Sudan: Student arrested and tortured
On 7th September 2001, the security arrested Adbel Khaliq AlFatih Abdulla, a third year medical student, at Bakhat AlRuda University in White Nile province, and a leading member of the Student Democratic Front (SDF). Adel Khaliq was tortured while he was in detention, and was subsequently pressured and harassed by the security into not initiating any legal action against them.
S V T G
Sudanese Victims of Torture Group
SVTG STATEMENT: 12 December 2001
Impunity of security forces and prevention of justice in Sudan
On 7th September 2001, the security arrested Adbel Khaliq AlFatih Abdulla, a third year medical student, at Bakhat AlRuda University in White Nile province. Abd Alkhaliq is leading member of the Student Democratic Front (SDF). He was arrested at 11am from the ferry crossing the White Nile at Alduweem town. The security officers took his bag and later while he was in detention the security informed him they had found a video film containing explicit sexual material in his bag.
Adel Khaliq was tortured while he was in detention and was released at 11pm. Following his release he went directly to the hospital for treatment where he obtained a medical report confirming that he has severe bruising and swellings on his forehead and above his right eye, and had cuts to his right ear, left elbow and cuts and bruises to his left and right thighs. (SVTG has obtained a copy of the medical report).
Previously Mr Abdullah had been arrested and harassed for being an outspoken member of the SDF (Cadir Khatabi).
Abd Alkhaliq went to the District Attorney to submit a legal complaint in Alduweem city. The District Attorney informed him that it was not within his jurisdiction to take any cases against the security forces. Mr Alkaliq was then pressured and harassed by the security into not initiating any legal action against them
On the 18th of September the Security charged Abd Alkhaliq under Article 153 of the Criminal Code, 1991, “Contravening public morality”. However, lawyer Amir Mohamed Suliman, Director of Khartoum Centre for human rights and member of SVTG lawyers network, decided to take on the case and act as his attorney.
On Monday 10 December there was a court hearing to hear the defence case and hear the prime defence witness, Hisham Abdullateef. Following the session, as the witness, defendant and lawyer were leaving the building court premises they were followed by security officers to the city centre and verbally intimidated and harassed.
All three men were to take a coach back to Khartoum but were obstructed by two Security officers. The security officers are Mubarak Suliman and Yousif Abu Ugla. The officers arrested the prime witness Hisham Abdullateef who was taken to the premises of the general security in Alduweem city and has not been released as of today 13 December 2002.
Another witness, Mohamed Ahmed Abd AlGadir, the security forces in Alkawa town restricted his movement and he was not allowed to leave his town to attend the court hearing. He was ordered not to leave the town until 12 December by which time the case would have been heard.
Both Mohamed Ahmed Abdel Gadir and Hisham Abdullateef had previously complained about being harassed and threatened by the Security. Security officer Mubarak Suliman was personally involved in the harassment of the lawyer and arrest of the witnesses. Adel Khaliq had also been threatened by Mubarak Suliman and previously been subjected to torture leading to serious physical injuries according to the medical report.
The defence lawyer, Amir Mohamed Suliman, has submitted a formal complaint to the Minister of Justice and the Chief Justice, on 11 December 2001.
The threats harassment and arrest of the witnesses, defendant and lawyer is against the right to equality before the court of law expressed in Article 21 of the Constitution of Sudan 1998 and against Article 31 which states “The right to litigate is guaranteed for all persons and no one shall be prevented from the right to sue”. It is also against Article 4 of the Code of Criminal Procedure, which prevent the intimidation of witnesses (duress), and against Articles 144, 164 and 166 of the criminal code.
Such actions are also against Article 14 of the International Covenant on Civil and Political Rights, of which Sudan is a party.
The government of the Sudan has repeatedly resorted to repressive measures including violations of fundamental rights, when individuals have expressed criticism regarding government policies or engaged in activities, which might appear controversial to the government. Such measures represent continued repression of freedom of expression and are against many the Government of Sudan’s international commitments.
Sudanese security forces act with total impunity and are provided with virtual immunity from prosecution under the 1994 National Security Act. Amended in 1999 and 2000, this act grants security officers investigative powers that allow arbitrary searches and arrests and incommunicado detentions without judicial review.
SVTG calls upon the Sudanese government to:
Arrests of political activists
i. Guarantee the physical and psychological integrity of Hisham Abdullateef;
ii. Order the immediate release of Hisham Abdullateef if he is being held without charge or, in the event that he will be charged, ensure his right to a fair and impartial trial and guarantee his right to legal counsel at all times;
iii. Put an end to the harassment by security forces and ensure security officers area brought to account;
iv. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards.
Addresses
His Excellency Lieutenant General Omar Hassan al-Bashir, President of the Republic of Sudan, People’s Palace, PO Box 281, Khartoum, Sudan, Telex: 22385 PEPLC SD or 22411 KAID SD- Fax: +249 11 771 7 24
Mr Ali Osman Yasin, Minister of Justice and Attorney General, Ministry of Justice, Khartoum, Sudan. Telex:22459 KHRJA SD or 22461 KHRJA SD (via Ministry of Foreign Affairs) – Fax: +249 11 7740 63
Mr Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, Telex: 22459 KHRJA SD or 22461 KHRJA SD – Fax: 249 11 7740 63
SVTG is an independent non-governmental human rights organisation, for further details on this press release or any other information please contact;
The Sudanese Victims of Torture Group
Park Business Centre
Kilburn Park Rd
London NW6 5LF
UK
Tel: +44 20 76258055
Email: [email protected]