Sudan
22.10.04
Urgent Interventions
Sudan: Arbitrary arrest and detention/ Torture and risk of torture of 3 students and one citizen
Case SDN 220104
Torture / Risk of torture / Corporal punishment / Death penalty / Fair trial
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 been informed by the Sudanese Organisation Against Torture, a member of the OMCT network, of the sentencing to death of 14 persons and of cross-amputation for another person in Sudan.
According to the information received, the Supreme Court in Khartoum has approved the initial Specialised Criminal Court's convictions of nine people's appeals against their death sentences and one person against his cross amputation sentence. They are now at the risk of execution and cross ampuation without the right for further appeal.
The details of the cases include: 1) Omer Alajib Jobara, sentenced to death on March 17th, 2003 before the Aldeain town Criminal Court, the Appeal Court confirmed the sentence on April 29th, 2003; 2) Ibraheam Dawood Abdelrahman, sentenced to death on May 17th, 2003 before the Nyala Court, the Appeal Court confirmed the sentence on July 12th, 2003; 3) Abdelraheam Omer Zakaria, sentenced to death on May 17th, 2003 before the Nyala Court, the Appeal Court confirmed the sentence on July 12th, 2003; 4) Ibraheam Yahya Yagoub, sentenced to death on May 29th, 2003 before the Bouram Court, the Appeal Court confirmed the sentence on July 15th, 2003; 5) Hassan Shigaf Ali, sentenced to death on June 8th, 2003 before the Nyala court, the Appeal Court confirmed the sentence on July 12th, 2003; 6) Ibraheam Mohamed Hussain, sentenced to death on June 8th, 2003 before the Nyala court, the Appeal Court confirmed the sentence on July 12th, 2003; 7) Bilal Hamid Alhabu, sentenced to death on September 30th, 2003 before the Aldeain Court, the Appeal Court confirmed the sentence on December 4th, 2003; 8) Ibraheam Ahmed Omer Abaker, sentenced to death on September 30th, 2002 before the Kass Court, the Appeal Court confirmed the sentence on June 28th, 2003; 9) Mustafa Adam Abdella, sentenced to death on March 27th, 2003 before the Nyala Court; and 10) Mohamed Ishag Mohamed, sentenced on May 31st, 2003 to cross amputation before the Kass Court.
In a separate case, the Nyala criminal court sentenced three men to death by hanging after being convicted of murder under Article 130 of the Penal Code (1991). The men include: 1) Masar Ahmed Ishag, 37 yrs, a nomad, arrested in his home on February 2nd, 2003 from Lawea village, east Nyala town; 2) Jali Adam Ahmed, 18 yrs, a nomad, lives in Kirokirro, was arrested on February 1st, 2003 in the market; and 3) Musa Hamid Ahmed, 20 yrs, lives in Kirokirro, was arrested on February 2nd, 2003 from Lawea village.
The three men were detained at the police station in Lawea and were then transferred to Nyala prison on February 8th, 2003. The three men were accused of killing a man from Omgldan village, 30 kilometers west of Lawea, on February 1st, 2003. The three men appeared before the criminal court in May 2003 and were sentenced on November 3rd, 2003. There was no lawyer representing them during the trial.
An additional case shows that on December 31st, 2003, the Nyala criminal court sentenced Issa Ismaeal Sabeel, a 27 year-old farmer living in Mahajrea, to death by hanging after convicting him of murder under Article 130 of the Penal Code. He was arrested in August 2003 from Labado village for drinking alcohol (Article 78 of the Penal Code) and was detained in the police station in Labado. He was later transferred to Nyala prison on August 15th 2003. He was accused of killing a policeman while in Labado police custody and appeared before the court on August 30th, 2003. He was sentenced to death for murder on December 31st, 2003.
