُوفي ثلاثة أشخاص في المعتقل أثناء وجوجي هناك."
ويتيح الاحتجاز بمعزل عن العالم الخارجي في مراكز اعتقال تابعة لأجهزة الأمن المختلفة ظروفاً مواتية لوقوع التعذيب وحوادث "الإخفاء". وتدعو المذكرة المقدمة من منظمة العفو الدولية إلى إلغاء المادتين 31 و33 من "قانون قوات الأمن القومي"، اللتين تجيزان لأفراد قوات الأمن احتجاز أشخاص بمعزل عن العالم الخارجي، كما توفران لهم حصانة من المقاضاة.
وقالت منظمة العفو الدولية "إذا كانت المنظمة تقر بحاجة الحكومات إلى اتخاذ إجراءات لحماية مواطنيها من التهديدات التي تمثلها جماعات مسلحة، فمن الواجب أن يتم ذلك على نحو يتماشى مع القانون الدولي الإنساني والقانون الدولي لحقوق الإنسان. ومن ثم، ينبغي الإفراج فوراً ودون قيد أو شرط عمن اعتُقلوا لمجرد إفصاحهم عن آرائهم."
أما جميع المعتقلين الآخرين، فينبغي إحالتهم للمحاكمة على وجه السرعة، استناداً إلى تهم جنائية معترف بها، أمام محاكم عادية بما يتماشى مع المعايير الدولية للمحاكمة العادلة ودون اللجوء إلى فرض عقوبة الإعدام. وقالت المنظمة إنه "إذا لم يتم ذلك، فيجب إطلاق سراحهم أيضاً."
وكانت الحكومة السودانية قد قررت، في 8 مايو/أيار 2004، تشكيل لجنة لتقصي الحقائق برئاسة دفع الله الحاج يوسف، رئيس القضاء الأسبق، وذلك للتحقيق في "الادعاءات عن انتهاكات حقوق الإنسان على أيدي جماعات مسلحة في دارفور"، ولبحث أسباب الانتهاكات والوصول إلى الحقائق بشأن الخسائر البشرية والمادية.
وتعليقاً على ذلك، قالت منظمة العفو الدولية إنه "ينبغي على الحكومة السودانية أن توسع صلاحيات لجنة تقصي الحقائق بما يكفل أن يتضمن عملها التحقيق في انتهاكات حقوق الإنسان التي ارتكبتها سلطات حكومية. ويجب أن يكون من حق اللجنة زيارة جميع مراكز الاعتقال وإصدار تقارير علنية بخصوص أية انتهاكات لحقوق الإنسان تتوصل إليها."
خلفية
في عام 2001، وفي مواجهة تزايد المشكلة الأمنية، بما في ذلك الهجمات المتبادلة بين الجماعات العرقية وتصاعد جرائم قطع الطرق، شكلت الحكومة السودانية محاكم خاصة في ولايات شمال وجنوب وغرب دارفور، وذلك بعد إعلان حالة الطوارئ في الإقليم. واتسمت المحاكمات أمام المحاكم الخاصة بمثالب جسيمة. فوجود أفراد من الأمن كقضاة يدعو إلى التشكك في استقلال الهيئة القضائية. والمحاكمات أمام هذه المحاكم سريعة ومقتضبة، وقد صدرت أحكام بالإعدام إثر محاكمات لم تستغرق أكثر من ساعة.
وقد اشتدت حدة الصراع في دارفور منذ فبراير/شباط 2003، عندما اتجه "جيش تحرير السودان"، وبعد ذلك "حركة العدالة والمساواة"، إلى حمل السلاح ضد الحكومة، حيث اشتكى الفصيلان من إحجام الحكومة عن توفير الحماية للجماعات العرقية الزراعية من الهجمات التي تشنها ميليشيات من البدو، فضلاً عن تهميش الإقليم وتخلفه. وفي أعقاب ذلك، أطلقت الحكومة السودانية العنان للميليشيات البدوية المعروفة باسم "الجنجويد" لمهاجمة القرى التي تتشكل أغلبية سكانها من جماعات عرقية زراعية، مثل "الفور" و"المساليت" و"الزغاوة". وفي الوقت الراهن تتمتع ميليشيات "الجنجويد" بدعم وتمويل الحكومة، ويرتدي أفرادها الزي العسكري ويواصلون الهجمات وأعمال القتل والاغتصاب والاختطاف التي تستهدف المدنيين. وقد فرَّ قرابة مليون شخص من قراهم التي حُرقت، واتخذوا ملاذاً لهم في بلدات أخرى في دارفور، بينما عبر ما يزيد عن 120 ألف شخص الحدود إلى تشاد.
