Sudan
16.08.02
Urgent Interventions
Sudan: appeal fails for 88 persons, including two children, who were sentenced to death
Case SDN 100702.2 / 100702.2.CC
Torture / Fair trial / Death penalty
Geneva, August 16th, 2002
The International Secretariat of OMCT has received new information concerning the following situation in Sudan.
New information
The International Secretariat of OMCT has been informed by the Sudan Organisation Against Torture (SOAT), a member of the OMCT network, that the appeal to the District Chief of Justice in Darfour Province of 88 persons, including two children, who have been sentenced to the death penalty was rejected on August 11th, 2002. The lawyer who is representing them is now planning to appeal to the Special High Court in El Obeid, with the submission of such an appeal having to be made within 15 days of the initial appeal having been rejected. These persons face imminent execution, if this appeal is rejected.
The 88 persons, who are members of the Rizeigat tribe that were arrested on May 6th, 2002, following a conflict between members of the Rizeigat and Ma’aliya tribes, were sentenced on July 17th, 2002 to death by hanging or death by hanging and crucifixion, following what OMCT considers to be an unfair trial, carried out by the Special Court (Emergency Court) in Darfour Province, Sudan. The Court was headed by the Judge Mukhtar Ibrahim Adam and 2 Military and Police Officers. Two of the 88 persons are 14-year old boys: Kabashi Alyan and 14-year old Gadim Hamdoun. A complete list of the names of the 88 persons in question was issued with the previous appeal concerning this case, and can be obtained from OMCT upon request.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the 86 men and 2 children that have been sentenced to death. OMCT stresses that it is strongly opposed to any kind of amputation and the death penalty as an extreme form of cruel, inhuman and degrading treatment and a violation of the right to life, as proclaimed in the Universal Declaration of Human Rights and other international human rights instruments.
Furthermore, as a State party to the Convention on the Rights of the Child, Sudan has subscribed to the obligations enshrined under Article 37 (a), according to which “No child shall be subjected to torture or any other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment (…) shall be imposed for offences committed below eighteen years of age.”
Following the previous appeals concerning this case, OMCT has received an official response from the Sudanese authorities, in which they claim that these sentences are proportional to the crimes committed and have been handed down following fair trials before competent courts. However, OMCT would like to recall that it considers that these persons rights have been violated, due to the alleged use of torture and breaches of internationally recognised fair trial standards and guarantees, including: the right to be tried by an impartial tribunal (the Special Court in Darfour Province does not qualify), the right to appeal before an independent tribunal (in this case neither the District Chief of Justice in Darfour Province or the Special High Court in El Obeid qualify), the right to legal representation, alongside the fact that these civilians were tried by what is effectively a military tribunal. Furthermore, OMCT wishes to point out that such sentences are in violation of human rights laws, notably in the case of the two 14-year old boys, given the long-standing worldwide ban on executions of persons under the age of 18, under Article 6, paragraph 5 of the International Covenant on Civil and Political Rights.
Brief reminder of the situation
According to the information received, a total of 136 men were arrested on May 6th, 2002 as a consequence of the tribal conflict, which resulted in the death of 10 people. A total of 96 persons from the Rizeigat tribe were then reportedly charged with armed robbery (Harraba), murder and possession of arms. These crimes can carry penalties of death by hanging, death by hanging and crucifixion, cross amputation or amputation.
According to the information received, 35 of the detainees, including 3 children, were reportedly subjected to torture during their detention between June 21st and 22nd, 2002, including being beaten with sticks, gun butts, and hoses by the Province Chief of Police, an interrogation officer named Ahmed, and four assistants named Omer, Nasr el Din, Musa and Abu Indelang (nickname). The torture allegedly resulted in some of the 35 detainees sustaining broken fingers and forearms.
According to the information received, seven of the 96 persons have been acquitted and one person has been sentenced to 10 years imprisonment as a result of the trial. The names of these persons is unknown at present, although it appears that 14-year old Mohamed Sedieg, who was part of the 35 persons that had been detained and tortured, may have been acquitted, although this remains to be confirmed.
According to the information received, the detainees were tried by the Special Court in Darfour Province. The Special Court, established in accordance with the State of Emergency Act 1998 by the Governors of Southern and Northern Darfour Provinces, deals with crimes of armed robbery, crimes against the state, as well as crimes relating to drugs and public nuisance. The Special Court operates with two military judges and one civil judge. Lawyers are usually forbidden to stand before the Special Court and plaintiffs are given the right to appeal only when sentenced to death or amputation. Under such circumstances, the appeal must be made within seven days of the sentence to the District Chief of Justice, whose decision is final. According to the information received, the Sudanese Minister of Justice has publicly admitted that the Special Courts are not following correct judicial procedures.
