Death sentences handed down to ten individuals, including a minor and allegations of torture

The International Secretariat of the World Organisation Against Torture (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 SOS-Torture network, about the death sentences handed down to ten individuals, including a 16-year-old boy, by the Khartoum Criminal Court on 10 November 2007 in connection with the murder of journalist Mohamed Taha Mohamed Ahmed. According to the defence lawyer in the case, Mr. Kamal Omer, the ruling was based on confessions extrated under torture.

The names of those sentenced to death are as follow:

1. Ishag Alsanousi Gomaa (male, 72 years old, of the Fur tribe)
2. Abdul Hay Omar (male, of the Fur tribe)
3. Al-Tayeb Abdul Aziz Ishag (male, 16 years old, of the Fur tribe)
4. Mustafa Adam Suleiman (male, of the Masaleet tribe)
5. Mohamed Abdelnabi Adam (male, of the Birgid tribe)
6. Sabir Zakaria Adam (male, of the Fur tribe)
7. Hassan Adam Fadul (male, of the Fur tribe)
8. Adam Ibrahim Alhag (male, of the Fur tribe)
9. Gamaleddin Eisa (male, of the Fur tribe)
10. Abdul Mageed Ali Abdul Mageed (male, of the Fur tribe)

According to the information received, lawyer Kamal Omer said the defence submitted evidence to the court that his clients had been tortured but that this did not elicit a result. He reportedly also said that he sought to submit three petitions to allow steps to be taken to sue the persons alleged to have tortured his clients, but that the court had also not responded to these petitions by the time the judgement was announced. He is reportedly currently preparing to appeal the judgement.

According to the same information, the ten individuals were among dozens of Darfuris, including women and children, who were detained after the discovery on 6 September 2006 of the beheaded body of Mr. Mohamed Taha Mohamed Ahmed, the publisher and editor of al-Wifaq newspaper who had reportedly angered Islamists by questioning the lineage of the Prophet Muhammad and had also reportedly criticised Darfuri armed movements and questioned the stories of sexual violence against Darfuri women. Nearly all of the 73 people detained in connection with the case were allegedly tortured in custody by members of the police, intelligence and security services. Most were eventually reportedly released. Only nine who faced trial were acquitted on the grounds that the case against them was based on confessions extracted under duress. While the International Secretariat of OMCT welcomes the acquittal of these nine individuals and that the court applied international rules, which state that any statement which is established to have been made as result of torture shall not be invoked as evidence in any proceedings, it remains very much concerned about the sentences of the remaining ten above mentioned individuals.

Indeed, the International Secretariat of OMCT expresses its grave concern about the inhuman consequences of the judgement. OMCT is particularly concerned that the sentences are allegedly based on confessions extracted under torture. OMCT recalls that Sudan is a State party to the International Covenant on Civil and Political Rights (ICCPR), which prohibits cruel, inhuman or degrading treatment. In line with their obligations under this treaty, it is incumbent on the Sudanese authorities to consider seriously any allegations of torture and ill-treatment made by the victim, and to undertake a thorough investigation in this regard. Furthermore, OMCT strongly supports the principles enshrined in the Convention on the Rights of the Child (CRC) ratified by Sudan, and in particular article 37 which forbids the imposition of "capital punishment (...) for offences committed by persons below eighteen years of age (...)".

Requested Action

Please write to the authorities in Sudan urging them to:

1. Guarantee the physical and psychological integrity of the above mentioned individuals;
2. Guarantee access to their families and lawyers as well as guarantee any necessary medical assistance;
3. Cancel the death penalty sentences and declare void the judgments on account of evidence coerced under torture;
4. Order a thorough and impartial investigation into these events, in particular into the allegations of torture, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
5. Guarantee that adequate compensation is awarded to all ten individuals;
6. Introduce a moratorium on executions as immediate steps towards full abolition of the death penalty in law as provided by GA Resolution A/C.3/62/L.29 entitled “Moratorium on the use of death penalty”;
7. 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, Presidential Palace, PO Box 281, Khartoum, Sudan, Fax: +249 183 783 223
• His Excellency Salva Kiir Mayardit, First Vice-President, People’s Palace, PO Box 281 , Khartoum , Sudan , Fax: + 249 11 779977 / 771025
• His Excellency Ali Osman Mohamed Taha, Vice-President, People’s Palace, PO Box 281 , Khartoum , Sudan , Fax: + 249 183 77 10 25
• Mr Mohamed Ali Al-Mardi, Minister of Justice and Attorney General, Ministry of Justice, Khartoum , Sudan ; Fax: + 249 183 78 07 96
• Mr Lam Akol Ajawin, Minister of Foreign Affairs, Ministry of Foreign Affairs/External Relations, PO Box 873, Khartoum, Sudan, Fax: + 249 183 77 93 83
• Mr. Al Zubeir Beshir Taha, Minister of Internal Affairs, Ministry of Interior, PO Box 873 , Khartoum , Sudan , Fax: +249 183 77 93 83
• Dr Yasir Sid Ahmed, Head of the Advisory Council for Human Rights PO Box 302, Khartoum, Sudan, Fax: +249 183 770 883
• Dr Abdelmuneim Osman Mohamed Taha, Advisory Council for Human Rights, Rapporteur, PO Box 302 , Khartoum , Sudan , Fax: +249 183 77 08 83
• Permanent Mission of the Republic of Sudan to the United Nations in Geneva, Avenue Blanc 47, 1202 Geneva, Switzerland, Tel: +41 22 731 26 63, Fax: +41 22 731 26 56, Email: mission.sudan@bluewin.ch / mission.sudan@ties.itu.int
• The Embassy of Sudan in Brussels, Av. F.D. Roosevelt, 124; 1050 Brussels . Tel.:0032 (2) 647 51 59 / 0032 (2) 647 94 94, Fax: 0032 (2) 648 34 99, Email: sudanbx@yahoo.com

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

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Geneva, 26 November 2007

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