Sudan
10.07.02
Urgent Interventions
Sudan: 35 detainees, including 3 children, that have been tortured, now await possible death sentences
Case SDN 100702 / 100702.CC
Torture / 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 35 detainees from the Rizeigat tribe, including 3 children, were subjected to torture and are now awaiting their sentences following an unfair trial in Darfour Province, Sudan.
According to the information received, 136 men were arrested on May 6th 2002, following a conflict between members of the Rizeigat and Ma’aliya tribes. The conflict reportedly resulted in the death of 10 people. 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.
According to the information received, between June 21st and 22nd, 2002, 35 of the detainees from the Rizeigat Tribe were subjected to torture. They were reportedly 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.
The following detainees were reportedly tortured in Niyala Police headquarters: 39 year old farmer from Abu Jabra Abdalla Sagayrun Madibu; a medical assistant from Um matariq Al Hadi Ahmed Hamad; 40-year old labourer at a water company from Um matariq Al Sadiq Yusif Osman; 43-year old teacher Mohamed Sharif; 59-year old mill owner from Abu Jabra Yusif Jabir; 35-year old tax collector Mohamed Musa Ibrahim; 33-year old farmer from Al Tabet Al Hadi Adam Ali; 33-year old farmer from Al Tabet Hamdan Ibrahim Abdalla; 22-year old labourer on an oilfield Mohamed Ibrahim Yunis; 45-year old medical assistant Bukhari Zaidan; and caretaker Tahamed Ibrahim Omer.
The following detainees were reportedly tortured in Niyala secondary school: 60-year old farmer Wanees Abdal Wahab; 24 year old trader from Al Tabet Yahya Mahmoud; 32-year old clerk at the tax office Fadl Issa Ibrahim; 27-year old farmer Adam Issa Abdalla; 33-year old gold jeweller Kabashi Fadl Al Seed; 42-year old clerk Gadim Mohamed Yunis; 32-year old pastoralist Hashim Sedieg; 27-year old pastoralist Magbool Adam Yunis; 29-year old pastoralist Tarbo Adam Yunis; 32-year old pastoralist Ibrahim Osman; a soldier Mansour Yusif Ibrahim; 31-year old oilfield labourer Bukhari Al Bushari Zeidan; 24-year old Hamad Issa Mohamed Hamdoon; 42-year old farmer Mohamed Toum; 33-year old medical assistant Abd Al Gafour Osman; Al Sayid Hamdoun; 23-year old Tahameed Al Rahman; 39-year old farmer Mohamed Ahmed Al Nageeb; 36-year old farmer Ibrahim Yunis Hamed; and 35-year old store-keeper Abdalla Al Sadiq Yusif. The following three children were also reported tortured in Niyala secondary school: 14-year old Kabashi Alyan; 14-year old Mohamed Sedieg; and 14-year old Gadim Hamdoun.
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 concerning the fact that Special Court No. 1 in Niyala Darfour had 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. The detainees were 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.
The International Secretariat of OMCT 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 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. OMCT is gravely concerned for the physical and psychological integrity of the 32 men and 3 children that are awaiting their sentences. 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.
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 who are awaiting their sentence 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: mission.sudan@ties.itu.int.
Please also write to the diplomatic representatives of Sudan in your country.
Geneva, July 10th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Torture / 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 35 detainees from the Rizeigat tribe, including 3 children, were subjected to torture and are now awaiting their sentences following an unfair trial in Darfour Province, Sudan.
According to the information received, 136 men were arrested on May 6th 2002, following a conflict between members of the Rizeigat and Ma’aliya tribes. The conflict reportedly resulted in the death of 10 people. 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.
According to the information received, between June 21st and 22nd, 2002, 35 of the detainees from the Rizeigat Tribe were subjected to torture. They were reportedly 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.
The following detainees were reportedly tortured in Niyala Police headquarters: 39 year old farmer from Abu Jabra Abdalla Sagayrun Madibu; a medical assistant from Um matariq Al Hadi Ahmed Hamad; 40-year old labourer at a water company from Um matariq Al Sadiq Yusif Osman; 43-year old teacher Mohamed Sharif; 59-year old mill owner from Abu Jabra Yusif Jabir; 35-year old tax collector Mohamed Musa Ibrahim; 33-year old farmer from Al Tabet Al Hadi Adam Ali; 33-year old farmer from Al Tabet Hamdan Ibrahim Abdalla; 22-year old labourer on an oilfield Mohamed Ibrahim Yunis; 45-year old medical assistant Bukhari Zaidan; and caretaker Tahamed Ibrahim Omer.
The following detainees were reportedly tortured in Niyala secondary school: 60-year old farmer Wanees Abdal Wahab; 24 year old trader from Al Tabet Yahya Mahmoud; 32-year old clerk at the tax office Fadl Issa Ibrahim; 27-year old farmer Adam Issa Abdalla; 33-year old gold jeweller Kabashi Fadl Al Seed; 42-year old clerk Gadim Mohamed Yunis; 32-year old pastoralist Hashim Sedieg; 27-year old pastoralist Magbool Adam Yunis; 29-year old pastoralist Tarbo Adam Yunis; 32-year old pastoralist Ibrahim Osman; a soldier Mansour Yusif Ibrahim; 31-year old oilfield labourer Bukhari Al Bushari Zeidan; 24-year old Hamad Issa Mohamed Hamdoon; 42-year old farmer Mohamed Toum; 33-year old medical assistant Abd Al Gafour Osman; Al Sayid Hamdoun; 23-year old Tahameed Al Rahman; 39-year old farmer Mohamed Ahmed Al Nageeb; 36-year old farmer Ibrahim Yunis Hamed; and 35-year old store-keeper Abdalla Al Sadiq Yusif. The following three children were also reported tortured in Niyala secondary school: 14-year old Kabashi Alyan; 14-year old Mohamed Sedieg; and 14-year old Gadim Hamdoun.
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 concerning the fact that Special Court No. 1 in Niyala Darfour had 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. The detainees were 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.
The International Secretariat of OMCT 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 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. OMCT is gravely concerned for the physical and psychological integrity of the 32 men and 3 children that are awaiting their sentences. 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.
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 who are awaiting their sentence 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: mission.sudan@ties.itu.int.
Please also write to the diplomatic representatives of Sudan in your country.
Geneva, July 10th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.