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