Between 27 June and 3 July 2005, 59 persons among the over 200 people arrested in the Soba Aradi area of Khartoum in May 2005 appeared before the courts on charges of rioting under article 68 of the 1991 penal code. The court, headed by judge Motasim Abdelhadi Shabana, found 31 of the defendants including 6 children guilty and sentenced the 25 adults to imprisonment and 6 children to 20 lashes each. The court ordered the immediate release of the 28 persons acquitted. Whilst the exact locations of the prisoners are unknown, it is believed that they are serving their sentences in Omdurman, Kober and Soba prison. The defendants were represented by SOAT lawyers’ network. The details of persons are as follows:
Sentenced to seven months in prison commencing from the day of arrest, 18 May 2005:
1. Magid Akon Atair
2. Tomas Steven Macar
3. Osman Abdallah Musa
4. Mobarak Hamid Abuzaid;
5. Saif Arok Makir
6. James Merial Akoj
7. Karbino Karkoon
Sentenced to three months in prison commencing from the day of arrest, 23 May 2005:
8. Santino Deng Garang
9. Alao Joseph Garang
10. John Lok Paw
11. Ateem Nial Agiy
12. Ahmed Abdullah Mohamed
13. Dai Rio Molwal
14. Nagmeldin Almardi Ibrahim
15. Ahmed Mohamed Ibrahim
16. Abraham Maiot Garang
17. Simon Karkouj Reth
18. John Kwaj Machir
19. Awad Abass Banaga
20. Abdelbagi Abdallah Adam
21. Maikal Golwak Raith
22. Awad Fedhail Gomaa
23. Mohamed Hassan Abdelmaala
24. Khamis Aldouma
25. Amjud Balla Adam
Children sentenced to 20 lashes:
1. Simon Younap Raw
2. Alamin Sulaiman Ali Koukou
3. Nit Chap Anwell
4. Arbab Ibrahim
5. Dholl Garang Athian
6. Asaad Balla Adam
Acquitted:
1. Badreldin Adam Aldhai
2. Yasir Mahadi Tama
3. Bel Miobel Yen
4. Bashir Dafaalah Boshara
5. Mohamed Hammad Mahmoud
6. Adam Makki Adam
7. Mohamed Abdallah Altahir
8. Salim Abdelkareem Musa
9. Makki Dafallah Musa
10. Yagoub Idris Ahmed
11. Abdelrahman Mohamed Hamid
12. Abdallah Garo Adam
13. Omer Ali Mohamed Malik
14. Adil Gazeera Hussain
15. Salih Hamid abdallah
16. Khalid Mohamed Ali Mohamed
17. Adil Habib Fadlelmola
18. Abdullah Adam Mohamed Ishag
19. Manoufal Yousif Mohamed Salih
20. Yahia Daoud Almoaazal
21. Isam Yagoub Mohamed
22. Deng Akil Ashwell
23. Steven Atong Athian
24. Bashir Ali Adam
25. Abdelaal Mahmoud Gazeera
26. Siddig Mohamed Abdallah
27. Mohamed Marhoum Gismallah
28. Tom Henry Augia
There remains scores of persons in detention, many of whom are facing charges under article 130 (Murder) of the 1991 Penal Code. The detainees have been denied access to their families and lawyers. When questioned, the security authorities claim they are not willing to divulge the whereabouts of the detainees or allow access to their families and lawyers because “the investigations are not yet finished”.
Background
The above men and children were arrested in May following violent clashes between police forces and the residents of Soba Aradi. The residents of Soba Aradi are primarily internally displaced persons from the two decade conflict in the South and more recently from Darfur, Western Sudan. The violence erupted when police officers entered the area under the government scheme of relocating IDPs as part of its policy of area replanning programme. During the clashes, 14 police officers and civilians including two children were killed.
Following the clashes, government security apparatus raided the area and arrested and detained hundreds of persons including families and children. On 11 June, SOAT received confirmation of the death of Abdallah DawAlbait Ahmed whilst in police and security custody. Mr. Abdallah whereabouts were unknown, until his family and the family lawyer Mr. Mohamed Ahmed Abdelgadir Alarbab, received information informing them that Mr. Abdalla was in Khartoum Hospital Morgue. In the hospital, the family were informed that Mr. Abdalla arrived in the hospital dead on 8 June 2005. The family have commenced legal inquest into death of Mr. Abdalla.
SOAT is deeply concerned for the safety of all the detainees and is calling on the GoS to immediately allow all detainees’ access to their families and lawyers and to give assurances that detainees will not be subjected to further torture or ill-treatment.
SOAT calls on the government of Sudan to:
Immediately release all the detainees in the absence of valid legal charges, or if legitimate charges exist, bring them before an impartial tribunal and guarantee procedural rights at all times;
Take all necessary measures to ensure the physical and psychological integrity of all the detainees and to ensure that all the detainees have access to legal advice and their families;
Immediately establish an independent, impartial commission of inquiry into the incident and to make the commission findings public upon completion;
Immediately cease its campaign and the wanton destruction of IDP homes in camps outside Khartoum and to commit to the voluntary return of IDPs, ensure safe passage, and compensate IDPs for loss of livelihood caused by the arbitrary seizure of lands and to return these lands;
End impunity for crimes committed by the government security forces;
Guarantee respect for human rights and fundamental freedoms, including freedom of association throughout Sudan in accordance with national laws and international human rights standards;
The above recommendations should be sent in appeals to the following addresses:
His Excellency Field Marshal Omar Hassan al-Bashir
President of the Republic of Sudan
President' s Palace
PO Box 281, Khartoum, Sudan
Fax: + 249 183 783223
His Excellency Ali Osman Mohamed Taha
First Vice-President
People's Palace
PO Box 281, Khartoum, Sudan
Fax: + 249 183 771025
Mr. Mustafa Osman Ismail
Minister of Foreign Affairs
Ministry of Foreign Affairs
PO Box 873, Khartoum, Sudan
Fax: + 249 183 779383
Dr. Abdelmuneim Osman Mohamed Taha
Advisory Council for Human Rights
PO Box 302
Khartoum, Sudan
Fax: + 249 183 770883
Permanent Representative:
His Excellency Mr. Mohamed Elhassan Ahmed Elhaj
Ambassador
Avenue Blanc 47
1202 Geneva
Tel: 022 731 26 63
Fax: 022 731 26 56
Email: [email protected]
SOAT is an international human rights organisation established in the UK in 1993. If you have any questions about this or any other SOAT information, please contact us:
Argo House
Kilburn Park Road
London NW6 5LF, UK
Tel: +44 (0)20 7625 8055
Fax: +44 (0)20 7372 2656
E-mail: [email protected]
Website: www.soatsudan.org
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