Author Archives: Bushra Gamar

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COURT TRIAL OF AL-SANADRA CASE – Update (9)

Category : 2018 , Statement

The court session was held on Wednesday 27th December 2017 at 11:30 AM before Justice/ Abdeen Hamid Dhahi at Khartoum North court, all parties were present. After the session, the judge adjourned court to 10th January 2018.

Summary of the court session

The Court session started at 11:30 AM (Sudan local time) before judge/ Abdeen Hamid Dhahi. In attendance were the investigator, prosecutor, defendants, the panel of lawyers and the general public. 

This session was a continuation of hearing testimonies from the accusing witnesses. Four other witnesses delivered their testimonies as they were cross-examined by the court prosecutor and lawyers from both panels. These witnesses were at the scene of the incident (attack) at Al-Sanadra and their names are;

  • The fourth accusing witness is Abduelraheem Adam Aljak, 40 years of age, farmer and a resident of Al-Sanadra. He is an eyewitness of the killing (murder) of two people (one of them being his brother) and he recognized the killer.
  • The fifth accusing witness is Adam Senada Ahmed Alaati, 38 years, farmer and a resident of Al-Sanadra.
  • The sixth accusing witness is Yousif Ahmed Mukhtar, 33 years, farmer and a resident of Al-Sanadra;
  • The seventh accusing witness is Nourein Adam Mohammed Zain, 28 years, farmer and a resident of Al-Sanadra. He witnessed the killing/murder.

The witnesses recognized some of the defendants to have been part of the attackers who killed people. The summarized conclusion of their testimonies and cross-examination;

  • The number of the attackers ranged between 100 and 150 people, some of them were dressed in PDF uniform and others in civilian attire. They came on motorbikes and others were walking.
  • There was a machine gun used at the end of the attack.
  • There was looting of some shops during the attack and more than two hundred sheep were taken.
  • The duration of the attack was approximately one and half hours (1:30 hrs.).
  • All the victims were not armed.
  • The witnesses recognized eleven (11) attackers of which nine (9) were among the defendants before court. These are; Al-sadiq Mohammed Rahma, Bardab Mohammed Abakar, Osman Mohammed Osman, Ahmed Abdelgadir Salah, Abdelraheem Abdelgadir Salah, Alzaki Saleh, Hamid Almanzol, Abakar Fadelmowla and Mohmmed Nasreldin Daoud.
  • No SPLA-N member at Al-Sanadra village.

By end of the session, the judge adjournment court to 10th January 2018 at 11:00 AM for further hearing of testimonies from the accusing witnesses.   

Recommendations/ Appeals

HUDO urges all the concerned, especially:

  • The Sudan court to conduct the trial fairly
  • The activists and defendants’ supporters to keep on attending court sessions
  • The diplomatic missions and embassies to observe the court sessions
  • The Sudan and international media to give full coverage for the court

 

END

For any further information please write to hudo2009@gmail.com

Download PDF file From here Al-Sanadra Trial - Update (9)


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Update (8) COURT TRIAL OF AL-SANADRA CASE

Category : 2017 , Statement

The court session was held on Wednesday 20th December 2017 at 11:25 AM before Justice/ Abdeen Hamid Dhahi at Khartoum North court. The prosecutor was absent together with some lawyers. The judge adjourned court to 27th December 2017 after the request by defendants’ panel.

Summary of the court session

The Court session started at 11:25 AM (Sudan local time) before judge/ Abdeen Hamid Dhahi. In attendance were the investigator, defendants, the panel of lawyers (not all) and the general public.  The prosecutor did not attend this court session and some other lawyers.

A representative of the defendants’ lawyers Mr. Shain requested court to adjourn the session because of the absence of the military’s legal consultant and lawyer/ Amir Ghalib. The reason given for their failure to attend court was that, they were taking care of their close relatives who are very sick. The representative of the accusing panel Mr. Awad Basha objected reasoning that, the session can go on since other lawyers on the defendants’ panel are present.

