US embassy cable - 92KHARTOUM5809

C O N F I D E N T I A L SECTION 01 OF 02 KHARTOUM 05809 
 
 
E.O.:12356:DECL:OADR 
TAGS: PHUM, PGOV, PINS, SU 
SUBJECT:  BASHIR RELEASES COUP PLOTTERS 
 
REF:  91 KHARTOUM 1520 
 
1.  (C)  SUMMARY:  ON JULY 27, SUDANESE HEAD OF 
STATE LT. GEN. OMAR BASHIR REPORTEDLY PARDONED THOSE 
PERSONS WHO HAVE RECEIVED PRISON SENTENCES OF 
FIFTEEN YEARS OR LESS FOR STATE SECURITY CRIMES.  HE 
ALSO REDUCED PRISON TERMS FOR OTHERS AND PROMISED 
OBSERVANCE OF LEGAL RIGHTS IN FUTURE SECURITY 
CASES.  WHILE THE MOVE TO RELEASE PRISONERS IS A 
POSITIVE ONE, THE GOS HAS MADE SIMILAR HUMAN RIGHTS 
PLEDGES TO IMPROVE JUDICIAL PROCEDURES IN THE PAST, 
MOST NOTABLY TO AMBASSADOR CHEEK AND OTHER WESTERN 
DIPLOMATS IN MAY, 1991.  THESE PROMISES NEVER 
MATERIALIZED.  FOR NOW, IT WOULD BE PRUDENT TO ADOPT 
A POSITION OF "WAIT AND SEE."  END SUMMARY. 
 
2.  (U)  ON JULY 27, PRESIDENT OMAR BASHIR ISSUED A 
RESOLUTION RELEASING THOSE PERSONS SENTENCED FIFTEEN 
YEARS OR LESS FOR "CRIMES AGAINST STATE SECURITY." 
BASHIR ALSO REDUCED LIFE IMPRISONMENT AND TWENTY 
YEARS' IMPRISONMENT TERMS BY HALF.  THE FOLLOWING 
DAY, SUDAN'S DIRECTOR OF PRISONS ANNOUNCED THAT 54 
PRISONERS HAD BEEN FREED, FROM A TOTAL OF 74 
INVOLVED IN COUP PLOTS.  THE RELEASEES, HE SAID, 
INCLUDED 27 PERSONS BEING HELD IN KHARTOUM STATE 
PRISONS (17 MILITARY PERSONNEL AND 11 CIVILIANS WERE 
RELEASED FROM KOBER PRISON IN KHARTOUM).  THE 
REMAINDER CAME FROM PENAL INSTITUTIONS IN OTHER 
STATES. 
 
3.  (U)  ON JULY 30, GOS-CONTROLLED NEWSPAPER, 
"SUDAN AL-HADITH" PUBLISHED THE NAMES OF THOSE FREED 
FROM THE VARIOUS PRISONS THROUGHOUT SUDAN (SHALLA, 
PORT SUDAN, SUAKIN, EL OBEID, ETC).  THE NUMBERS 
ALSO TOTAL 54.  (THE ARTICLE, HOWEVER, GIVES 
DIFFERENT FIGURES FOR KOBAR PRISON RELEASES--16 
ONLY.) 
 
4.  (U)  IN ADDITION TO LISTING SEVERAL AUGUST, 1991 
COUP PLOTTERS NOW FREED, SUCH AS COL. (RTD) MUSTAFA 
YOUSIF AL-TINAI, LT. COL. HAMADTU HUSSEIN IBRAHIM, 
AND GEN. (RTD) MOHAMMED OSMAN ABDALLAH HILAYFI, THE 
NEWS ARTICLE NAMES LONG-TIME DETAINEES, STANISLAUS 
KAW, HENRY TONG AND ABDEL GADIR ALI HAMID.  THESE 
MEN WERE, ALONG WITH DR. AHMED OSMAN SIRAJ, 
ALLEGEDLY INVOLVED IN THE SEPTEMBER, 1990 COUP 
PLOT.  "SUDAN AL-HADITH" ALSO REPORTS THAT THE LIFE 
SENTENCES FOR ABDEL RAHMAN ABDALLAH NUGUDALLAH, UMMA 
POLITICIAN, AND HASHIM AL KHEIR HASHIM, BOTH 
INVOLVED IN THE AUGUST, 1991 PLOT, WERE 
REDUCED--ALBEIT TO UNSPECIFIED TERMS.  (NOTE: 
DESPITE GOS ASSERTIONS THAT THE RELEASES HAVE 
ALREADY OCCURRED, WE HAVE INITIAL REPORTS THAT THOSE 
IMPRISONED IN DARFUR, THE EAST, AND OTHER OUT-LYING 
REGIONS HAVE YET TO BE FREED DUE TO PRACTICAL 
DELAYS.  THESE RELEASES ARE EXPECTED SOON.) 
 
