Sudan
24.06.02
Urgent Interventions
Sudan: 12 prisoners that were charged with armed robbery were hanged on May 22nd, 23rd and 25th, 2002, and a further 15 prisoners are awaiting execution
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: mission.sudan@ties.itu.int.
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.
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: mission.sudan@ties.itu.int.
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.