Sudan: Incommunicado detentions, unfair trials, torture and ill-treatment – the hidden side of the Darfur conflict
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Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق (Re: nada ali)
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الاستاذ وليد399
يمكنك زيارة موقع منظمة العفو الدولية ادناه، ففيه معلومات عن المنظمة و نشأتها و عملها. وفيه عدة تقارير حول فلسطين و العراق، بما فى ذلك تقارير لجان تقصى حقائق. و كون هناك انتهاكات لحقوق الانسان فى اجزاء اخرى من العالم لا يبرر السكوت على الانتهاكات التى تحدث فى بلادنا. ايعقل ان نتحدث عن فلسطين و العراق (مع تعاطفنا و تضامننا مع الشعبين) ولا نقوم بترتيب بيتنا أولا؟؟؟
ولك الشكر للمرور هنا
http://www.amnesty.org/
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Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق (Re: maha abdella)
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(Sudan/Chad) - Region in crisisOverview
UNICEF in action
Darfur Refugee Crisis Deepens
© UNICEF/2004
Refugees fleeing the fighting in Darfur face harsh conditions as the rainy season approaches.
DARFUR, Sudan 30 April 2004 - A harsh wind blows across a makeshift refugee camp in Chad where hundreds of thousands of people are seeking safety from the fighting in Sudan. One million people have already abandoned their homes and possessions in Darfur and now face extreme hardship. UNICEF and other humanitarian agencies are struggling to provide shelter, food and water.
The refugees say they are the victims of ethnic cleansing and have accused the Government of using the Arab janjaweed militia to get rid of the black African population.
Meanwhile, aid agencies such as UNICEF are trying to improve conditions for the refugees, many of whom have been maimed and traumatised. This emergency hospital on the Sudanese border is treating victims of the fighting including wounded and sick children.
Doctors at an emergency hospital in Tine on the border between Chad and Sudan are seeing victims of mine explosions. Some people have limbs so badly damaged that they have to be amputated.
“The situation here at Tine following the events in Darfur is very dramatic,” says Dr Louis Kakudji. “The population has been totally abandoned, here you find severe atrocities happening, nobody can close their eyes to what is taking place. The people have been totally abandoned and have no solutions to their problems.”
Temperatures at night in the desert can plummet and the weather will worsen when the rainy season starts. Thousands of people will need to be relocated to purpose built camps such as Farchana in Chad.
The need for clean water is crucial and UNICEF hopes to repair three hundred hand pumps in Darfur as well as boring holes for new wells. Women and children are particularly vulnerable as conditions deteriorate and UNICEF will vaccinate 2.6 million children against measles over the next few weeks.
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 Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق (Re: nada ali)
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نقلاً عن موقع المنظمة على الانترنت
Quote: كشفت الأدلة التي وردت مؤخراً من دارفور, غربي السودان, عن شعب في أزمة. فقد أجبر حوالي مليون شخص على الفرار من منازلهم, وتعرض ما يزيد على 10 آلاف للقتل. وترتكب هنالك انتهاكات لحقوق الإنسان على نطاق واسع على أيدي الجنجويد, وهي مليشيات تساندها الحكومة السودانية, والتي تعمل في كثير من الأحيان, جنباً إلى جنب مع القوات المسلحة السودانية التابعة للحكومة.
وتشهد الإفادات التي جمعتها منظمة العفو الدولية على ما يبدو أنها حملة انتهاكات منظمة. فقد قتل رجال داخل المساجد, وقتلت نساء وتعرضت آخريات للاغتصاب أمام أعين أزواجهن, وتعرضت نسوة مسنة للقتل عندما أضرمت النيران في منازلهن – فكل الانتهاكات التي اقترفت من أجل الإذلال وتدمير نسيج حياة المجتمع, فوق مقدرة واستطاعة بشاعة يرتكبها أشخاص على مستوى فردي
" في كنت في منزلي عندما جاء العسكر إلى جانب الجنجويد على ظهور الخيل والجمال. حاصروا القرية, وأضرموا النيران في عدد من المنازل, وأطلق الرصاص على الناس, وقُتل أخي أمام عينى".
أحد اللاجئين الذي قابله وفد منظمة العفو الدولية, مايو/أيار 2004 .
يعيش المدنيون في دارفور وهؤلاء الذين فروا إلى البلد المجاورة تشاد – يعيشون في خوف من وقوع مزيد من الهجمات عليهم , كما يواجهون صراعاً يومياً للبقاء على قيد الحياة لشح المساعدات الإنسانية.
