SUDAN: 88 face death by hanging/crucifiction

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: [email protected].

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.
Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
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