call to oppose sudanese death sentences

Case SDN 240602
Fair trial / Death Penalty

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 Sudan
Organisation Against Torture (SOAT), a member of the OMCT network,
that 12 prisoners that were charged with armed robbery were hanged on
May 22nd, 23rd and 25th, 2002, and that a further 15 prisoners have
been sentenced to death and are awaiting their execution, in Dafour,
Sudan.

According to the information received, under Articles 167 and 168 of
the Sudan Penal Code, the punishment for armed robbery, also known as
harrab, is death and death followed by crucifixion.

The names and execution dates of the men that have been publicly
executed in Alfashir Prison in Northern Dafour are as follows:

Adam Daw Albait Abou 22/05
Ahmed Idris Daifan 22/05
Mohamed Ishag Fouda 22/05
Mansour Saeed Fadim 23/05
Hamdan Rabieh Tagadiem 23/05
Ismail Adam Sabiel 23/05
Aldowma Mohamed Saeed 23/05
Nasir Aldin Shahata Tagadiem 23/05
Adam Abakar Hamdan 25/05
Alsaied Adam Alzain 25/05
Musabil Mohamed Abdalla 25/05
Issa Arga Osman 25/05

According to the information received, the High Court failed to
review Mr. Musabil Mohamed Abdalla and Mr. Issa Arga Osman's cases,
and blatantly failed to abide by the fundamental rules of court,
leading to death sentences having been handed out as the result of
unfair trials.

According to the report, a further 15 men, whose identities remain
unknown at present, are still awaiting execution in Southern Dafour.
The Special Court sentenced these detainees to death by hanging
during the months of March and May 2002.

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. The
Special Court operates with two military judges and one civil judge.
Lawyers are 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.

OMCT considers that these persons rights were violated due to
breaches of internationally recognised fair trial standards and
guarantees, including: the right to be tried by an impartial
tribunal, the right to appeal before an independent tribunal, the
right to legal representation, alongside the fact that these
civilians were tried by what is effectively a military tribunal.

The International Secretariat of OMCT is gravely concerned for the
physical and psychological integrity of the 15 men that have been
sentenced to death. OMCT 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. Furthermore, OMCT is concerned that the
conditions for a fair trial were not present and that the rights of
the defence were ignored.

Action requested

Please write to the authorities in Sudan urging them to:

i. immediately repeal the death sentence;
ii. prohibit the use of Special Courts in Dafour, as they fail to
comply with judicial procedures or internationally recognised fair
trial standards and guarantees;
iii. order that the afore-mentioned persons who are awaiting
execution 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;
iv. order a thorough and impartial investigation into the
circumstances of these events and guarantee that those responsible
are brought to trial and that the penal, civil and/or administrative
sanctions are applied as provided by law;
v. guarantee adequate redress to the families of those persons that
have been executed as the result of unfair trials;
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.

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
· Dr Ahmed al-Mufti, Advisory Council for Human Rights, PO Box 302,
Khartoum, Sudan, Sudan, Fax: + 24911 770883
· 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, June 24th, 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)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : [email protected]
http://www.omct.org