The judge obliged with the request for adjournment and postponed the session to 27th December 2017 at 11:00 AM.

Recommendations/ Appeals

HUDO urges all the concerned, especially:

  • The Sudan court to conduct the trial fairly
  • The activists and defendants’ supporters to keep on attending court sessions
  • The diplomatic missions and embassies to observe the court sessions
  • The Sudan and international media to give full coverage for the court

 

END

For any further information please write to hudo2009@gmail.com

Download PDF file From here Al-Sanadra Trial - Update (8)


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Update (7) COURT TRIAL OF AL-SANADRA CASE

Category : 2017 , Statement

The court session was held on Wednesday 13th December 2017 at 11:45 AM before Justice/ Abdeen Hamid Dhahi at Khartoum North court. All parties attended except the prosecutors. The session’s main activity was hearing from the complainant and testimonies from three (3) accusing witnesses. The judge adjourned court sessions to 20th and 21st December 2017.

Summary of the court session

The Court session started at 11:45 AM (Sudan local time) before judge/ Abdeen Hamid Dhahi. In attendance were the investigator, the defendants and the lawyers’ panels in which other lawyers joined the defendant’s panel.as well as public.

The complainant’s statement

Some cases were filed by different relatives of the victims but on 3rd September 2016 they agreed to have one case and to be presented by Al-Sanadra village’s Sheikh/ Mayor: Mr. Babikir Abdalla Babikir. The village Sheikh/ Mayor delivered his statement and was cross examined by the defendants’ lawyers. He informed court that;

  • Al-Sanadra is seven Kilometers (7km) from Al-Abbasiya and that most of its dwellers (inhabitants) are from Tagali tribe/ Nuba.
  • Al-Sanadra incident took place at about 08:00 AM on 2nd September 2016.
  • He had sought for help (intervention) by calling (via phone) the Al-Abbasiya governor and the head of NISS Al-Abbasiya. This was soon after the first bullet was shot but nothing happened (there was no response from them). Nevertheless, the governor was informed a day before the incident about the gathering of the attackers.
  • All the attackers are members of PDF mainly from Arab tribe and other tribes.
  • The number of attackers ranged between one hundred (100) to one hundred fifty (150) people.
  • Al-Sanadra dwellers had earlier been displaced to Al-Abbasiya for three months in 2015 before they returned back.

Names of the three (3) accusing witnesses who testified before court;

  1. Manal Abdalla Suliman, 22 years. She is an eyewitness of her father’s killing/murder.
  2. Ahmed Adam Abdelateef, 65 years old. Emam/ Religious leader of Al-Sanadra mosque. He is an eyewitness.
  3. Aljailey Adam Alawad, 50 years old. He is an eyewitness of the whole incident.

They were examined and cross examined in their testimonies. This was the conclusion;

  • The witnesses recognized in person (know) and named some of the defendants.
  • Most of the attackers were dressed in PDF uniform and others in civilian clothes.
  • The Al-Sanadra dwellers/residents did not fight back or shoot.
  • There were two Toyota land-Cruiser vehicles whereby one of them had a machine-gun mounted on and it was used.
  • Most of the attackers were armed with AK-47 guns
  • The attackers camped at the eastern direction of Al-Sanadra and they prevented any person from moving out of the village by that direction. However, after the incident, it was the same direction that the attackers took to their villages.
  • No one was armed at Al-Sanadra.
  • The attackers came up with false reasons that, they had lost some cattle and this was the cause of attacking Al-Sanadra.

At the end, the judge adjourned court to 20th and 21st December 2017.

Notes:

  • Both the victims and defendants family members attended court in large numbers that the court hall couldn’t occupy them all.
  • Lawyer/ Alshein Suliman Alshein joined the defendants’ panel.
  • Apart from the two panels of lawyers, more than twenty other lawyers attended the session.

