Adel Abdallah Nasr al-Din-lawyer; Salih Mahmoud Osman-human rights defender; Madawi Ibrahim dam-human rights defender

Re: Adel Abdallah Nasr al-Din-lawyer, Salih Mahmoud Osman-human rights defender, Madawi Ibrahim dam-human rights defender

To: Lt. General Omar Hassan al-Bashir, president, Republic of Sudan

From: Monique Pongracic-Speier, member of LRWC

Date: 2004-06-23

LRWC is deeply concerned by information received from the Observatory for the Protection of Human Rights Defenders regarding the arrest of Mr. Adel Abdallah Nasr al-Din in Nyala, Southern Darfur region on June 16, 2004.

Mr. Adel is a lawyer with the Sudanese Organisation Against Torture (“SOAT”). He provides legal aid to persons sentenced to death, or to amputation or other degrading and inhumane forms of punishment. In April 2004, Mr. Adel joined with other lawyers in an appeal to the Security Forces of Southern Darfur to have all detainees in the Security Forces Detention Centre formally charged and brought to a fair trial, or released.

According to the information received by the Observatory, and relayed to LRWC, Mr. Adel was arrested at 1:00 pm on June 16, 2004 and taken to the Security Forces offices in Nyala. He has been held in incommunicado detention since. LRWC is concerned that Mr. Adel’s arrest is related solely to the lawful exercise of his profession. We call on the Government of Sudan to quickly resolve his status by either bringing valid legal charges and proceeding to a fair and impartial trial without delay, or by immediately releasing Mr. Adel.

However, so long as Mr. Adel remains in custody, LRWC fears for his safety. We urge you to ensure Mr. Adel’s humane treatment, in accordance with internationally acceptable standards.

LRWC is also mindful that human rights defender Salih Mahmoud Osman, on whose behalf I wrote to you on February 9 and May 26, 2004, remains in custody without charge. We reiterate our concern that Mr. Osman’s arrest by National Security Agency personnel, and his prolonged detention, are motivated by contempt for his activities as a human rights advocate. We remain apprehensive about Mr. Osman’s safety and health while in detention. We once again call on you to release Mr. Osman immediately and unconditionally.

Finally, LRWC is informed that Madawi Ibrahim Adam of the Sudan Social Development Organisation, has now been convicted of various offences under the 1991 Penal statute. We understand that he has not yet been sentenced. We call on the Government of Sudan to ensure that Mr. Madawi has fair recourse to mechanisms of appeal. LRWC remains concerned that Mr. Madawi has been subject to prosecution to prevent him from carrying on his legitimate work as a human rights advocate.

LRWC once again takes the opportunity to respectfully remind Sudan of the internationally-recognised requirement to refrain from using indefinite detention and legal proceedings to thwart the work of human rights defenders. We also stress Sudan’s domestic and international legal obligations to ensure the humane treatment of all persons in state custody. We sincerely hope, and fully expect, that Sudanese authorities will abide by these obligations.

Please advise LRWC, by mail, e-mail or fax, of the actions that the Government of Sudan is taking in relation to the matters discussed above. LRWC awaits your response.