According to the report, on July 2nd 2002, the following 6 lawyers who represent the detainees - Masaad Mohamed Ali, Muzemil Jama’ah Al Jack, Mohamed Omer Salah, Mohamed Ali Salah, Ali Adam Ali, Ahmed Mohamed Abdalla - withdrew from the court in protest against the Special Court No. 1 in Niyala Darfour having refused their request to question prosecution witnesses. The judge claims that the court was following its special procedures, which are in violation of internationally recognised fair trial standards and guarantees, under which neither lawyers nor defendants have the right to question the prosecution witnesses. After the lawyers withdrew, the court reportedly continued its session and charged 96 people under Articles 168, 175, 182 and 183 of the 1991 Penal Code, with armed robbery (Harraba), murder and possession of arms.
Although both tribes are of Arabic origin, recent information indicates that members of the Ma’aliya militia have joined with Sudanese Government Forces during the recent dry season offensive against the SPLA in Southern Sudan. As a result, the Rizeigat have accused the government of supporting the Ma’aliya tribe.
Action requested
Please write to the authorities in Sudan urging them to:
i. guarantee the afore-mentioned persons’ physical and psychological integrity;
ii. immediately repeal the death sentence;
iii. prohibit the use of Special Courts in Darfour, as they fail to comply with judicial procedures or internationally recognised fair trial standards and guarantees;
iv. order that the afore-mentioned persons be released immediately in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
v. order a thorough and impartial investigation into the circumstances of these events, notably the allegations of torture, and guarantee that those responsible are brought to trial and that the penal, civil and/or administrative sanctions are applied as provided by law;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights laws and standards, especially the Convention on the Rights of the Child.
Addresses
· His Excellency Lieutenant General Omar Hassan al-Bashir, President of the Republic of Sudan, President' s Palace, PO Box 281, Khartoum, Sudan, Fax: + 24911 783223/787676
· His Excellency Mr Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, Fax: + 24911 779383
· Mr Ali Mohamed Osman Yassin, Minister of Justice and Attorney General, Ministry of Justice, Khartoum, Sudan, Fax: + 24911 788941
· His Excellency Ambassador Mr. Ibrahim Mirghani Ibrahim, Permanent Mission of the Republic of Sudan to the United Nations in Geneva, PO Box 335, 1211 Geneva, Switzerland, Fax: +4122 731 26 56, E-mail: mission.sudan@ties.itu.int.
Please also write to the diplomatic representatives of Sudan in your country.
Geneva, August 16th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Torture / Fair trial / Death penalty
Geneva, August 16th, 2002
The International Secretariat of OMCT has received new information concerning the following situation in Sudan.
New information
The International Secretariat of OMCT has been informed by the Sudan Organisation Against Torture (SOAT), a member of the OMCT network, that the appeal to the District Chief of Justice in Darfour Province of 88 persons, including two children, who have been sentenced to the death penalty was rejected on August 11th, 2002. The lawyer who is representing them is now planning to appeal to the Special High Court in El Obeid, with the submission of such an appeal having to be made within 15 days of the initial appeal having been rejected. These persons face imminent execution, if this appeal is rejected.
The 88 persons, who are members of the Rizeigat tribe that were arrested on May 6th, 2002, following a conflict between members of the Rizeigat and Ma’aliya tribes, were sentenced on July 17th, 2002 to death by hanging or death by hanging and crucifixion, following what OMCT considers to be an unfair trial, carried out by the Special Court (Emergency Court) in Darfour Province, Sudan. The Court was headed by the Judge Mukhtar Ibrahim Adam and 2 Military and Police Officers. Two of the 88 persons are 14-year old boys: Kabashi Alyan and 14-year old Gadim Hamdoun. A complete list of the names of the 88 persons in question was issued with the previous appeal concerning this case, and can be obtained from OMCT upon request.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the 86 men and 2 children that have been sentenced to death. OMCT stresses that it is strongly opposed to any kind of amputation and the death penalty as an extreme form of cruel, inhuman and degrading treatment and a violation of the right to life, as proclaimed in the Universal Declaration of Human Rights and other international human rights instruments.
Furthermore, as a State party to the Convention on the Rights of the Child, Sudan has subscribed to the obligations enshrined under Article 37 (a), according to which “No child shall be subjected to torture or any other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment (…) shall be imposed for offences committed below eighteen years of age.”