وعلى الرغم من أن حكومات العالم, سوياً مع منظمات مثل الاتحاد الإفريقي, والاتحاد الأوروبي, وجامعة الدول العربية, قد اصصفوا للتنديد بانتهاكات حقوق الإنسان في دارفور, إلا أن كلماتهم الرقيقة قد تقاعست عن أن تترجم إلى تحرك حاسم في هذا الصدد.
ينبغي على المجمتع الدولي أن تكون لديه شجاعة ما يؤمن به ويمارس ضغطاً قوياً على حكومة السودان لكبح جماح الجنجويد ووضع حد لانتهاكات حقوق الإنسان في دارفور |
Quote: Sudan:
Act now to end the human rights crisis in Darfur
Sudanese boys in a refugee camp in Chad. ©Phillip Cox
The latest evidence from Darfur, western Sudan, reveals a population in crisis. An estimated one million people have been forced to flee their homes. More than 10,000 have been killed. Human rights violations are being carried out on a massive scale by the Janjawid, a government-backed militia, which often operates alongside government troops.
The testimonies collected by Amnesty International all bear witness to what appears to be a systematic campaign of abuse. Men have been killed inside mosques, women raped in front of their husbands and old women killed when their homes have been set alight – all acts designed to humiliate and destroy the fabric of community life, over and beyond the individual atrocity.
"I was at home when the military came along with the Janjawid on horse back and on camels. They surrounded the village, set fire to a number of houses and shot at people, my brother was killed in front of me."
A refugee interviewed by AI delegates, May 2004.
Civilians in Darfur and those who have fled into the neighbouring country of Chad live in fear of further attacks and face a daily struggle to survive due to insufficient humanitarian assistance.
Although governments around the world, together with organizations such as the African Union, the European Union and the Arab League have lined up to condemn human rights violations in Darfur, their fine words have failed to translate into decisive action.
The international community should have the courage of its convictions and apply the strongest pressure on the government of Sudan to rein in the Janjawid and end human rights violations in Darfur.
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تصلح هذه التقارير لتكون على الجرايد الحائطية المدرسية، اكد وافاد واشار وأبان وشهود عيان وغيرها من العبارات الرنانة التي نسمعها يومياً على القنوات الفضائية كخبر لا توجد احصائيات ولا ما يثبت صحة ذلك عيان بياناً اخيراً اود أن اقول لهذه المنظمة ارفعوا ايديكم عن السودان والسودانيين هم اجدر يعالجوا مشاكلهم بأنفسهم وان يرتبوا البيت من الداخل بأنفسهم كما ذكرتي يا أخت ندى لا نريد لمثل هذه المنظمات ان تشق وحدة الشعب السوداني الابي أين قوات حفظ السلام اين قوات التدخل السريع أن الهلال والصليب الاحمرين أين بقيت المنظمات العالمية التي تعنى بمثل هذه الامور حتى تكف ايدي المعندين والمنتهكين لهذه الحقوق وكفى
وليد
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Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق (Re: Raja)
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مجهود مقدر أخت ندي
قمنا بعمل حملة توقيعات لدعم قضية المواطنين في دارفور نعيدها هنا للتوقيع للأعضاء والزوار الجدد ..
نداء عاجل
من اجل أقليم دارفور بغرب السودان
يتعرض المواطنين في اقليم دار فور بغرب السودان لأبشع المجازر وحملات التطهير العرقي و الإبادة الجماعية التي تمارسها المليشيات التابعة لنظام الجبهة القومية الإسلامية الحاكم في الخرطوم، والتي تعوق وصول الإمدادات الانسانية كما تفيد التقارير الدولية، مما يضاعف من بشاعة الوضع، وعلية نحن الموقعون ادناه نطالب النظام الحاكم في الخرطوم بـ :
- الوقف الفوري لأطلاق النار.
- السماح للمعونات الانسانية بالوصول المنكوبين.
- الحل السياسي السلمي العادل للأزمة
مجموعة التضامن مع أفريقيا والشرق الاوسط بغرب استراليا تهيب بكل الهيئات الدولية والمنظمات الانسانية،والافراد بالوقوف مع اقليم دارفور بغرب السودان، والعمل علي وقف نزيف الدم.وندعوكم للتوقيع معنا علي هذا البيان
مجموعة التضامن مع أفريقيا والشرق الاوسط
بغرب استراليا
( من اجل كفالة الحقوق والحريات الاساسية للإنسان)
بريد اكتروني:
[email protected]
An urgent Appeal
For solidarity with victims of genocide in Darfur (Western Sudan)
Africa & Middle East Solidarity Group is a broad based alliance of activists in Western Australia who support the struggle for human rights in Africa and the Middle East .
