Sudan
26.02.02
Urgent Interventions
Sudan: a man sentenced to the amputation of his hand
Case SDN 260202
Torture
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Sudan.
Brief description of the situation
The International Secretariat of OMCT has received information from the Sudanese Victims of Torture Group (SVTG), a member of the OMCT network, that on 24 January 2002, a sentence of amputation of the right hand was executed on Anthony James Ladou Wani, a 46 year old Christian belonging to the KaKwa tribe from Southern Sudan.
Anthony was accused of stealing spare car parts and was convicted of theft under Article 171 of the 1991 Penal Code. The provision states that whoever commits theft may be sentenced with amputation of the right hand if the value of the stolen item is equal to or more than the value of 4.25 grams of gold.
Anthony was sentenced to amputation of his right hand from the wrist on 4 May 2000 and has been detained in Kober prison in Khartoum since that date. He had no legal representation at his initial trial, as he was unable to pay for it himself. It has been alleged that Anthony did not receive a fair trial, that there was not enough evidence to convict him and that the usual judicial procedures were not followed properly. An appeal has been rejected by the highest court with jurisdiction on this matter.
OMCT and SVTG are gravely concerned that the Government of Sudan has once again resumed the punishment of amputation and that it is beginning systematically to execute sentences of amputation given in 2000 and 2001. This punishment is against the Government of Sudan's international obligations, with regards to Article 5 of The Universal Declaration of Human Rights and Article 7 of The International Covenant on Civil and Political Rights.
The Universal Declaration of Human Rights states in Article 5 that 'No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.' The International Covenant on Civil and Political Rights states in Article 7: 'No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.'
The use of amputation as a punishment is also prohibited under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which has also been ratified by Sudan. OMCT recalls the concluding observations of the Human Rights Committee: Sudan (1997) that ‘By ratifying the Covenant [on Civil and Political Rights], the State party has undertaken to comply with all its articles; penalties which are inconsistent with articles 7 and 10 must be abolished.’
Action requested
Please write to the authorities in Sudan urging them to:
i. immediately stop the inhuman practice of amputation and abolish the use of amputation as a method of punishment, which is enacted within the Sudanese Criminal Act 1991;
ii. commute all sentences of amputation;
iii. ensure access to legal representation and guarantee a right of appeal for all individuals;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards, and conform to all recommendations made by the Human Rights Committee.
Addresses
His Excellency Lieutenant Omar Hassan al-Bashir, President of the Republic of Sudan, People's Palace, PO Box 281, Khartoum, Sudan, Fax: + 24911 787676/783223.
Mr Ali Mohamed Osman Yassin, Minister of Justice and Attorney General, Ministry of Justice, Khartoum, Sudan. Telegrams: Justice Minister, Khartoum, Sudan
Mr Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, Fax: + 24911 779383.
Dr Ahmad al-Mufti, Advisory Council for Human Rights, PO Box 302, Khartoum, Sudan.
Fax: + 24911 779173
The Diplomatic Representatives of Sudan in your country.
Geneva, 26 February 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Torture
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Sudan.
Brief description of the situation
The International Secretariat of OMCT has received information from the Sudanese Victims of Torture Group (SVTG), a member of the OMCT network, that on 24 January 2002, a sentence of amputation of the right hand was executed on Anthony James Ladou Wani, a 46 year old Christian belonging to the KaKwa tribe from Southern Sudan.
Anthony was accused of stealing spare car parts and was convicted of theft under Article 171 of the 1991 Penal Code. The provision states that whoever commits theft may be sentenced with amputation of the right hand if the value of the stolen item is equal to or more than the value of 4.25 grams of gold.
Anthony was sentenced to amputation of his right hand from the wrist on 4 May 2000 and has been detained in Kober prison in Khartoum since that date. He had no legal representation at his initial trial, as he was unable to pay for it himself. It has been alleged that Anthony did not receive a fair trial, that there was not enough evidence to convict him and that the usual judicial procedures were not followed properly. An appeal has been rejected by the highest court with jurisdiction on this matter.
OMCT and SVTG are gravely concerned that the Government of Sudan has once again resumed the punishment of amputation and that it is beginning systematically to execute sentences of amputation given in 2000 and 2001. This punishment is against the Government of Sudan's international obligations, with regards to Article 5 of The Universal Declaration of Human Rights and Article 7 of The International Covenant on Civil and Political Rights.
The Universal Declaration of Human Rights states in Article 5 that 'No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.' The International Covenant on Civil and Political Rights states in Article 7: 'No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.'
The use of amputation as a punishment is also prohibited under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which has also been ratified by Sudan. OMCT recalls the concluding observations of the Human Rights Committee: Sudan (1997) that ‘By ratifying the Covenant [on Civil and Political Rights], the State party has undertaken to comply with all its articles; penalties which are inconsistent with articles 7 and 10 must be abolished.’
Action requested
Please write to the authorities in Sudan urging them to:
i. immediately stop the inhuman practice of amputation and abolish the use of amputation as a method of punishment, which is enacted within the Sudanese Criminal Act 1991;
ii. commute all sentences of amputation;
iii. ensure access to legal representation and guarantee a right of appeal for all individuals;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards, and conform to all recommendations made by the Human Rights Committee.
Addresses
His Excellency Lieutenant Omar Hassan al-Bashir, President of the Republic of Sudan, People's Palace, PO Box 281, Khartoum, Sudan, Fax: + 24911 787676/783223.
Mr Ali Mohamed Osman Yassin, Minister of Justice and Attorney General, Ministry of Justice, Khartoum, Sudan. Telegrams: Justice Minister, Khartoum, Sudan
Mr Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, Fax: + 24911 779383.
Dr Ahmad al-Mufti, Advisory Council for Human Rights, PO Box 302, Khartoum, Sudan.
Fax: + 24911 779173
The Diplomatic Representatives of Sudan in your country.
Geneva, 26 February 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.