Sudan
23.03.04
Urgent Interventions
Sudan: Mr. Hassan Haroun sentenced to cross amputation
Case SDN 230304
Risk to personal integrity / Corporal punishment
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 (SOAT), a member of the OMCT network, of concerns for the personal integrity of Mr. Hassan Haroun, a resident of Kashalungo, east Nyala, who has been sentenced to cross amputation of the right hand and left foot, in Sudan.
According to the information received, the Specialised Criminal Court in Nyala reportedly sentenced 35-year old Mr. Hassan Haroun Adam to cross amputation on March 20th, 2004. He was convicted under article 167 (Hiraba) "armed robbery" of the Penal Code (1991). Mr. Hassan was arrested on November 21st, 2003 from the town's local market (Alsoug Alshaabi) and has been charged for the robbery of goods from a lorry near Kambousa, 2 km south of Nyala. He was detained in Nyala Central Police Station then transferred to Nyala prison on November 27, 2003, where he remained until his conviction.
The penalty for armed robbery (Hiraba) is stated under article 168 of the Penal Code, which states the following:
“There shall be deemed to commit the offence of armed robbery (Hiraba) shall be punished with: death, or death then crucifixion, if his act resulted in murder or rape; the amputation of the right hand and left foot if his act results in grievous hurt or robbery of property equivalent to the minimum (Nisab) for capital theft; imprisonment for a term not exceeding seven years in exile in cases other than those set out in paragraphs (a), (b) and (c).”
There are concerns that the procedures used by the Nyala Specialised Criminal Court do not meet international standards for fair trials, notably, due to the lack of legal representation for defendants.
The International Secretariat of the OMCT is gravely concerned for Mr. Hassan Haroun Adam’s physical and psychological integrity, given that he faces cross amputation, potentially as the result of an unfair trial. OMCT wishes to emphasize that, under international human rights conventions ratified by Sudan, torture, such as amputation, is prohibited under any circumstance. OMCT therefore urges the Government of Sudan to abolish the death penalty and any other cruel punishment including amputation, cross amputation, crucifixion, stoning, flogging and any other forms of corporal punishment. In addition, it urges the Government to ensure respect for rights to fair trial and to legal appeal in accordance with international human rights standards, and to guarantee the respect for human rights and fundamental freedoms throughout Sudan, in accordance with international human rights standards
Action requested
Please write to the authorities in Sudan urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of Mr. Hassan Haroun Adam;
ii. immediately repeal the cross-amputation sentence mentioned above and abolish the use of such practices in Sudan;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· President of the Republic of Sudan, His Excellency Lieutenant-General Omar Hassan al-Bashir, President' s Palace, PO Box 281, Khartoum, Sudan, Fax: +24911 771024/771651/ 779977
· First Vice-President, Mr Ali Osman Mohamed Taha, People's Palace PO Box 281, Khartoum, Sudan, Fax : + 249 11 779977 / 771025
· Mr Ali Mohamed Osman Yassin, Minister of Justice and Attorney General, Ministry of Justice, Khartoum, Sudan, Fax: + 249 11 771479
· Minister of Foreign Affairs, Mr Mustafa Osman Ismail, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, Fax :+249 11 779383
· Advisory Council for Human Rights, Dr Yasir Sid Ahmed, PO Box 302, Khartoum, Sudan, Fax: +249 11 779173/770883
· Minister of Internal Affairs, Major General Abdul-Rahim Muhammed Hussein, Ministry of Interior, PO Box 281, Khartoum, Sudan, Fax: +249 11 774339/776554/777900/773046/770186
· Minister of Federal Government, Dr Nafie Ali Nafie, Office of the Presidents People's Palace, PO Box 281, Khartoum, Sudan, Fax : +24911 771651/783223
· 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; mission.sudan@bluewin.ch.
Please also write to the embassies of Sudan in your respective country.
Geneva, March 23rd, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Risk to personal integrity / Corporal punishment
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 (SOAT), a member of the OMCT network, of concerns for the personal integrity of Mr. Hassan Haroun, a resident of Kashalungo, east Nyala, who has been sentenced to cross amputation of the right hand and left foot, in Sudan.
According to the information received, the Specialised Criminal Court in Nyala reportedly sentenced 35-year old Mr. Hassan Haroun Adam to cross amputation on March 20th, 2004. He was convicted under article 167 (Hiraba) "armed robbery" of the Penal Code (1991). Mr. Hassan was arrested on November 21st, 2003 from the town's local market (Alsoug Alshaabi) and has been charged for the robbery of goods from a lorry near Kambousa, 2 km south of Nyala. He was detained in Nyala Central Police Station then transferred to Nyala prison on November 27, 2003, where he remained until his conviction.
The penalty for armed robbery (Hiraba) is stated under article 168 of the Penal Code, which states the following:
“There shall be deemed to commit the offence of armed robbery (Hiraba) shall be punished with: death, or death then crucifixion, if his act resulted in murder or rape; the amputation of the right hand and left foot if his act results in grievous hurt or robbery of property equivalent to the minimum (Nisab) for capital theft; imprisonment for a term not exceeding seven years in exile in cases other than those set out in paragraphs (a), (b) and (c).”
There are concerns that the procedures used by the Nyala Specialised Criminal Court do not meet international standards for fair trials, notably, due to the lack of legal representation for defendants.
The International Secretariat of the OMCT is gravely concerned for Mr. Hassan Haroun Adam’s physical and psychological integrity, given that he faces cross amputation, potentially as the result of an unfair trial. OMCT wishes to emphasize that, under international human rights conventions ratified by Sudan, torture, such as amputation, is prohibited under any circumstance. OMCT therefore urges the Government of Sudan to abolish the death penalty and any other cruel punishment including amputation, cross amputation, crucifixion, stoning, flogging and any other forms of corporal punishment. In addition, it urges the Government to ensure respect for rights to fair trial and to legal appeal in accordance with international human rights standards, and to guarantee the respect for human rights and fundamental freedoms throughout Sudan, in accordance with international human rights standards
Action requested
Please write to the authorities in Sudan urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of Mr. Hassan Haroun Adam;
ii. immediately repeal the cross-amputation sentence mentioned above and abolish the use of such practices in Sudan;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· President of the Republic of Sudan, His Excellency Lieutenant-General Omar Hassan al-Bashir, President' s Palace, PO Box 281, Khartoum, Sudan, Fax: +24911 771024/771651/ 779977
· First Vice-President, Mr Ali Osman Mohamed Taha, People's Palace PO Box 281, Khartoum, Sudan, Fax : + 249 11 779977 / 771025
· Mr Ali Mohamed Osman Yassin, Minister of Justice and Attorney General, Ministry of Justice, Khartoum, Sudan, Fax: + 249 11 771479
· Minister of Foreign Affairs, Mr Mustafa Osman Ismail, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, Fax :+249 11 779383
· Advisory Council for Human Rights, Dr Yasir Sid Ahmed, PO Box 302, Khartoum, Sudan, Fax: +249 11 779173/770883
· Minister of Internal Affairs, Major General Abdul-Rahim Muhammed Hussein, Ministry of Interior, PO Box 281, Khartoum, Sudan, Fax: +249 11 774339/776554/777900/773046/770186
· Minister of Federal Government, Dr Nafie Ali Nafie, Office of the Presidents People's Palace, PO Box 281, Khartoum, Sudan, Fax : +24911 771651/783223
· 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; mission.sudan@bluewin.ch.
Please also write to the embassies of Sudan in your respective country.
Geneva, March 23rd, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.