Finally, on 29 December 2003, the Nyala criminal court sentenced Sanousi Alhaj Ismaeal, a 27 year-old merchant from Hey Alwihda in Nyala, to death by hanging after convicting him for murder under Article 130 of the Penal Code (1991). He was arrested on August 30th, 2003 from his house in Nyala and detained at Nyala Janoub (south) police station. He was accused of killing a man in Hey Alwihda on August 18th, 2003. He was allegedly tortured by police officers in Nyala Janoub (south), declaring that they beat him and flogged him in order to extract a confession from him, yet he refused. In September 2003 he was transferred to Nyala prison and remained there until the judgment on December 29th, 2003. He was not represented with a lawyer during the trial.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the afore-mentioned individuals, who are at risk of being subjected to cross-amputation in the case of Mr. Mohamed Ishag Mohamed or execution in the case of the other persons in question, and this as a result of unfair trials. The procedures used by the Nyala Special Court, the Aldeain town Criminal Court, the Bouram Court, and the Kass Courts do not meet international standards for fair trials, notably, as stated above, due to the lack of legal representation for defendants in most of these cases.
OMCT wishes to emphasize that, under international human rights conventions ratified by Sudan, torture, such as amputation, is prohibited under any circumstance. OMCT also stresses that it is strongly opposed to 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.
Action requested
Please write to the authorities in Sudan urging them to:
i. guarantee the afore-mentioned persons’ physical and psychological integrity;
ii. immediately commute the death sentences and repeal the cross-amputation sentence mentioned above;
iii. 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;
iv. abolish the death penalty in Sudan;
v. guarantee respect for human rights and fundamental freedoms throughout Sudan in accordance with national laws and international human rights standards.
Addresses
Please also write to the embassies of Sudan in your respective country.
Geneva, January 22nd, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Torture / Risk of torture / Corporal punishment / Death penalty / Fair trial
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 been informed by the Sudanese Organisation Against Torture, a member of the OMCT network, of the sentencing to death of 14 persons and of cross-amputation for another person in Sudan.
According to the information received, the Supreme Court in Khartoum has approved the initial Specialised Criminal Court's convictions of nine people's appeals against their death sentences and one person against his cross amputation sentence. They are now at the risk of execution and cross ampuation without the right for further appeal.
The details of the cases include: 1) Omer Alajib Jobara, sentenced to death on March 17th, 2003 before the Aldeain town Criminal Court, the Appeal Court confirmed the sentence on April 29th, 2003; 2) Ibraheam Dawood Abdelrahman, sentenced to death on May 17th, 2003 before the Nyala Court, the Appeal Court confirmed the sentence on July 12th, 2003; 3) Abdelraheam Omer Zakaria, sentenced to death on May 17th, 2003 before the Nyala Court, the Appeal Court confirmed the sentence on July 12th, 2003; 4) Ibraheam Yahya Yagoub, sentenced to death on May 29th, 2003 before the Bouram Court, the Appeal Court confirmed the sentence on July 15th, 2003; 5) Hassan Shigaf Ali, sentenced to death on June 8th, 2003 before the Nyala court, the Appeal Court confirmed the sentence on July 12th, 2003; 6) Ibraheam Mohamed Hussain, sentenced to death on June 8th, 2003 before the Nyala court, the Appeal Court confirmed the sentence on July 12th, 2003; 7) Bilal Hamid Alhabu, sentenced to death on September 30th, 2003 before the Aldeain Court, the Appeal Court confirmed the sentence on December 4th, 2003; 8) Ibraheam Ahmed Omer Abaker, sentenced to death on September 30th, 2002 before the Kass Court, the Appeal Court confirmed the sentence on June 28th, 2003; 9) Mustafa Adam Abdella, sentenced to death on March 27th, 2003 before the Nyala Court; and 10) Mohamed Ishag Mohamed, sentenced on May 31st, 2003 to cross amputation before the Kass Court.