5.  (C)  THERE IS STILL UNCERTAINTY THAT THE 
AMNESTY/REDUCTION OF SENTENCES WILL AFFECT THOSE 
PERSONS SUCH AS COL. NASR HASAN BASHIR NASR, 
RECENTLY SENTENCED TO DEATH FOR ESPIONAGE, AND SID 
AHMED AL-HUSSEIN, CURRENTLY BEING TRIED IN THE WEST 
FOR RECRUITING FOR THE SPLA.  SOME OBSERVERS HERE 
BELIEVE THAT COL. NASR'S DEATH SENTENCE IS LIKELY TO 
BE COMMUTED TO A PRISON TERM.  THERE ARE UNCONFIRMED 
REPORTS THAT CHIEF JUSTICE LUTFI HAS ALREADY DONE 
THIS.  WHEN SID AHMED'S CASE IS FINALLY RESOLVED, 
SOME BELIEVE THAT WHATEVER SENTENCE HE RECEIVES IS 
ALSO LIKELY TO BE REDUCED.  FOR NOW, HOWEVER, THIS 
REMAINS SPECULATION. 
 
6.  (U)  ON JULY 27, BASHIR ALSO DECLARED THAT, 
HENCEFORTH, ALL STATE SECURITY CASES WILL BE 
PUBLICLY TRIED AND DEFENDANTS WILL BE PERMITTED 
DEFENSE ATTORNEYS.  FURTHER, ANYONE BELIEVING THAT 
HIS RIGHTS HAVE BEEN ABUSED IS FREE TO SUBMIT HIS 
CASE TO THE COURTS.  ATTORNEY GENERAL DR. ABDALLAH 
IDRISS, PRESENT WITH BASHIR FOR THE ANNOUNCEMENT, 
ADDED THAT THOSE CURRENTLY UNDER PREVENTIVE 
DETENTION AND THOSE PREVIOUSLY DETAINED MAY, IF THEY 
WISH, SUBMIT A GRIEVANCE, WITH SUPPORTING EVIDENCE, 
TO A JUDGE. 
 
7.  (C)  WHILE THESE RELEASES ARE A WELCOME 
DEVELOPMENT, WE RECALL THAT IN MAY 1991, SENIOR GOS 
OFFICIALS, INCLUDING THEN-POLITICAL ADVISOR, DR. 
GHAZI SALAH EDDIN, RCC MEMBER COL. KHALIFAH AND 
THEN-JUSTICE MINISTRY UNDERSECRETARY ALI YASIN, 
ASSURED AMBASSADOR CHEEK AND OTHER WESTERN 
AMBASSADORS THAT POLITICAL DETENTIONS WOULD BE 
SUBJECT TO STRICTER JUDICIAL SUPERVISION AND REVIEW 
(REF).  ALSO, POLITICAL DETAINEES WOULD HAVE THE 
RIGHT TO PRESS CHARGES OF ALLEGED PHYSICAL 
MISTREATMENT IN THE COURTS.  THE GOS REPRESENTATIVES 
PROUDLY PROCLAIMED THESE PLANNED HUMAN RIGHTS 
IMPROVEMENTS TO THEIR, ADMITTEDLY, SKEPTICAL 
AUDIENCE. 
 
