Communications received
324. On 6 December 2001, the Government informed the Special Representative that on 2 July 2001, following the receipt of information that a group of LTTE cadres, posing as civilians, were moving around in the area of Uralu in the Jaffna Peninsula, a team of army personnel had been deployed to conduct search operations. Mr. Krisnasamy was arrested while trying to escape after the team had ordered him to stop and was then detained under the provisions of the Prevention of Terrorism Act. The Government stated that he was in possession of an automatic weapon and
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that consequent to detailed interrogation some detonators and ammunition were found in a little safe house in Urumbirai. The Government added that the investigations revealed that the suspect had been in charge of LTTE activity within the Jaffna University. The Government also stated that upon consideration of the investigation material, the Attorney-General had indicted the suspect in the High Court of Jaffna and filed three cases against him under the Prevention of Terrorism (Temporary Provisions) Act of 1979.
325. On 13 December 2001, the Government of Sri Lanka sent a communication to the Special Representative to inform her of the creation of the Directorate of Human Rights and Humanitarian Law in the Sri Lanka Army. This Directorate will be mandated to implement the directives of the Commander of the Sri Lanka Army relating to human rights and to oversee the implementation of human rights norms and standards, in line with domestic constitutional and other legal provisions and those relating to international human rights law.
Observations
326. The Special Representative thanks the Government for its reply.
SUDAN Communications sent
327. On 18 December 2000, the Special Representative, together with the Special Rapporteur on torture and the Chairman-Rapporteur of the Working Group on Arbitrary Detention, sent an urgent appeal concerning four lawyers, Messrs. Saatie Mohammed al-Haj, Hadi Ahmed Osman, Ghazi Suleiman and Ali Mahmoud Hassanaian, members of the National Alliance for the Restoration of Democracy (NARD), who were arrested in their offices in Khartoum. Although no official reason was given, it was alleged that they were detained in connection with the arrest, on 6 December 2000, of seven leading opposition politicians during a meeting with a
United States diplomat in Khartoum. It was further alleged that these four lawyers had signed a petition to the Justice Ministry protesting the detention of the seven politicians. They have not been formally charged and have, since their detention, been held incommunicado, without access to their lawyers, families or medical treatment.
328. On 13 March 2001, the Special Representative, together with the Special Rapporteur on torture and the Chairman-Rapporteur of the Working Group on Arbitrary Detention, sent an urgent appeal concerning Dr. Nageeb Nigim El Din, a member of the Sudanese Victims of Torture Group (SVTG) and the International Rehabilitation Council for Torture Victims (IRCT), who was arrested on 11 March 2001 by the security forces. The security forces allegedly
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confiscated the computers of the Amal Centre for Rehabilitation of Victims of Physical and Mental Trauma situated in northern Khartoum, all of the files of the patients at the centre and some other documents. Dr. Nageeb Nigim El Din was allegedly held at the offices of the security forces in Khartoum on Mohamed Nageeb Street before being transferred to Kober prison. The information received indicates that he was due to meet the Special Rapporteur on the situation of human rights in the Sudan, Mr. Gerhard Baum, on 13 March 2001, and that the security forces have accused him of preparing lists of victims of torture for the Special Rapporteur. The information further indicates that Dr. Nageeb Nigim El Dim has been arrested seven times since 1989 and has spent over four years in prison.
329. On 21 June 2001, the Special Representative sent an urgent appeal, jointly with the Special Rapporteur on torture and the Special Rapporteur on the situation of human rights in the Sudan, regarding Faisal el Bagir Mohamed, a journalist and member of the SVTG. On 13 June 2001, he was reportedly arrested at home in Khartoum and the security forces searched his house, confiscating his computer and fax machine, as well as various documents. They reportedly had no search warrant and gave no reason for his arrest. According to the information received, Mr. Bagir Mohamed was taken away to be interrogated and was released later on the same evening, but was told to report to the security headquarters the following day. When he did so, he was reportedly rearrested. He has since allegedly been held incommunicado. It was reported that shortly before his detention, Faisal el Bagir Mohamed had met with the Ministry of Justice twice to seek permission for the SVTG and the Amal Centre to celebrate the United Nations International Day in Support of Victims of Torture on 26 June 2001.
