Djibouti :

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Maître AREF, political prisoner ?
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L'ARDHD
FIRM THE PETITION

DJIBOUTI

We must help MOHAMED AREF to become free !

In last March, with the AFADD and the Lawyers Committee for Human Rights, " UAE-HUMAN RIGHTS " expressed its concern about the imprisonment of lawyer and human rights advocate Aref Mohamed Aref
(see JDDH March 1999).

Mr. Aref has been imprisoned and repeatedly harassed by the Djibouti government in relation to his human rights activities.

On February 15, 1999 Mr. Aref was sentenced to two and a half years imprisonment on charges of attempted fraud that are widely believed to have been fabricated by the authorities in order to prevent him from voicing his concerns in the upcoming electoral period. In our February appeal we reported that Mr. Aref was deprived of any legal representation in the case brought against him.

New information reveals that one Djibouti lawyer was permitted to plead before the court in his defense. As others organizations ; we are pleased to learn that Mr. Aref was permitted some legal representation, however we remain concerned that he was deprived of the counsel of his choice contrary to Article 7 of the African Charter on Human and People's Rights.

As described in the February appeal, Mr. Aref sought legal representation from abroad and of the three lawyers willing to represent him, two were denied visas and a third was denied the right to plead before the court in contravention of a bilateral treaty between France and Djibouti.

Furthermore, the Lawyers Committee remains concerned that the procedural irregularities leading up to Mr. Aref's trial seriously casts into doubt whether Mr. Aref has enjoyed the right to a fair trial as guaranteed by the African Charter and the Universal Declaration of Human Rights.

Finally, Mr. Aref has now spent more than a month in detention under conditions that fall far short of the United Nations Standard Minimum Rules for the Treatment of Prisoners and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.

He is being kept in a cell infested with cockroaches and mosquitoes, in which it is too small to lie flat, and which has no roof to protect him from the sun.

Recommended Action Please refer to the fuller details of this case contained in the February 1999 Lawyer to Lawyer appeal.

We encourage you to write courteous letters to the Djibouti authorities listed below, protesting the imprisonment of Aref Mohamed Aref.

Please note in your letters that the legal process in Mr. Aref's case fell far short of the internationally guarantied right to a fair trial, essential components of which are access to legal assistance of the defendant's choice and clear specification of criminal charges.

Call for the immediate release of Mr. Aref and the suspension of all hearings against him pending the decision of the Supreme Court of Djibouti regarding the validity of the charges against him.

Furthermore, please highlight the importance of upholding the principles of the Declaration on Human Rights Defenders, which seeks to guarantee an environment where human rights defenders are free to carry out their work free from official harassment.

Please send copies of your letters, not noted on the original, to Vittoria Fariello at the Lawyers Committee for Human Rights.

If you are writing after April 15, or if you require further information, please contact Ms. Fariello at (212) 845-5298.

Appeals to:

Monsieur Mohamed Dini Farah
Ministre de la Justice Ministère de la Justice
BP 12 Djibouti
République de Djibouti
Fax: +253 35 54 20

Monsieur Elmi Obsieh Wais
Ministre de l'Interieur
Ministère de l'Interieur
PO Box 6 Djibouti
République de Djibouti

Copies to:

Please send copies of your letters to
the United Nations Special Rapporteur on the Independence of Judges and Lawyers,
Dato' Param Cumaraswamy,
urging him to investigate the case of Mr. Aref and, more generally, the independence of the judiciary in Djibouti.

Dato' Param Cumaraswamy
Special Rapporteur on the Independence of Judges and Lawyers Office of the High Commissioner for Human Rights
Palais des Nations
8-14 Av. de la Paix
CH-1211 Geneva 10,
Switzerland Fax:
+41 22 917 0092

If you are interested in joining the Lawyer - to - Lawyer Network, and becoming directly involved in our advocacy efforts, please contact the:

Lawyers Committee at
comm@lchr.org .

Prochaines audiences de la Cour Européenne des Droits de l'Homme :
avril 1999 Mercredi 21 avri1 1999 : Civet v. / c. France
Jeudi 22 avril 1999 . ÖZDEP v. Turkey / c. Turquie
Mardi 27 avril 1999 Danemark c. Turquie (mauvais traitements qu'aurait subis un ressortissant danois d'origine kurde pendant sa détention en Turquie du 8 juillet au 16 août 1996).

Les arrêts de la Cour Européenne des Droits de l'Homme peuvent être consultés dès le jour de leur parution sur l'Internet sur le site de la Cour :
www.dhcour.coe.fr

Vous pouvez aussi accéder directement au serveur de la Cour par le site internet de l'UNION DES AVOCATS EUROPEENS www.uae.lu


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