AAAS Scientific Responsibility, Human Rights and Law Program

View Alerts By > Case | Date | Country | Victim

AAAS Human Rights Action Network

View the digitally signed version of this alert.

FACTS OF THE CASE:

On 11 March 2001, Sudanese security forces detained Dr. Nagib Nagmeldin, Director of the Amel Center for the Rehabilitation of Victims of Torture and Violence in Khartoum. Two of his colleagues from the Amel Center, Mr. Fatih Abdel Rahman and Mrs. Zienab Omer Ahmed, were also arrested and interrogated for several hours. Both Mr. Abdel and Mrs. Omer were released at close to midnight that evening.

According to reports received by the El-Nadim Center for the Management & Rehabilitation of Victims of Violence in Cairo, security forces attacked the Amel Center, confiscating computers and clients' medical records. Security forces returned the following day and confiscated medical equipment, a generator, and office furniture. They did not have authority to confiscate these items.

The Amel Center, which was established in November 2000, provides free medical treatment and counseling for victims of human rights abuses and is the first of its kind to be established in Sudan. In addition to his work at the Center, Dr. Nagmeldin is a former secretary of the Sudanese Doctors' Union, a professional organization that the Sudanese government has banned. He has been detained several times since 1989 in response to his political activism. During previous detentions, Dr. Nagmeldin has been tortured in custody.

Human Rights Watch considers Sudan a "gross human rights abuser." In government-controlled areas, there is great repression of freedom of expression and association. Sudanese security forces have waged a campaign of harassment, intimidation, and persecution against human rights defenders. Arbitrary searches and arrests are common. Human rights activists like Dr. Nagmeldin are often subject to protracted arbitrary detention without judicial review. According to Amnesty International, detainees do not have the right to challenge detentions of less than 93 days. In addition, at the discretion of the authorities, the detention period can be renewed for a further three months. In effect, detainees can be held for an indefinite period of time without being charged.

Sudanese security forces held Dr. Nagmeldin at their office in Khartoum and later transferred him to the Kober prison in Khartoum on 12 March 2001. The reason for his arrest is not clear and he has not been formally charged. Amnesty International reports that Dr. Nagmeldin was scheduled to meet with the UN Special Rapporteur for Human Rights, Mr. Gerhard Baum, on 13 March, only two days after his arrest. Dr. Nagib Nagmeldin remains in detention, without access to a lawyer or his family. He is in poor health.

(Sources of information for this case include: El-Nadim Center for the Management & Rehabilitation of Victims of Violence, Amnesty International, and Human Rights Watch)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• Article 7: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
• Article 9(1): Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
• Article 9(2): Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his [or her] arrest and shall be promptly informed of any charges against him [or her].
• Article 19(1): Everyone shall have the right to hold opinions without interference.

International Covenant on Economic, Social and Cultural Rights

• Article 12: (1): The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. (2): The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

The Human Rights Defenders Declaration

• Article 11: Everyone has the right, individually and in association with others, to the lawful exercise of his or her occupation or profession.
• Article 12(2): The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the [Universal Declaration of Human Rights].
• Article 7: Everyone has the right, individually and in association with others, to develop and discuss new human rights ideas and principles and to advocate their acceptance.

Universal Declaration of Human Rights

• Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
• Article 05: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
• Article 09: No one shall be subjected to arbitrary arrest, detention or exile.

RECOMMENDED ACTION:

Please send telegrams, faxes, airmail letters or emails:

• Requesting that the charges against Dr. Nagib Nagmeldin be promptly clarified, and if there is no legal basis for his arrest, that he be immediately and unconditionally released;
• Calling on the authorities to grant Dr. Nagib Nagmeldin immediate access to his family, legal representatives and any medical attention he may need;
• Expressing concern that Dr. Nagmeldin's arrest may be part of a larger attempt by Sudanese authorities to intimidate human rights defenders; and
• Urging that the security forces respect doctor/patient confidentiality.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

His Excellency Lieutenant General Omar Hassan al-Bashir
President of the Republic of Sudan
Peoples' Palace
PO Box 281
Khartoum, Sudan
Fax: 011 24911 787676 or 011 24911 783223


Mr Ali Mohamed Osman Yassin
Minister of Justice and Attorney General
Ministry of Justice
Khartoum, Sudan


Mr Mustafa Osman Ismail
Minister of Foreign Affairs
Ministry of Foreign Affairs
PO Box 873
Khartoum, Sudan

COPIES SENT TO:

Ambassador Mahdi Ibrahim Mohamed
Embassy of the Republic of the Sudan
2210 Massachusetts Ave. NW
Washington DC 20008

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6796; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals re to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.

To verify the contents of this alert and/or the electronic signature, please download the signed file for this alert along with the Program's PGP Public Key.

Main | CSFR Letters | Science and Human Rights Program