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Statements Office of the High Commissioner for Human Rights
Enforced Disappearance of Massalit men arrested in South Darfur
30 April 2007
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On 29 September 2006, soldiers of the Special Presidential Assistant and Chairman of the Transitional Darfur Regional Authority (SLA-Minnawi) arrested at least 19 Massalit men in Gereida, South Darfur. The arrests followed an armed attack on an SLA-Minnawi base by a group of Massalit dissidents of Gereida in the early morning of 29 September 2006 and were done in public; the men were taken from their houses, the market and the street.
In October 2006, Special Presidential Assistant Minnawi declared a general amnesty for all those arrested in relation to the attack. Since October, representatives of SLA-Minnawi in Gereida have repeatedly stated that they handed over all the detainees to the international community. However, only three of the men who were arrested on 29 September 2006 were subsequently released. All the other men who were arrested are still unaccounted for.
On 22 January 2007, the corpses of eight men exhumed by the Government in Rahad Al Udam were identified as amongst those arrested on 29 September 2006. There are also reports that some of the detainees were amongst a group of 25 corpses found under two trees in early October 2006 near Um Sunut—a location where a group of the arrested men were last seen by witnesses.
After extensive interviews with witnesses of the arrests, relatives of the victims and representatives of SLA-Minnawi, UNMIS raised the question of the fate or whereabouts of the detainees in a letter dated 22 February 2007 to H.E. Minni Arkoy Minnawi, Special Presidential Assistant and Chairman of the Transitional Darfur Regional Authority. UNMIS has not yet received a response.
Following the discovery of corpses of former detainees and the absence of a comprehensive response from the authorities or new information in relation to the arrested persons OHCHR is extremely concerned about the fate of the men arrested on 29 September 2006 in Gereida. OHCHR calls on the Special Presidential Assistant Minnawi to provide an immediate explanation as to the fate and whereabouts of these men. OHCHR is also concerned about credible reports it has received from witnesses regarding the torture of detainees in the presence of SLA leaders, including one senior leader, at an SLA-Minnawi base on the southern side of Gereida as well in the Um Sunut detention facility.
OHCHR recognizes that the arrests followed an armed attack on a SLA-Minnawi base in the early morning of 29 September 2006. In that attack, three SLA soldiers were killed and several fighters from both sides were wounded. Nonetheless, the reported enforced disappearance, torture, and possible summary execution of those men arrested from Gereida are grave violations of human rights and fundamental freedoms. No circumstances whatsoever may be invoked to justify enforced disappearances, torture or summary executions. Any person deprived of their liberty should be held in an officially recognized place of detention and promptly brought before a judicial authority. The Special Presidential Assistant Minnawi should give a detailed response to the above allegations and those responsible for human rights violations should be prosecuted.
Recommendations:
· The Government of National Unity should conduct an independent inquiry into the September 2006 events so as to identify and prosecute those responsible for enforced disappearances, torture or summary executions and compensate victims. All forensic reports and other evidence should be made available and considered in the independent inquiry.
· Special Presidential Assistant Minnawi should disclose the fate or the whereabouts of those arrested in Gereida on 29 September 2006. The physical integrity of those detained must be assured and they should be promptly brought before a judicial authority. UNMIS Human Rights Officers should be provided access to persons detained in September 2006.
The Authorities should ensure that accessible, complete, accurate and fully up-to-date lists of detainees are kept, and shared with families of the detainees and with civilian authorities. All persons deprived of liberty must be released in a manner permitting reliable verification that they have actually been released and, further, have been released in conditions in which their physical integrity and ability fully to exercise their rights are assured.
In October 2006, Special Presidential Assistant Minnawi declared a general amnesty for all those arrested in relation to the attack. Since October, representatives of SLA-Minnawi in Gereida have repeatedly stated that they handed over all the detainees to the international community. However, only three of the men who were arrested on 29 September 2006 were subsequently released. All the other men who were arrested are still unaccounted for.
On 22 January 2007, the corpses of eight men exhumed by the Government in Rahad Al Udam were identified as amongst those arrested on 29 September 2006. There are also reports that some of the detainees were amongst a group of 25 corpses found under two trees in early October 2006 near Um Sunut—a location where a group of the arrested men were last seen by witnesses.
After extensive interviews with witnesses of the arrests, relatives of the victims and representatives of SLA-Minnawi, UNMIS raised the question of the fate or whereabouts of the detainees in a letter dated 22 February 2007 to H.E. Minni Arkoy Minnawi, Special Presidential Assistant and Chairman of the Transitional Darfur Regional Authority. UNMIS has not yet received a response.
Following the discovery of corpses of former detainees and the absence of a comprehensive response from the authorities or new information in relation to the arrested persons OHCHR is extremely concerned about the fate of the men arrested on 29 September 2006 in Gereida. OHCHR calls on the Special Presidential Assistant Minnawi to provide an immediate explanation as to the fate and whereabouts of these men. OHCHR is also concerned about credible reports it has received from witnesses regarding the torture of detainees in the presence of SLA leaders, including one senior leader, at an SLA-Minnawi base on the southern side of Gereida as well in the Um Sunut detention facility.
OHCHR recognizes that the arrests followed an armed attack on a SLA-Minnawi base in the early morning of 29 September 2006. In that attack, three SLA soldiers were killed and several fighters from both sides were wounded. Nonetheless, the reported enforced disappearance, torture, and possible summary execution of those men arrested from Gereida are grave violations of human rights and fundamental freedoms. No circumstances whatsoever may be invoked to justify enforced disappearances, torture or summary executions. Any person deprived of their liberty should be held in an officially recognized place of detention and promptly brought before a judicial authority. The Special Presidential Assistant Minnawi should give a detailed response to the above allegations and those responsible for human rights violations should be prosecuted.
Recommendations:
· The Government of National Unity should conduct an independent inquiry into the September 2006 events so as to identify and prosecute those responsible for enforced disappearances, torture or summary executions and compensate victims. All forensic reports and other evidence should be made available and considered in the independent inquiry.
· Special Presidential Assistant Minnawi should disclose the fate or the whereabouts of those arrested in Gereida on 29 September 2006. The physical integrity of those detained must be assured and they should be promptly brought before a judicial authority. UNMIS Human Rights Officers should be provided access to persons detained in September 2006.
The Authorities should ensure that accessible, complete, accurate and fully up-to-date lists of detainees are kept, and shared with families of the detainees and with civilian authorities. All persons deprived of liberty must be released in a manner permitting reliable verification that they have actually been released and, further, have been released in conditions in which their physical integrity and ability fully to exercise their rights are assured.