Recommendations/ Appeals

HUDO urges all the concerned, especially:

  • The Sudan court to conduct the trial fairly
  • The activists and defendants’ supporters to keep on attending court sessions
  • The diplomatic missions and embassies to observe the court sessions
  • The Sudan and international media to give full coverage for the court

 

END

For any further information please write to hudo2009@gmail.com

Download PDF file From here Al-Sanadra Trial - Update (7)


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Update (6) COURT TRIAL OF AL-SANADRA CASE

Category : 2017 , Statement

The court session was held on Wednesday 6th December 2017 at 11:40 AM before Justice/ Abdeen Hamid Dhahi at Khartoum North court. All parties attended except the prosecutors, though one of them joined later. The session’s main activities were the investigator’s final submission and the cross examination by the lawyers. At the end, the judge announced that the next court session will be on 13th December 2017.

Summary of the court session

The Court session started at 11:40 AM (Sudan local time) before judge/ Abdeen Hamid Dhahi. In attendance were the investigator, the defendants, the lawyers’ panels, the general public and the prosecutor who came late (One and half hours after the session had begun).

The Investigator’s Submission

In his submission, the investigator/ Mohamed Elamein presented/submitted a medical report approving that, the first defendant/ Hassan Ramadan is 15 years old (under age).

The investigator informed court that, the exhibit of four guns /weapons which were handled by the military in Abbasiya after requesting letter from the investigator, belong to the following defendants; Al-sadiq Mohammed Rahma, Alhadi Abdelrahman Ibrahim, Alzaki Saleh Alzaki and Abakar Fadelmowla Suliman.

The investigator informed court that, the case against the escapees; Osman Ebaid Khamees, Musa Mohammed Daoud, Hassan Abduelfadeel and Babikir Nematalla Babikir was separated from the current case (charge sheet). This was because of their disappearance.

According to the investigation and testimonies of witnesses, the investigator recommended to court to charge the defendants under the following articles in Sudan criminal penal 1991:

  • Article (20): Penalty of attempt to commit an offense
  • Article (21): Join acts in execution of criminal conspiracy.
  • Article (130): Murder.
  • Article (139): Penalty for causing intentional wounds.
  • Article (175): Robbery.

The cross examination

The investigator was cross-examined by the accusation panel represented by lawyer/ Baroud Sandal, the first defendant was represented by lawyer/ Abu-Algasim Mohammed, the sixth and seventh defendants were represented by lawyer/ Yousif and the rest of the defendants were represented by the military’s legal consultant/ Amein.

The conclusion was as follows:

  • The PDF commandant in Al-Abbasiya is Captain/ Ali Babikir and the PDF coordinator is Mohammed Saeed.
  • The defendants committed the offence on their own without official order
  • According to the witnesses, the defendants were more than thirty people with more than twenty motorbikes and armed with AK-47 guns. But they denied having any motorbikes.
  • The killed people were eight (8) in number and the injured were thirteen (13) people. All the injuries and deaths were caused by gun shots.
  • All the defendants are from the tribes of Meserya and Falata/ Fulani
  • No one among the attackers/ defendants was injured during the incident.
  • The defendant Osman was identified by one of the injured people (Ismail Adam Awad) as the one who shot him.
  • Witnesses recognized some of the defendants in person.
  • The first defendant (juvenile) is not a member in PDF

 Notes:

  • The victims’ family members attended court in large numbers.
  • The victims’ lawyers questioned the motive of the military in presenting only four (4) guns to court as exhibits while the armed defendants were many. Also, the military’s intention of submitting the four guns (exhibit) on 30th Jan- 2017, one month after receiving the investigator letter on 29th 2016.
  • The lawyers of both sides with the court rescheduled to have weekly court sessions on every Wednesday in which the coming session on 13th December 2017.

