October 22, 2013
HE Omar Hassan Ahmad al-Bashir
Office of the President
People’s Palace, PO Box 281
Khartoum, Sudan
Mohammed Bushara Dousa
Ministry of Justice
PO Box 302, Al Nil Avenue
Khartoum, Sudan
Dear Your Excellencies:
Re: Detention of Adam Sharief
Lawyers Rights Watch Canada (LRWC) is a committee of lawyers and academics who campaign internationally for advocacy rights, advocates in danger, and on rule of law issues and engage in legal research and education about international human rights law. I am a lawyer and a partner of a law firm in Canada, Cohen Highley LLP. I am writing, as a member of LRWC, in response to information obtained from Amnesty International.
Adam Sharief is a lawyer and the coordinator of the Darfur Bar Association in South Darfur. We are advised through Amnesty International that Adam Sharief has been detained incommunicado by the National Security Service without charge since September 26, 2013 without access to his relatives or a lawyer, and that he is at risk of torture and other ill-treatment.
LRWC express their deepest concern about this case and the prevalence of torture and incommunicado detention which seems to be directed at inhibiting human rights activities and the legitimate exercise of the right to freedom of expression as protected by Article 19 of the International Covenant on Civil and Political Rights. We therefore call on the authorities to guarantee in all circumstances the physical and psychological integrity of Adam Sharief, and release him immediately and unconditionally as his detention is arbitrary.
Lawyers Rights Watch Canada urges the authorities of Sudan to:
i. guarantee in all circumstances the physical and psychological integrity of Adam Sharief, as well as of all human rights defenders in Sudan;
ii. ensure that Adam Sharief is released without delay, either on bail after being charged with a legitimate offence or as an unindicted person;
iii. ensure that pending his release, Adam Sharief is not tortured or ill-treated in any way, that he be provided with access to a lawyer of his choosing and his family while being detained;
iv. conform with the provisions of the UN Universal Declaration of Human Rights, in particular its Article 3, which states that “everyone has the right to life, liberty and security of person”; its article 5 which provides that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”; and its Article 20 (1) which provides that “everyone has the right to freedom of peaceful assembly and association”; and,
v. ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Sudan.
We are hopeful you will investigate promptly the allegations outlined above and implement the relief requested. Your confirmation of receipt of this correspondence and actions to be taken would be appreciated.
Yours Very Truly,
Joe Hoffer
Sudan Monitor
Lawyers Rights Watch Canada
cc: Mr Musa Abdelrahim Mohamed Adam
Chargé d’Affaires, Embassy of Sudan
354 Stewart Street
Ottawa, Ontario K1N 6K8
Ibrahim Mohamed Hamed
Ministry of Interior
PO Box 873
Khartoum, Sudan
Gabriela Knaul
United Nations Special Rapporteur on the independence of judges and lawyers
gabriela.albuquerque@yahoo.com.br
Mr. Mashood Adebayo Baderin
United Nations Independent Expert on the situation of human rights in Sudan
sudan@ohchr.org