Following the previous appeals concerning this case, OMCT has received an official response from the Sudanese authorities, in which they claim that these sentences are proportional to the crimes committed and have been handed down following fair trials before competent courts. However, OMCT would like to recall that it considers that these persons rights have been violated, due to the alleged use of torture and breaches of internationally recognised fair trial standards and guarantees, including: the right to be tried by an impartial tribunal (the Special Court in Darfour Province does not qualify), the right to appeal before an independent tribunal (in this case neither the District Chief of Justice in Darfour Province or the Special High Court in El Obeid qualify), the right to legal representation, alongside the fact that these civilians were tried by what is effectively a military tribunal. Furthermore, OMCT wishes to point out that such sentences are in violation of human rights laws, notably in the case of the two 14-year old boys, given the long-standing worldwide ban on executions of persons under the age of 18, under Article 6, paragraph 5 of the International Covenant on Civil and Political Rights.
Brief reminder of the situation
According to the information received, a total of 136 men were arrested on May 6th, 2002 as a consequence of the tribal conflict, which resulted in the death of 10 people. A total of 96 persons from the Rizeigat tribe were then reportedly charged with armed robbery (Harraba), murder and possession of arms. These crimes can carry penalties of death by hanging, death by hanging and crucifixion, cross amputation or amputation.
According to the information received, 35 of the detainees, including 3 children, were reportedly subjected to torture during their detention between June 21st and 22nd, 2002, including being beaten with sticks, gun butts, and hoses by the Province Chief of Police, an interrogation officer named Ahmed, and four assistants named Omer, Nasr el Din, Musa and Abu Indelang (nickname). The torture allegedly resulted in some of the 35 detainees sustaining broken fingers and forearms.
According to the information received, seven of the 96 persons have been acquitted and one person has been sentenced to 10 years imprisonment as a result of the trial. The names of these persons is unknown at present, although it appears that 14-year old Mohamed Sedieg, who was part of the 35 persons that had been detained and tortured, may have been acquitted, although this remains to be confirmed.
According to the information received, the detainees were tried by the Special Court in Darfour Province. The Special Court, established in accordance with the State of Emergency Act 1998 by the Governors of Southern and Northern Darfour Provinces, deals with crimes of armed robbery, crimes against the state, as well as crimes relating to drugs and public nuisance. The Special Court operates with two military judges and one civil judge. Lawyers are usually forbidden to stand before the Special Court and plaintiffs are given the right to appeal only when sentenced to death or amputation. Under such circumstances, the appeal must be made within seven days of the sentence to the District Chief of Justice, whose decision is final. According to the information received, the Sudanese Minister of Justice has publicly admitted that the Special Courts are not following correct judicial procedures.
According to the report, on July 2nd 2002, the following 6 lawyers who represent the detainees - Masaad Mohamed Ali, Muzemil Jama’ah Al Jack, Mohamed Omer Salah, Mohamed Ali Salah, Ali Adam Ali, Ahmed Mohamed Abdalla - withdrew from the court in protest against the Special Court No. 1 in Niyala Darfour having refused their request to question prosecution witnesses. The judge claims that the court was following its special procedures, which are in violation of internationally recognised fair trial standards and guarantees, under which neither lawyers nor defendants have the right to question the prosecution witnesses. After the lawyers withdrew, the court reportedly continued its session and charged 96 people under Articles 168, 175, 182 and 183 of the 1991 Penal Code, with armed robbery (Harraba), murder and possession of arms.
Although both tribes are of Arabic origin, recent information indicates that members of the Ma’aliya militia have joined with Sudanese Government Forces during the recent dry season offensive against the SPLA in Southern Sudan. As a result, the Rizeigat have accused the government of supporting the Ma’aliya tribe.
Action requested
Please write to the authorities in Sudan urging them to:
i. guarantee the afore-mentioned persons’ physical and psychological integrity;
ii. immediately repeal the death sentence;
iii. prohibit the use of Special Courts in Darfour, as they fail to comply with judicial procedures or internationally recognised fair trial standards and guarantees;
iv. order that the afore-mentioned persons be released immediately in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
v. order a thorough and impartial investigation into the circumstances of these events, notably the allegations of torture, and guarantee that those responsible are brought to trial and that the penal, civil and/or administrative sanctions are applied as provided by law;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights laws and standards, especially the Convention on the Rights of the Child.
Addresses
· His Excellency Lieutenant General Omar Hassan al-Bashir, President of the Republic of Sudan, President' s Palace, PO Box 281, Khartoum, Sudan, Fax: + 24911 783223/787676
· His Excellency Mr Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, Fax: + 24911 779383
· Mr Ali Mohamed Osman Yassin, Minister of Justice and Attorney General, Ministry of Justice, Khartoum, Sudan, Fax: + 24911 788941
· His Excellency Ambassador Mr. Ibrahim Mirghani Ibrahim, Permanent Mission of the Republic of Sudan to the United Nations in Geneva, PO Box 335, 1211 Geneva, Switzerland, Fax: +4122 731 26 56, E-mail: mission.sudan@ties.itu.int.
Please also write to the diplomatic representatives of Sudan in your country.
Geneva, August 16th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.