 Recommendations/ Appeals

HUDO urges all the concerned, especially:

  • The Sudan court to conduct the trial fairly
  • The activists and defendants’ supporters to keep on attending court sessions
  • The diplomatic missions and embassies to observe the court sessions
  • The Sudan and international media to give full coverage for the court

  

END

For any further information please write to hudo2009@gmail.com

Download PDF file From here Al-Sanadra Trial - Update (6)


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Update (5) COURT TRIAL OF AL-SANADRA CASE

Category : 2017 , Statement

On 29th November 2017, the court hearing was before Justice/ Abdeen Hamid Dhahi at Khartoum North court. The investigator read the details of investigation and the process taken against the defendants/accused. At the end of the session, the judge adjourned court to 6th and 7th December 2017 respectively.

Summary of the court session

The Court session started at 11:45 AM (Sudan local time) before judge/ Abdeen Hamid Dhahi. In attendance were the attorney/ Mohamed Alsafi, the investigator/ Mohamed Elamein Babikir (police Lieutenant), the panel of lawyers (for both the accused and defendants), the defendants and the general public.

The investigator/ Mohamed Elamein stated that the case was reported on 2nd September 2016 by Ms. Manal Abdalla Suliman a daughter of one of the deceased/ victims. Then the investigator submitted to court the following documents:

  • Postmortem reports of the killed people
  • Medical reports of the injured people of which some were rejected by the lawyers of the defendants because they were not stamped. The Judge advised that the rejected medical reports should be presented by issuers (medical personnel).
  • A sketch map showing the site (location) of the incident (Al-Sanadra village) which was drawn by the policeman/ Mohamed Tom and Al-Sanadra village’s Sheikh/ Mayor.
  • A list of the looted items which was assessed and valued at one hundred fifty eight thousand and two hundred twenty five Sudanese pound (158,225 SDG). By that time, it was approximated to be an equivalent of thirty thousand USD ($30,000).
  • Capsules of used ammunition that were found at the scene of incident, seven (7) for AK-47 and twelve (12) for machine-gun.

The investigator further informed court that, the four (4) goats which were found/ caught with the first defendant had been handed (taken back) to the owner. Also he informed court about the dates on which each defendant was arrested.

The proceedings of this session took four hours to end. Thereafter, the judge adjourned court to 6th and 7th December 2017. 

Notes:

  • The court separated the case against the escapee defendant.
  • The accusing panel/ lawyers came in court late after the session had started.
  • Most of the victims’ families were not in attendance while most of the defendants were present.

Recommendations/ Appeal

HUDO urges all the concerned, especially:

  • The Sudan court to conduct the trial fairly
  • The activists and defendants’ supporters to keep on attending court sessions
  • The diplomatic missions and embassies to observe the court sessions
  • The Sudan and international media to give full coverage for the court

 

End

For any further information please write to hudo2009@gmail.com

 

Download PDF file From here Al-Sanadra Trial - Update (5)


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UPDATE ON SUDAN GOVERNMENT INTERVENES IN CHRISTIANS’ WORSHIP (TRIAL OF FIVE CHRISTIAN LEADERS)

Category : 2017 , Statement

The scheduled court session of 15th November 2017 was adjourned to 21st November 2017. In the two court sessions, the complainant was absent while all defendants were present. The judge handed over the case to the Attorney General according to his (Attorney’s) request.

Detailed summary of court proceedings

15th November 2017, was the scheduled day for court session but for the second time, the complainant did not turn up (was absent) while the other parties were present.  The judge adjourned court to 21st November 2017 again the complainant was not present in court.

During the court session of 21st November 2017, a legal consultant/ Mohamed Ezzeldin Mohamed representing the Attorney General appeared with a written letter requesting the judge to hand over the case file. The judge obliged with the order basing on article (58/1) of the criminal procedure law 1991. The Attorney General’s letter justified the request due to petition/ plea that has been submitted to him by the defendants. However, the defendants’ lawyer objected that; neither defendants nor their lawyers submitted any kind of petition. The lawyer requested the judge/justice to confirm his argument by inquiring with the defendants who were present in court. The judge ignored his request and approved Attorney General’s request.   

