KACE: Press Statement Detainees from TRACKS Charged with Capital Crimes

After 86 days in detention, Khalaf-Allah Al-Afif Muktar, Mustafa Adam and Midhat Afifaddin Hamadan face capital charges filed against them by the State Security Prosecution Office. Yesterday, Monday,15 August 2016, they were transferred to Al-Huda Prison in Omdurman North. 

They now face the following charges: 

Article 50 – Undermining the Constitutional System 

Article 51 – Waging War Against the State Article 

Article 53 – Espionage 

Article 65 – Criminal and Terrorist Organizations 

In addition to these charges, Mustafa Adam and Midhat Afifaldeen also face charges related to Information Crimes Law, Article 14. 

Arwa Al-Rabie, Imany-Leila Ray and Al-Hassan Kheiry, who were arrested and released on bail after 10 days of detention in May 2016, face the same four charges as the three detainees above. A total of six individuals (four men and two women) related to the TRACKS raid on 29 February 2016 are going to be tried under the above-mentioned charges. 

The first court session will be on Wednesday, 24 August 2016 at 11 a.m. at the Central Khartoum Criminal Court in Khartoum 3. 

Note that the same four criminal charges were previously filed against Khalaf-Allah Al-Afif Mukhtar, Arwa Al-Rabie, Nudayna Kamal, and Adil Bakheit under another ongoing court case, as a result of the March 2015 raid on TRACKS’ office by the National Intelligence and Security Services (NISS). This trial has been ongoing since the 22 May 2016, with the next session scheduled on Wednesday, 24 August 2016 in the Central Khartoum Criminal Court. The two court cases are taking place on the same day, in the same court, under the same judge. 

Additionally, the three detainees have now been transferred to al-Huda Prison after almost three months detention in an extremely small cell inside the State Security Prosecution Office, which lacks the minimum criteria for humane treatment. This 4mx4m cell was over crowded with the total of 26 detainees and no ventilation. Due to this stifling environment, Khalaf-Allah Al-Afif Mukhtar, who has a heart condition, fainted in the early hours on Sunday, 14 August 2016. It should be noted the first prosecutor inside the state security prosecution office, Mr. Mutasim Mahmoud, refused a judge’s order to allow him to see a doctor three weeks prior to this fainting incident. Mr. Mahmoud refused to comply with the judge’s order under the watch of his supervisor, Mr. Bushra, who is complicit in this matter. 

Now, the three detained men have left their suffocatingly small cell for a prison cell where there they can at least fill their lungs with oxygen. 

WE, in Al-Khatim Adlan Center for Enlightenment and Human Development Center (KACE), demand the authorities at al-Huda Prison in Omdurman North to guarantee their treatment in a humane manner, protect their human dignity and respect their human rights as guaranteed under international conventions, such as the right to file a complaint against the state security prosecution office for an unexplained long-term detention, coupled with an inhumane detention environment (i.e. overly crowded cell), which almost threatened Mr. Mukhtar’s life. 

WE demand the authorities to guarantee their right to a speedy and fair trial and not allow the state security prosecution office to prolong their stay in prison by abusing the judicial process. Recent history has shown this office to usually apply delaying tactics, such as purposively missing court sessions and presenting false excuses for their absence to the judge. 

WE demand the authorities to respect their rights under all conditions and at all times without discrimination, as stipulated in international human rights law and the Sudanese constitution, including: access to information and to communicate with the outside world, and their right as detainees to receive visitors, especially friends and family members. 

WE, in KACE, urge all civil society organizations (Sudanese and international) and all activists and concerned citizens to gather at the Central Khartoum Criminal Court on Wednesday, 24 August 2016 at 11 a.m. and to express their solidarity with the six activists who are subjected to these malicious charges. 

WE also urge all Sudanese, regional and international human rights organizations and human rights departments and units at all embassies in Khartoum, especially the UN agencies as well as the European Union, the U.S., U.K., Norwegian, Sweden, Canadian, German, French, and Swiss embassies to attend the trial in order to monitor the proceedings as this will guarantee a speedy and fair trial.