Sudan
10.01.02
Urgent Interventions
Sudan: several men have been sentenced to the death penalty and/or to amputation
Case SDN 100102
Death penalty/amputation
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 several men have been sentenced to the death penalty and/or to amputation in Sudan.
On December 25th, 2001, Hassan Is’hag Sabeil, Abd Alrahman Sulieman Adam and Mohamed Ibrahim Hamid were reportedly executed by public hanging in Alkaier prison in northern Darfur.
On the same day, Mohamed Adam Yahaya, Ahmed Sulieman Mohamed, Mohamed Hassan Mahmoud, and Ahmend Yassin, all from Alfahir City, were also sentenced to death by hanging, while two of them were, in addition, sentenced to amputation of the right hand. These sentences have not yet been carried out.
On December 27th, 2001, Adam Ibrahim Osman and Abd Allaha Ismail Ibrahim were sentenced to cross amputation (right hand and left leg) by the Special Emergency Tribunal in Alfashir City. These sentences have also not yet been carried out. The men were convicted of banditry (armed robbery) and possession of unlicensed weapons in North Darfur under Articles 162 and 168b of the 1991 Penal Code, which states that the punishment for armed robbery is cross amputation. Implementation of the execution is awaiting the approval of the Head of provincial judiciary.
The Special Emergency Tribunals were established in Western Sudan, in accordance with the State of Emergency Act, 1998. The Tribunal's responsibilities include crimes of armed robbery, crimes against the state, crimes relating to drugs, public nuisance. It operates with two military judges and one civil judge. Procedures of the Tribunal do not allowed any legal representation for the defendant and lawyers are forbidden from appearing before the court.
In Southern Darfur, between September 5th and November 26th, the Special Emergency Tribunal in Nyala City, Darfur, sentenced 21 men to execution by hanging. These persons sentences are also pending, and OMCT fears that they will be carried out in the near future.
The International Secretariat of OMCT is deeply concerned for the physical and psychological integrity of the persons whose sentences are pending, and the Government of Sudan’s resumption of the use of amputation as a punishment.
The use of amputation is a violation of 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 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.
Action requested
Please write to the authorities in Sudan urging them to:
· take all necessary measures to ensure that the sentences of amputation against the above mentioned persons are not carried out;
· guarantee that these persons are allowed legal representation and a fair appeal trial;
· 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 1001;
· immediately abolish the death penalty in Sudan;
· guarantee the respect of human rights and the fundamental freedoms throughout the country 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: +249 11 771 7 24
· 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: +249 11 7740 63
· Mr Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, Telex: 22459 KHRJA SD or 22461 KHRJA SD - Fax: 249 11 7740 63
Please also write to the embassies of Sudan in your respective country.
Geneva, January 10th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Death penalty/amputation
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 several men have been sentenced to the death penalty and/or to amputation in Sudan.
On December 25th, 2001, Hassan Is’hag Sabeil, Abd Alrahman Sulieman Adam and Mohamed Ibrahim Hamid were reportedly executed by public hanging in Alkaier prison in northern Darfur.
On the same day, Mohamed Adam Yahaya, Ahmed Sulieman Mohamed, Mohamed Hassan Mahmoud, and Ahmend Yassin, all from Alfahir City, were also sentenced to death by hanging, while two of them were, in addition, sentenced to amputation of the right hand. These sentences have not yet been carried out.
On December 27th, 2001, Adam Ibrahim Osman and Abd Allaha Ismail Ibrahim were sentenced to cross amputation (right hand and left leg) by the Special Emergency Tribunal in Alfashir City. These sentences have also not yet been carried out. The men were convicted of banditry (armed robbery) and possession of unlicensed weapons in North Darfur under Articles 162 and 168b of the 1991 Penal Code, which states that the punishment for armed robbery is cross amputation. Implementation of the execution is awaiting the approval of the Head of provincial judiciary.
The Special Emergency Tribunals were established in Western Sudan, in accordance with the State of Emergency Act, 1998. The Tribunal's responsibilities include crimes of armed robbery, crimes against the state, crimes relating to drugs, public nuisance. It operates with two military judges and one civil judge. Procedures of the Tribunal do not allowed any legal representation for the defendant and lawyers are forbidden from appearing before the court.
In Southern Darfur, between September 5th and November 26th, the Special Emergency Tribunal in Nyala City, Darfur, sentenced 21 men to execution by hanging. These persons sentences are also pending, and OMCT fears that they will be carried out in the near future.
The International Secretariat of OMCT is deeply concerned for the physical and psychological integrity of the persons whose sentences are pending, and the Government of Sudan’s resumption of the use of amputation as a punishment.
The use of amputation is a violation of 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 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.
Action requested
Please write to the authorities in Sudan urging them to:
· take all necessary measures to ensure that the sentences of amputation against the above mentioned persons are not carried out;
· guarantee that these persons are allowed legal representation and a fair appeal trial;
· 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 1001;
· immediately abolish the death penalty in Sudan;
· guarantee the respect of human rights and the fundamental freedoms throughout the country 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: +249 11 771 7 24
· 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: +249 11 7740 63
· Mr Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, Telex: 22459 KHRJA SD or 22461 KHRJA SD - Fax: 249 11 7740 63
Please also write to the embassies of Sudan in your respective country.
Geneva, January 10th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.