 Notes:

The Article that Attorney General relied on to make the request is Article (58/1) of the procedure law 1991 which says:

Article: 58      (1) The Minister of Justice, is permitted at any time, after completion of inquiry and before passing the preliminary judgment in the criminal suit to take a justified decision and his signature to stop any criminal suit against any accused; and his decision shall be final and shall not be contested. The court shall thereupon stay the proceeding and pass the necessary orders for terminating the criminal suit.

END

Kindly find the updated statement at; http://wp.me/p6WXCc-xI

For any further information please write to hudo2009@gmail.com

Download PDF file From here Elthawra (29) Church Update


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Update (4) COURT TRIAL OF AL-SANADRA CASE

Category : 2017 , Statement

The court of appeal ruled that, the decision by Khartoum North court should be maintained (upheld). This was in response to the objections/ appeal by the military’s legal consultant. The judge/justice announced 29th November for the coming court session.

Consequences

The military’s legal consultant had earlier challenged and appealed the court order of “confining the two soldiers amongst the defendants in a civilian prison/ Kober prison”. The Court of Appeal made its ruling whereby his objection was overruled / rejected and the Khartoum North court’s decision was maintained/ upheld. The judge/justice announced in the absence of all parties that the next court session will be conducted on 29th November 2017.But court police informed the lawyers of the two parties via phone calls.

Recommendations

HUDO urges all the concerned, especially:

  • The Sudan court to conduct the trial fairly
  • The activists and defendants’ supporters to keep on attending court sessions
  • The diplomatic missions and embassies to observe the court sessions
  • The Sudan and international media to give full coverage for the court

 

END

For any further information please write to hudo2009@gmail.com

Download PDF file From here Al-Sanadra Trial - Update (4)


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UPDATE – RELEASE OF HAFIZ MUSA AFTER SIX MONTHS IN DETENTION

Category : 2017 , Urgent Action

On 7th November 2017, at evening hours, Hafiz Musa Alnour was released from detention at NISS custody in Kadogli and he arrived at his village on 8th November 2017. But the conditions of his release are not known.

Hafiz Musa Alnour, 25 years old, farmer, married and father was arrested on 6th May 2017. He is from Kalendi village near Kurgul of South Kordufan about 50 km South Dilling town. He was arrested by Military Intelligence (MI) in Dilling, Sudan after injuring his leg. The MI accused Hafiz of transferring goods to SPLA/N area which was never proved.

Since then he was kept in MI custody, had no access to treatment and family visits. On 21st May 2017 he was transferred to NISS custody in Kadogli where his mother was allowed to visit him once.

Mr. Hafiz has been released after spending more than six months (185 days) incommunicado without any legal ground or justification. He was released without any charges and the conditions of his release are not known. He has permitted to collect his motorbike and phone from NISS office in Dilling which were confiscated from him the day he was arrested.

 

End

 For further information please contact: Hudo2009@gmail.com

Download PDF file From here Hafiz Update


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SUDAN GOVERNMENT INTERVENES IN CHRISTIAN’s WORSHIP

Category : 2017 , Statement

On 22nd October 2017, Public Order Police arrested five Christian leaders from Christ Church in Elthawra of Omdurman. This incident (arrest) came after the police had forcefully obstructed church members from worship. 

Since 27th May 2017, there was agreement between the executive committee and the opposing group in the Christ church on the manner in which worship time was constituted for each of them. The executive committee is the elected committee by the church’s followers while the opposition group is associated to the ministry of religious affairs which consists of five pastors with some followers.