330. On 19 October 2001, the Special Representative, together with the Special Rapporteur on the situation of human rights in the Sudan, sent an urgent appeal concerning a series of operations allegedly launched by the Sudanese security authorities against several civil society organizations. It was reported that the following organizations were targeted, the Abduulkareem Margani Cultural Centre, the Centre for Sudanese Studies, the Gender Centre, the Amal Centre for the Rehabilitation of Victims of Physical and Mental Trauma and the Khartoum Centre for Human Rights Studies. According to the information received, the director of the Centre for Sudanese Studies, Dr. Hydar Ibrahim Ali, was summoned to the security forces headquarters
on 9 October 2001. He was reportedly interrogated about the activities of the Centre and was ordered to suspend all the Centre's activities until further notice. It was also reported that Mr. Hydar Al-halab, director of the Abdulkareem Margani Cultural Centre, was also summoned on the same day, together with the director of the Gender Centre. Dr. Nagib Nagm El din, director of the Amal Centre, was reportedly likewise summoned to the security forces headquarters on 10 and 11 October 2001. He was reportedly interrogated about the Centre's activities by security officers, who informed him that the Centre would be under permanent surveillance for a period of two months, after which they would decide about its future.
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Mr. Faisal Al-bagir, a member of staff of the Khartoum Centre for Human Rights Studies, was reportedly summoned on 9 October 2001 to the security forces headquarters and questioned about his demands that the security forces return the Centre's equipment, which they had confiscated during his arrest in June 2001. Representatives of the Amal and Khartoum Centres were told by security officers that they would be under continued surveillance.
Observations
331. The Special Representative welcomes the release on 26 June 2001 of Mr. Faisal el Bagir Mohamed and the release on 29 March 2001 of Dr. Nageeb Nigim El Din. She still, however, awaits a reply from the Government to her communications.
SYRIAN ARAB REPUBLIC Communications sent
332. On 13 August 2001, the Special Representative, together with the Special Rapporteur on torture and the Special Rapporteur on freedom of opinion and expression, sent an urgent appeal concerning independent Member of Parliament and human rights defender Mamun al-Humsi, who was arrested on 9 August 2001 in the National Assembly building in Damascus. Mamun al-Humsi, who has represented a Damascus constituency for 11 years, had reportedly begun a hunger strike at his office some 48 hours before he was arrested, in protest against the continued application since 1963 of the Syrian emergency laws, under which the authorities have sweeping powers to suppress dissent. In June 2001, he had called for a parliamentary human rights committee to be set up and was also active within the newly emerging human rights and civil society movement in Syria. Mr. Mamun al-Humsi has allegedly been charged with offences including "insulting the Constitution, opposing the Government and engagement in intelligence with foreign quarters". These offences, which are tried by the Supreme State Security Court, carry sentences of up to 15 years' imprisonment. It was also reported that
Mr. Mamun al-Humsi is reportedly being held incommunicado at the Adra prison, and is allegedly denied his rights to legal representation, access to his family and access to medication for his diabetes, which he takes regularly. It is also reported that under the state of emergency, political opponents of the Government can be arrested and detained indefinitely.
333. On 14 September 2001, the Special Representative sent an urgent appeal jointly with the Special Rapporteur on torture and the Special Rapporteur on freedom of opinion and expression regarding the following nine political opposition activists who are said to have been arrested since 1 September 2001: Riad Turk, a lawyer and the first secretary of the "Syrien-Bureau Politique" Communist party; Riad Seif, a parliamentarian from Damascus; Kamal Labouani, an
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old doctor and member of the Committee for the Defence of Human Rights (CDF) administrative council and the editorial committee of the "AMARJI" publication; Aref Dalila, a Damascus University professor and founding member of the "Commissions de la renaissance de la societe civile" (CRSC) movement; Habib Saleh, a businessman from Tartus and CRSC activist; Hassan Sa'Doun, from the Al-Hassaka region of northern Syria and a debate forum activist; Walid Al-Bouni, a doctor and "national dialogue" forum organizer; Habib Issa, a lawyer and spokesperson for the "Jamal Attassi" forum; Fawaz Tello, an engineer and member of the "dialogue national" forum.
334. On 15 November 2001, the Special Representative sent an urgent appeal concerning Mr. Aktham Naisseh, president of the Syrian Committee for Human Rights, and one of its members, Dunia Khawla. According to the information received, on 5 November 2001 Mr. Naisseh was prevented from leaving the airport to go to a conference organized by the International Federation for Human Rights in Belgium, although he had previously obtained a visa, as well as administrative authorization to leave Syria. The following day, Mr. Naisseh was reportedly asked to go to the Palestine section of the Intelligence Services. As for
Ms. Dunia Khawla, she reportedly could not obtain a visa to go to the same conference. Furthermore, on 9 October, Mr. Naisseh was asked by the security forces to go to the Palestine section of the Intelligence Services after he distributed a petition relating to the arrests which took place in Beirut at the beginning of September during a seminar organized by the International Federation for Human Rights.
Observations
335. The Special Representative regrets that at the time of the finalization of this report the Government had not transmitted any reply to her communication.
