Sudan: corporal punishment

Case SDN 100106

Corporal punishment

The International Secretariat of OMCT has reqests your URGENT intervention in the following situation in Sudan.

Brief description of the situation

The International Secretariat of OMCT has been informed by the Sudan Organisation Against Torture (SOAT), a member of the OMCT network, that on 25th December 2005, Zalingy Special Criminal Court sentenced Abdella Salih Hussain Mohamed (35yrs) to cross amputation of his right hand and left foot, and to a total of six years imprisonment after convicting him under Article 130 (murder) and Article 167 (armed robbery Hiraba) and imposing sentence under Article 168 (Penalty for Armed Robbery – Hiraba) of the Sudanese Penal Code of 1991. The Sudanese Penal Code of 1991 is based on Sharia law.

According to the information received, Mr. Mohamed was initially arrested and detained by police officers in Zalingy on 3 June 2005 on suspicion of looting property (three donkeys) belonging to internally displaced persons (IDPs) and causing the death of Fatima Adam Haroun during the theft in Alhisahisa IDP camp in Zalingy. On 7 September 2005, the case was transferred before the Special Criminal Court. Following presentations by both the prosecution and defence, Mr. Mohamed was found guilty on the same day.

The Special Court, established in accordance with the State of Emergency Act 1998 by the Governors of Southern and Northern Dafour Provinces, deals with crimes of armed robbery, crimes against the state, as well as crimes relating to drugs and public nuisance. According to the information received, the Sudanese Minister of Justice has publicly admitted that the Special Courts are not following correct judicial procedures.

OMCT considers that Mr. Abdella Salih Hussain Mohamed’s rights were violated due to breaches of internationally recognised fair trial standards and guarantees.

Furthermore, 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.

Requested Action:

Please write to the authorities in Sudan urging them to:
i. guarantee the physical and psychological integrity of Abdella Salih Hussain Mohamed;
ii. nullify the sentence and guarantee that a retrial under conditions which accord with internationally recognised standards for a fair trial;
iii. guarantee that, in the event he is found guilty after a retrial, any punishment imposed be in accordance with international human rights standards including the UN Convention Against Torture, to which Sudan is a party;
iv. prohibit the use of Special Courts in Dafour, as they fail to comply with judicial procedures or internationally recognised fair trial standards and guarantees;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international humanitarian law and human rights standards.

Addresses:

• His Excellency Lieutenant General Omar Hassan al-Bashir, President of the Republic of Sudan, President' s Palace, PO Box 281, Khartoum, Sudan. Fax: + 249 183 783223
  
• Mr. Lam Akol Ajawin, Minister of Foreign Affairs, Ministry of Foreign Affair, PO Box 873, Khartoum, Sudan. Fax: + 249 183 779383
  
• Mr. Salva Kiir Mayardit, First Vice-President, PO Box 281, Khartoum, Sudan. Fax: + 249 183 771025
  
• Dr. Abdelmuneim Osman Mohamed Taha, Vice-President, PO Box 281, Khartoum, Sudan. Fax: + 249 183 771025
  
• His Excellency Ambassador Mr. Mohamed Al- Hassan Ahmed Al-Haj, Permanent Mission of the Republic of Sudan to the United Nations in Geneva, PO Box 335, 1211 Geneva, Switzerland, Fax: +4122 731 26 56, +41 22 716 19 70, E-mail: mission.sudan@ties.itu.int.

Please also write to the embassies of Sudan in your respective country.

Geneva, 10th January 2006

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.