On Sunday 22th October 2017, church members gathered for prayers at Christ church in Althawra (29) at the agreed time but they were locked outside by the police. The police blocked them on grounds that, there was a resolution issued by the ministry rejecting the agreement and ordering members of this church to worship under the nominated pastor by opposition group. The church members together with their pastors remained on the church yard up to the time when the opposition group came and opened the church. Then, the two groups entered the church and worshipped separately. At 1:00 PM, soon after prayers, a police officer from Althawra police station ordered five church leaders including executive committee members to report to the police station. Upon their arrival, the police officer filed a case against the five arrested church leader under article 77 of Sudan Penal Code - 1991 (Public nuisance) and detained them. The arrested church leaders were:

  1. Pastor/ Ayoub Telian, the president of the executive committee of Sudanese Christ church.
  2. Pastor/ Ali hakim, the sponsor of Elthawra (29) Christ church.
  3. Pastor/ Imbrator Hamad Badur.
  4. The missionary/ Mr. Habeil Ibrahim Eltahir.
  5. Abdelbagi Tutu Korey, member of the executive committee of Sudanese Christ Church.

They were released on the same day at 10:00 PM on police bond (bail) and a court trial was scheduled for 31st October 2017 in Althawra court. All the five arrested church leaders were attended   the trial scheduled date while the complainant/ plaintiff (the policeman) was absent. One of the defendants’ lawyers informed HUDO that the judge offered an arrangement (deal) of discharging the case if the five defendants agreed by signing not to act in the same manner. The offer was entirely rejected by the defendants.   Then the judge postponed court to 15th November 2017.

HUDO Centre’s executive director Bushra Gamar commented that “We cannot take this case in isolation from many previous cases concerning the oppression and infringement of Christians’ rights by Sudan government. It is a deliberate process in which the current regime has created churches management department headed by Muslims at the ministry of religions intervening in Christians basic rights of worship while leaving the Sudanese Church Council with the secondary role. That aside, the ministry intended to support small groups against the legitimate committees neglecting the will of majority. Nevertheless, the court offering a dismissal case deal in the absence of the complainant”

HUDO Centre is very concerned about Christians’ right of worship. We call upon;

  • The Sudanese community to support the Sudanese Christians and to carry out a campaign in protecting the freedom of worship.
  • The supporters and activists to attend the next court session.
  • The international community and embassies in Sudan to put more pressure on Sudan government to stop targeting Christians.

END: For any further information please contact hudo2009@gmail.com  

Download PDF file From here Elthawra (29) Church


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Update (3) COURT TRIAL OF AL-SANADRA CASE

Category : 2017 , Statement

The fourth (4th) court session which was scheduled for 18th October 2017 at Khartoum North court was postponed to unknown date until a verdict from the court of appeal is made. The military’s legal consultant had earlier appealed the court order.

Consequences

The fourth (4th) court session scheduled for 18th October 2017 was not held/ conducted. This was because, the military’s legal consultant had challenged and appealed the court order of “confining the two soldiers among the defendants in Kober prison” The Khartoum North court will continue with the trial after receiving the decision/verdict from Court of Appeal.   

 Notes:

  • The defendant/ Abdelraheem Abdelgadir Salah Mohammed, who was missing (not present) in the previous 3rd court session joined the other defendants at Kober prison. HUDO was reliably informed that, Mohammed was permitted by the PDF camp where he was detained to attend a personal business in Al-Abbasiya and after he came back and joined the others.
  • The defendant/ Hassan Abdelfadeil Nematalla (the name shall be verified when he attend to the court) who disappeared since the opening of the case had been caught in Al-Abbasiya and he is expected to be transferred to Khartoum and join the rest of the defendants.

Recommendations

HUDO urges all the concerned, especially:

  • The Sudan court to conduct the trial fairly
  • The diplomatic missions and embassies to observe the court sessions
  • The activists and defendants’ supporters to keep on attending court sessions
  • The Sudan and international media to give full coverage for the court

 

END

For any further information please write to hudo2009@gmail.com

Download PDF file From here Al-Sanadra Trial - Update (2)