8.  (C)  FIFTEEN MONTHS LATER, HOWEVER, NONE OF 
THESE GOS PROMISES HAD MATERIALIZED.  IF ANYTHING, 
SECURITY PERSONNEL SEEMED TO ENJOY EVEN GREATER 
FREEDOM OF OPERATION WITH LESS OVERSIGHT.  WHAT DID 
CHANGE WAS THE PATTERN OF POLITICAL DETENTIONS: 
SECURITY ORGANIZATIONS USED GHOST HOUSES RATHER THAN 
PRISONS TO HOLD DETAINEES.  IN THESE SECRET GHOST 
HOUSES, SECURITY PERSONNEL ARE BETTER PLACED TO 
COMMIT ABUSES SUCH AS PHYSICAL MISTREATMENT/TORTURE 
AND BETTER ABLE TO ARREST PEOPLE AS THEY FEEL 
INCLINED.  ALSO, REPEATED ARRESTS OF THE SAME 
INDIVIDUAL WERE NOT UNCOMMON SINCE, UNLIKE IN FORMAL 
PRISONS, LEGAL RECORDS ARE NOT KEPT IN GHOST HOUSES. 
 
9.  (C)  WE MUST ALSO CAUTION THAT UNDER THIS 
REGIME, EVEN OPEN TRIALS MAY NOT GUARANTEE JUSTICE. 
FOR EXAMPLE, THE RECENT TRIAL OF COL. NASR--FOR 
ESPIONAGE--WAS AN OPEN ONE, BUT BY ALL ACCOUNTS, 
LITTLE DUE PROCESS WAS EVIDENT.  AT HIS TRIAL, COL. 
NASR REPORTEDLY DECLARED HE HAD BEEN BEATEN AND 
POINTED TO HIS ALLEGED TORTURER, PRESENT IN THE 
COURT ROOM.  NONETHELESS, HE WAS FOUND GUILTY AND 
SENTENCED TO DEATH. 
 
10.  (C)  THAT SAID, THE JULY 27 ANNOUNCEMENT CAME 
AS A SURPRISE HERE AND MANY OBSERVERS ARE 
SPECULATING AS TO THE REASONS BEHIND THE MOVE.  THE 
GOS HAS PUBLICLY STRESSED THAT THE DECISION CAME AS 
THE RESULT OF A PETITION FROM SUDAN'S HUMAN RIGHTS 
ORGANIZATION (A GOS ORGAN) AND ITS NEW ISLAMIC HUMAN 
RIGHTS ASSOCIATION.  NO ONE BELIEVES THIS.  SOME, 
CITING NIF SOURCES, SAY THAT HASSAN TURABI WAS SO 
IMPRESSED WITH HIS U.S. VISIT, THAT HE GAVE THE 
"GREEN LIGHT" TO THE RELEASES IN ORDER TO IMPROVE 
RELATIONS WITH THE U.S.  (COMMENT:  HIGHLY 
DOUBTFUL).  OTHERS CITE A RECENT ARAB LAWYERS GROUP 
MEETING IN CAIRO CONDEMNING SUDAN'S HUMAN RIGHTS 
ABUSES (SOMETIMES A PRECURSOR TO PRISONER RELEASES 
HERE). 
 
11.  (C)  WHATEVER THE REASON, IT WOULD BE NAIVE TO 
ASSUME THAT GOS HUMAN RIGHTS PRACTICES WILL IMPROVE 
FOR THE SUDANESE OPPOSITION OR FOR THOSE UNFORTUNATE 
INNOCENTS ROUNDED UP ON THE WHIM OF SECURITY 
AGENTS.  THE TREMENDOUS GAP BETWEEN WHAT THE GOS 
SAYS AND WHAT IT DOES IS A COMMON FEATURE OF LIFE 
HERE.  IN ADDITION, WE CANNOT EXPECT THE GOS TO 
SEPARATE ITSELF FROM THE ACTIONS OF ITS SECURITY 
ORGANIZATIONS.  DCM WAS RECENTLY TOLD BY MEMBERS OF 
THE NIF THAT DE FACTO HEAD OF SECURITY, DR. NAFI ALI 
NAFI, WILL REMAIN IN HIS JOB.  THE GOS IS GOING TO 
HAVE A DIFFICULT TIME IN PROVING IN THE WEEKS AND 
MONTHS AHEAD THAT--AS PROMINENTLY PLASTERED IN NEWS 
HEADLINES HERE--"TOLERANCE IS PRACTISED" IN SUDAN. 
 
 
CHEEK