Mohammed El-Hassan Diyab is a 41 year old human rights activist from Sudan, the President of which country, Omar al-Bashir, is presently wanted by the International Criminal Court under charges on counts of war crimes and crimes against humanity.

He is currently detained in Dover IRC.

As a consequence of his human rights activism, Mohammed was detained in Sudan and subjected to inhuman and degrading treatment. Having escaped detention, he managed to flee Sudan to seek safety in the UK, where he claimed asylum in December 2006. He has provided the UK Border Agency with evidence, including medical reports detailing scars entirely consistent with a history of torture.

His claim for asylum was refused in January 2007. He has been helped to draw up further submissions in relation to his claim for asylum, which drew on the European Court Ruling RC v Sweden -41827/07 [2010] ECHR 307 (9th March 2010). Under this ruling, the Home Secretary is bound to direct a medical expert to provide an opinion as to the cause of such scarring if, as in Mr Diyab's case, she is not persuaded that the medical information provided by the applicant himself is conclusive. No such expert medical report has been sought by the Secretary of State in relation to Mr Diyab's case.

Mr Diyab was due to submit his fresh asylum representations at the Midland Enforcement Unit in Solihull on November 12th. On arrival, however, he was instead informed that he was to be detained and that directions have been set for his removal to Sudan on December 2nd- despite the fact that RC v Sweden expressly instructs the Secretary of State to examine the foreseeable consequences of sending an applicant to his country of origin if there is evidence to suggest that an applicant may have previously been the victim of torture or ill-treatment. Again, no such examination has taken place.

Sudan is number 3 in the list of failed states, only Chad and Somalia are rated worse:
Failed state: A state having little or no governance, endemic corruption, profiteering by ruling elites, very poor Human Rights, the government cannot/will not protect the population from others or itself, massive internal conflict, forced internal/external displacement, institutionalized political exclusion of significant numbers of the population, progressive deterioration of welfare infrastructure (hospitals, clinics, doctors, nurses) not adequate to meet health, needs, progressive economic decline of the country as a whole as measured by per capita income, debt, severe child mortality rates, poverty levels.

What you can do to help:

1. Contact Theresa May, Home Secretary

Ask her to release Mohammed El-Hassan Diyab from detention and to grant him protection in the UK. You can use download model letter, Diyab model letter.doc or alternatively write your own one. Please remember to quote Mohammed El-Hassan Diyab's Home Office Reference number in any correspondence: D1141551.

Rt. Hon Theresa May, MP
Secretary of State for the Home Office,
2 Marsham St
London SW1 4DF
Fax: 020 7035 4745

emails:
 mayt@parliament.uk
Emails:  Privateoffice.external@homeoffice.gsi.gov.uk
 UKBApublicenquiries@UKBA.gsi.gov.uk
"CIT - Treat Official"


Please copy any letters of support to us:  admin@asirt.org.uk

many thanks,

Dave Stamp
ASIRT
St George's Community Hub
Great Hampton Row
Newtown
Birmingham
B19 3JG
0121 233 4295

MODEL LETTER:

Rt. Hon Theresa May, MP
Secretary of State for the Home Office,
2 Marsham St London SW1 4DF
Fax: 020 7035 4745
Email:  mayt@parliament.uk
 UKBApublicenquiries@UKBA.gsi.gov.uk
 CITTO@homeoffice.gsi.gov.uk
 Privateoffice.external@homeoffice.gsi.gov.uk


Dear Ms May,

Mohammed El-Hassan DIYAB

Your ref: D1141551/2

I am writing in relation to Mohammed El-Hassan Diyab is a 41 year old human rights activist from Sudan, the President of which country, Omar al-Bashir, is presently wanted by the International Criminal Court under charges on counts of war crimes and crimes against humanity.

As a consequence of his human rights activism, Mohammed was detained in Sudan and subjected to inhuman and degrading treatment. Having escaped detention, he managed to flee Sudan to seek safety in the UK, where he claimed asylum in December 2006. He has provided the UK Border Agency with evidence, including medical reports detailing scars entirely consistent with a history of torture.

His initial claim for asylum was refused in January 2007. He has been helped to draw up further submissions in relation to his claim for asylum, which draw on the European Court Ruling RC v Sweden -41827/07 [2010] ECHR 307 (9th March 2010). Under this ruling, as you will be aware, you are obliged to direct a medical expert to provide an opinion as to the cause of such scarring if, as in Mr Diyab's case, you are not persuaded that the medical information provided by the applicant himself is conclusive. No such expert medical report has been sought in relation to Mr Diyab's case.

Mr Diyab was due to submit his fresh asylum representations at the Midland Enforcement Unit in Solihull on Friday, November 12th. On arrival, however, he was instead informed that he was to be detained and that directions have been set for his removal to Sudan on December 2nd- despite the fact that RC v Sweden expressly instructs you to examine the foreseeable consequences of sending an applicant to his country of origin if there is evidence to suggest that an applicant may have previously been the victim of torture or ill-treatment. Again, no such examination has taken place.

Sudan is number 3 in the list of failed states, only Chad and Somalia are rated worse:
Failed state: A state having little or no governance, endemic corruption, profiteering by ruling elites, very poor Human Rights, the government cannot/will not protect the population from others or itself, massive internal conflict, forced internal/external displacement, institutionalised political exclusion of significant numbers of the population, progressive deterioration of welfare infrastructure (hospitals, clinics, doctors, nurses) not adequate to meet health, needs, progressive economic decline of the country as a whole as measured by per capita income, debt, severe child mortality rates, poverty levels.

Mohammed is widely supported by campaigners and friends in Birmingham and throughout the UK. I am urging you as Home Secretary to release him from detention immediately and to fully examine the facts of his case in line with your responsibilities under RC v Sweden.

Yours Sincerely,

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