In a separate case, the Nyala criminal court sentenced three men to death by hanging after being convicted of murder under Article 130 of the Penal Code (1991). The men include: 1) Masar Ahmed Ishag, 37 yrs, a nomad, arrested in his home on February 2nd, 2003 from Lawea village, east Nyala town; 2) Jali Adam Ahmed, 18 yrs, a nomad, lives in Kirokirro, was arrested on February 1st, 2003 in the market; and 3) Musa Hamid Ahmed, 20 yrs, lives in Kirokirro, was arrested on February 2nd, 2003 from Lawea village.
The three men were detained at the police station in Lawea and were then transferred to Nyala prison on February 8th, 2003. The three men were accused of killing a man from Omgldan village, 30 kilometers west of Lawea, on February 1st, 2003. The three men appeared before the criminal court in May 2003 and were sentenced on November 3rd, 2003. There was no lawyer representing them during the trial.
An additional case shows that on December 31st, 2003, the Nyala criminal court sentenced Issa Ismaeal Sabeel, a 27 year-old farmer living in Mahajrea, to death by hanging after convicting him of murder under Article 130 of the Penal Code. He was arrested in August 2003 from Labado village for drinking alcohol (Article 78 of the Penal Code) and was detained in the police station in Labado. He was later transferred to Nyala prison on August 15th 2003. He was accused of killing a policeman while in Labado police custody and appeared before the court on August 30th, 2003. He was sentenced to death for murder on December 31st, 2003.
Finally, on 29 December 2003, the Nyala criminal court sentenced Sanousi Alhaj Ismaeal, a 27 year-old merchant from Hey Alwihda in Nyala, to death by hanging after convicting him for murder under Article 130 of the Penal Code (1991). He was arrested on August 30th, 2003 from his house in Nyala and detained at Nyala Janoub (south) police station. He was accused of killing a man in Hey Alwihda on August 18th, 2003. He was allegedly tortured by police officers in Nyala Janoub (south), declaring that they beat him and flogged him in order to extract a confession from him, yet he refused. In September 2003 he was transferred to Nyala prison and remained there until the judgment on December 29th, 2003. He was not represented with a lawyer during the trial.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the afore-mentioned individuals, who are at risk of being subjected to cross-amputation in the case of Mr. Mohamed Ishag Mohamed or execution in the case of the other persons in question, and this as a result of unfair trials. The procedures used by the Nyala Special Court, the Aldeain town Criminal Court, the Bouram Court, and the Kass Courts do not meet international standards for fair trials, notably, as stated above, due to the lack of legal representation for defendants in most of these cases.
OMCT wishes to emphasize that, under international human rights conventions ratified by Sudan, torture, such as amputation, is prohibited under any circumstance. OMCT also stresses that it is strongly opposed to 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.
Action requested
Please write to the authorities in Sudan urging them to:
i. guarantee the afore-mentioned persons’ physical and psychological integrity;
ii. immediately commute the death sentences and repeal the cross-amputation sentence mentioned above;
iii. 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;
iv. abolish the death penalty in Sudan;
v. guarantee respect for human rights and fundamental freedoms throughout Sudan in accordance with national laws and international human rights standards.
Addresses
- His Excellency Lieutenant General Omar Hassan al-Bashir, President of the Republic of Sudan, People’s Palace, PO Box 281, Khartoum, Sudan, Telex: 22385 PEPLC SD or 22411 KAID SD, fax : + 24911 783223
- Mr Ali Osman Yasin, Minister of Justice and Attorney General, Ministry of Justice, Khartoum, Sudan. Telex:22459 KHRJA SD or 22461 KHRJA SD (via Ministry of Foreign Affairs), fax : + 24911 788941
- Mr Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, fax : + 24911 779383
- His Excellency Ambassador Ibrahim Mirghani Ibrahim, Permanent Mission of Sudan to the United Nations in Geneva, Case Postal 335, 1211 Geneva 19, fax : 0041 (0) 22 731 26 56, email: mission.sudan@ties.itu.int.
Please also write to the embassies of Sudan in your respective country.
Geneva, January 22nd, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.