TANZANIA
Communication sent
336. On 30 November 2001, the Special Representative sent, jointly with the Special Rapporteur on the independence of judges and lawyers, an urgent appeal regarding the arrest and interrogation of Mr. Rugemeleza Nshala, president of Lawyers' Environmental Action Team (LEAT), a public interest law firm, part of the Environmental Law Alliance Worldwide (E-LAW) network dedicated to the protection of the environment through law and advocacy.
It was reported that Mr. Nshala was representing small-scale miners in Tanzania who are complaining about the death of some 50 colleagues during the eviction by force of thousands of miners from the Bulyanhulu area in August 1996. This action was allegedly carried out in order
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to enable the Canadian-owned conglomerate, Kahama Mining Company Ltd. (KMCL), supported by the Government of Tanzania, to take hold of the property. It was reported that, on 24 November 2001, the police raided the offices of LEAT in Dar es Salaam and seized a videotape and some of the evidentiary material in the case. Mr. Nshala was reportedly arrested and interrogated for about five hours. It was also reported that he was released on police bail and required to report daily to the police. He was allegedly accused of "sedition", along with two other LEAT members, Mr. Tundu Lissu and Ms. Augustine Mrema. According to the information received, this arrest and search followed a press conference held by LEAT on 19 November 2001 during which the organization asked for an international commission of inquiry to investigate the Bulyanhulu massacre of August 1996.
Observations
337. No reply from the Government has been received so far.
TOGO Communications envoyees
338. Le 1er octobre 2001, la Representante special e a envoyё un appel urgent concernant Me Yawovi Agboyibo, President du Comite d'action pour le renouveau (CAR), fondateur de la premiere commission nationale des droits de l'homme en Afrique et ex-membre de la Commission pontificale Justice et Paix. D'apres les informations recues, Me Agboyibo aurait ete condamne le 3 aout 2001 a six mois de prison ferme et a 100 000 francs CFA d'amende par le tribunal correctionnel de Lome suite a une plainte pour diffamation intentee par
M. Agbeyome Kodjo, actuel Premier Ministre. Cette condamnation ferait suite a la "reactivation" d'une plainte deposee le 23 octobre 1998 par M. Kodjo a l'encontre de Me Agboyibo qui aurait demande au Ministre de l'interieur et de la securite, dans un communique du CAR, d'ouvrir une enquete sur des actes criminels commis par une milice armee pretendant agir sur approbation de M. Kodjo. Il n'y aurait eu aucune suite donnee a cette plainte puisque Me Agboyibo etait alors membre du Parlement et beneficiait de l'immunite. D'autre part, les informations recues indiquent que la detention de Me Agboyibo pourrait egalement etre liee au fait qu'il aurait rencontre les membres de la Commission d'enquete de l'Organisation des Nations Unies et de l'Organisation de Г unite africaine creee le 7 juin 2000, a la demande du Gouvernement togolais. Cette commission etait chargee de verifier les allegations d'Amnesty International sur les executions extrajudiciaires commises au Togo a l'occasion des elections presidentielles de juin 1998. Selon les informations recues, au moins une douzaine de personnes ayant temoigne devant la Commission d'enquete ONU-OUA auraient fait l'objet de represailles
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depuis la publication de ce rapport en fevrier 2001. Ces personnes auraient ete victimes d'intimidations et de menaces, tandis que d'autres auraient ete contraintes de fuir le Togo.
339. Le 29 octobre 2001, la Representante speciale a envoye un appel urgent concernant de nouvelles informations portant sur Me Yawovi Agboyibo, qui aurait ete accuse, le
21 septembre 2001, de s'etre rendu complice du "groupe de malfaiteurs de Sendome, dirige par Kodjovi Akomabou, en lui apportant aide et assistance sous forme d'encouragement". Selon les informations recues, ce groupe de malfaiteurs serait celui dont Me Agboyibo aurait denonce les agissements des 1997, aupres du Prefet de Yoto, du commandant de la brigade de gendarmerie de Tabligbo, de M. Agbeyome Kodjo, actuel Premier Ministre, et du Ministre de l'interieur et de la securite. Cette seconde accusation, qui rend Me Agboyibo passible d'un a cinq ans d'emprisonnement, aurait pour but de rendre Me Agboyibo ineligible aux prochaines elections.
Observations
340. The Special Representative regrets that at the time of the finalization of this report the Government had not transmitted any reply to her communications. She would also like to reiterate her concerns over a credible report alleging that several persons or organizations had received threats or suffered reprisals for cooperating with the International Commission of Inquiry for Togo. In this regard, the Special Representative would like to recall article 12.2 of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, which provides that "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 present Declaration". The Special Representative would also remind the Government of Commission on Human Rights resolution 2001/11, entitled "Cooperation with representatives of United Nations human rights bodies", which "urges Governments to refrain from all acts of intimidation or reprisal against those who seek to cooperate or have cooperated with representatives of United Nations human rights bodies, or have provided testimony or information to them".