A letter from JEM Prisoners of War in Khartoum to the UN Human Rights Rapporteur to Sudan

May 25th, 2009

Your Excellency, Dr. Sima Samar, the UN Human Rights Rapporteur to Sudan.

Greetings.

We very much thank you for visiting us in prison in and commend your work in Human Rights Issues in Sudan.  We, members of JEM and Prisoners of War in Kober Prison, Sudan, have been subjected to blatant breach of our rights as Prisoners of War.   We summarise our predicament in the following:

1.We are committed members of JEM and are in war against the government of Sudan (GoS). Taking arms against the government has never been our preference.  We have been forced into it because GoS has left us with no other choice.

2. In our struggle to secure our legitimate rights, we have invaded Khartoum, the very centre where decisions to bomb, rape and pillage Darfur are taken.

3. Khartoum is signatory to the Four Conventions of Geneva, one of whom concerns us as Prisoners of war.  In accordance with those Conventions, Khartoum is in direct breach of international laws regarding POW and Human Rights Statutes.

5. We convey to you that following our capture on or after May 10th 2009, the date of invasion of the National Capital by JEM we have been deprived of our human rights and subjected to horrific torture:

a) Captives were divided into two groups. The first group of 108 consisted of members of JEM who were taken to an unknown destination.  According to reliable information, members of this group have been subjected to mock trials prior to their summary execution.   We appeal to you to investigate the fate of this group as it constitutes one of the worst atrocities of recent time (names attached with original letter).

b ) A separate group of 15 members of JEM were executed in a firing squad at the White Nile, Ingaz Bridge on May 11th 2009.

c) The second group were taken into Military Prison of Omdurman and subjected to horrendous torture using electric shocks, whips, iron bars, dogs and sleep and water deprivation.  Five captives died of thirst in the Military Prison before the rest were taken to the Security HQ and later to Kober Prison between May 11th and May 18th 2009.

d) In addition to that, Prisoners were subjected to racist abuse targeting their ethnicity and regional origin.   Some of these prisoners were left thirsty for three days and later forced to drink their urine. 

e) After more than forty days of continuous torture, the captives were moved into so-called trials under Terrorism Act.  Prisoners were tortured to extract and record “confessions” later presented to the courts.  Recorded confessions were taken as evidence in court and defence lawyers were not permitted to challenge their legitimacy.  In a clear breach even of the Sudanese National legal System, laws under which the prisoners were convicted were enacted after invasion of Omdurman.

f) A total of 91 POWs were sentenced to death, including seven who suffer mental and psychiatric problems and have no connection with JEM.  Trials took place under a new Charter drafted by the Chief Justice.  The Charter prevailed over and contradicted higher sources of law including Sudan Transitional Constitution, 2005, Sudan Criminal Law, 1981 and Law of Evidence, 1983. All legal objections put forward by defence teams were rejected in favour of continuation of the fake trials.  Failing to secure legitimacy of the courts on Constitution grounds, the judges resorted to reference to Nurenburg trials as a guiding precedence for their legal process. 

g) Throughout the trials, the prosecutors relied on torture-extracted confessions and witnesses largely drawn from security personnel and others who were involved in torture.  Strangely enough, those who refused to make any confession under torture also received death sentences.

f) In Kober Prison, the captives were kept under conditions similar to those of the Nazi concentration camps.  More than 11 prisoners were kept in a cell of 2X3 squire meters of uneven floor.  Cells were badly ventilated, poorly lit and with each prisoner allowed to leave for toilet once every 24 hours only.  Later improvement introduced meant remaining in the cell for 22 hours a day and with only two short breaks for prayers a day. 

Absence of any health services was compounded by deliberate inclusion of others who suffer infectious diseases like TB and mental problems in the same cells.  Loud noise was pumped into cells are regular intervals.
297 prisoners were forced to share three toilets with each inmate given a single visit of a limited time per day.  Captives were kept in the same quarter allocated for prisoners awaiting execution and were forced to march in front of corpses of executed criminals.

Cells were regularly searched in a humiliating way and under supervision of the Ministry of Internal Affairs instead of the usual Prison authority. 

The POWs were kept in shackles welded directly on their legs causing severe injuries and burns in the process.

Your Excellency:

With all of the above, we appeal through your office for the following:

1. We appeal to the international community to exert pressure on the government of Sudan to meet its international obligations regarding respect of human rights and put an end to the current mass eradication in Darfur

2. We appeal to the international community to use its powers and force the government of Sudan to release JEM war prisoners and all those who have been detained or convicted in connection with Darfur conflict and in line with the Doha Good Will Agreement.

3. We appeal to the United Nations and the Human Rights Council to launch an independent forum to investigate the case of the 108 JEM prisoners whose fate remains unknown to this day.

4.  In the meantime and until all JEM prisoners are released, we appeal to you to ensure that those who are currently under detention are treated humanely and in line with international conventions.
 
Sincerely
JEM Prisoners of War in Kober Prison.