For years the people of Darfur have been marginalized and subjected by the Sudanese Government to ethnic cleansing, gross violation of human rights and genocide committed by the armed forces and militia aligned to them.
Africa & Middle East Solidarity Group urge you to sign with us
We the undersigned urgently appeal to the international community and human rights organizations to strongly condemn and exert pressure on the Sudanese Government to immediately:
a) Cease fire.
b) Stop all atrocities committed by the armed forces and its militia.
c) Disarm the militia and stop supporting them.
d) Give protection to all civilians in Darfur.
e) Allow a secure and unrestricted access to all humanitarian organizations to deliver assistance to victims of the conflict.
f) Take all the necessary steps to resolve the conflict peacefully and under the auspices of an international organization.
g) Bring all perpetrators of crimes, ethnic cleansing and genocide to justice.
للتوقيع :
http://www.petitiononline.com/darfur04
ولكم الود
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Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق (Re: nada ali)
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الاستاذ وليد 399
شكرا لايراد تقارير منظمة العفو الدولية. كتبت،
| Quote: تصلح هذه التقارير لتكون على الجرايد الحائطية المدرسية، اكد وافاد واشار وأبان وشهود عيان وغيرها من العبارات الرنانة التي نسمعها يومياً على القنوات الفضائية كخبر لا توجد احصائيات ولا ما يثبت صحة ذلك عيان بياناً |
تقارير منظمة العفو الدولية (و منظمات حقوق الانسان الاخرى ذات المصداقية) عادة ما تكون نتاج زيارات ميدانية للمناطق المعنية (او لمناطق تجاورها اذا تعذر الحصول على فيزا لزيارة الدولة او اذن للذهاب للمنطقة نفسها و هذا يحدث كثيرا فى حالة السودان للاسف)! التقارير تهتم اكثر بما يحدث للافراد و المجتمعات و باخذ شهادات المتأثرين/ات! قبل فترة حضرت لقاء حول دارفور تحدث فيه العديد من المختصين و الناشطين لكن اكثر ورقة مؤثرة كانت تلك التى قدمها احد مسئولى الامم المتحدة الذى كان فى لجنة تقصى الحقائق الخاصة بالامم المتحدة، حيث اورد شهادات لاهالى دارفور ممن تضرروا من الحرب. اما حكاية انه "لا يوجد ما يثبت صحة ذلك" فيكفى ان تنظر للصورة فى بروفايل كوبيستا و للصور الاخرى فى هذا البورد (مثلا فى بوست اطفال دارفور يموتون من الجوع! كنت اتوقع ان تهتم اكثر بان هناك انتهاكات كهذى من الاساس و بكيفية المساعدة يا استاذ وليد. بالمناسبة هذه المنظمة بها كوادر سودانية و من مختلف بلدان العالم!
كتبت،
| Quote: اخيراً اود أن اقول لهذه المنظمة ارفعوا ايديكم عن السودان والسودانيين هم اجدر يعالجوا مشاكلهم بأنفسهم وان يرتبوا البيت من الداخل بأنفسهم كما ذكرتي يا أخت ندى لا نريد لمثل هذه المنظمات ان تشق وحدة الشعب السوداني الابي أين قوات حفظ السلام اين قوات التدخل السريع أن الهلال والصليب الاحمرين أين بقيت المنظمات العالمية التي تعنى بمثل هذه الامور حتى تكف ايدي المعندين والمنتهكين لهذه الحقوق وكفى |
للسودانيين/ات دور هام فى وقف ما يحدث فى دارفور الان و درء اثار الكارثة، لكن ذلك لا يعنى ان تقف منظمات حقوق الانسان العالمية و المجتمع الدولى بصورة عامة، مكتوفى الايادى، فما يحدث فى دارفور ابادة جماعية لشعب باكمله و منظمات حقوق الانسان دورها ان توثق و ان تضغط لايقاف ذلك و الا تكون قد قصرت تقصيرا كبيرا! و نحن كسودانيين/ات حتى الان لم ننجح فى التصدى بفعالية لما يحدث فى دارفور!و كيف لمنظمة ان "تشق وحدة الصف السودانى" و نحن غير موحدين/ات من الاساس؟
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nada ali
waleedi399
Tumadir
Kostawi
Raja
elmahasy
hamid hajer
ahmed haneen
فيس بوك
تويتر
انستقرام
يوتيوب
بنتيريست