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 Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق (Re: nada ali)
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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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| العنوان |
الكاتب |
Date |
| من منظمة العفو الدولية حول دارفور – عدد من الوثائق | nada ali | 06-08-04, 01:53 AM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | nada ali | 06-08-04, 01:56 AM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | nada ali | 06-08-04, 01:58 AM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | nada ali | 06-08-04, 01:59 AM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | nada ali | 06-08-04, 02:00 AM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | nada ali | 06-08-04, 03:14 PM |
 Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | waleedi399 | 06-08-04, 03:59 PM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | nada ali | 06-08-04, 04:26 PM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | maha abdella | 06-08-04, 04:33 PM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | nada ali | 06-08-04, 04:38 PM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | maha abdella | 06-08-04, 04:42 PM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | مارد | 06-08-04, 04:49 PM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | nada ali | 06-09-04, 09:15 PM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | Imad El amin | 06-09-04, 10:55 PM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | Tumadir | 06-09-04, 11:15 PM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | nada ali | 06-10-04, 01:43 PM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | Kostawi | 06-10-04, 06:35 PM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | nada ali | 06-12-04, 07:32 AM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | مراويد | 06-12-04, 09:50 AM |
 Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | waleedi399 | 06-12-04, 10:59 AM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | Kobista | 06-12-04, 01:35 PM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | Raja | 06-13-04, 12:40 PM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | elmahasy | 06-13-04, 06:00 PM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | nada ali | 06-14-04, 08:51 AM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | elmahasy | 06-14-04, 01:22 PM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | nada ali | 06-14-04, 08:53 AM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | hamid hajer | 06-14-04, 11:18 AM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | Roada | 06-14-04, 03:44 PM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | Kostawi | 07-09-04, 09:54 AM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | Kobista | 07-09-04, 11:01 AM |
 Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | ahmed haneen | 07-10-04, 02:22 AM |
| Re: من منظمة العفو الدولية حول دارفور – عدد من الوثائق | مراويد | 07-12-04, 00:01 AM |
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nada ali
فيس بوك
تويتر
انستقرام
يوتيوب
بنتيريست