Sudan
05.02.01
Urgent Interventions
Sudan: government resumes amputation as punishment
Case SDN 310101.1
Follow-up to Case SDN 310101
Geneva, 5th February 2001.
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Sudan.
New Information
The International Secretariat of OMCT has received information from the Sudanese Victims of Torture Group (SVTG), a member of the OMCT network, confirming that that the government of Sudan has completed the amputation sentences against the 19 men referred to in Case SDN 310101.
The amputations occurred on Thursday 1 February, 2001 in Kober prison. Sudan's penal code, which is based upon the government's interpretation of Shari'a (Islamic law), includes penalties such as limb amputation, death and death followed by crucifixion. The sentence for armed robbery, according to Article 174 of the 1991 Criminal Act, is cross amputation, i.e. amputation of right hand and left leg.
It is believed that most of the men did not receive a fair trial: there was not enough evidence to convict them and the usual judicial procedures were not followed properly. According to their lawyers, an appeal was rejected by the highest court with jurisdiction on this matter, the Constitutional Court.
OMCT and SVTG are gravely concerned that the government of Sudan has once again resumed the punishment of amputation. This punishment is against the Government of Sudan's international obligations, with regard to article 5 of The Universal Declaration of Human Rights and article 7 of The International Covenant on Civil and Political Rights. Furthermore, the use of amputation as a punishment is also prohibited under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which has also been ratified by Sudan.
OMCT recalls the concluding observations of the Human Rights Committee: Sudan (1997) that ‘By ratifying the Covenant [on Civil and Political Rights], the State party has undertaken to comply with all its articles; penalties which are inconsistent with articles 7 and 10 must be abolished.’
Brief reminder of the situation
The International Secretariat of OMCT was informed by the SVTG, a member of the OMCT network, that 5 men had their limbs amputated and another 19 others were awaiting the same amputation sentence.
On January 23, the five men from Darfour, Western Sudan and named as, Ibrahim Gumai, Omer Salim, Salih Omer, Abakar Jalab, Dafa Alla Mowloudi. were checked by a doctor prior to the amputation as is "procedure" in Sudanese prisons. The rights hands and left legs of these men were then amputated on Thursday 25th January and Saturday 27th January.
Action requested
Please write to the authorities in Sudan urging them to:
i. immediately stop the inhuman practice of amputation and abolish the use of amputation as a method of punishment, which is enacted within the Sudanese Criminal Act 1991;
ii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards, and conform to all recommendations made by the Human Rights Committee.
Addresses
His Excellency Lieutenant Omar Hassan al-Bashir, President of the Republic of Sudan, People's Palace, PO Box 281, Khartoum, Sudan, Fax: + 24911 787676/783223.
Mr Ali Mohamed Osman Yassin, Minister of Justice and Attorney General, Ministry of Justice, Khartoum, Sudan. Telegrams: Justice Minister, Khartoum, Sudan
Mr Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, Fax: + 24911 779383.
Dr Ahmad al-Mufti, Advisory Council for Human Rights, PO Box 302, Khartoum, Sudan.
Fax: + 24911 779173
The Diplomatic Representatives of Sudan in your country.
Geneva, 5th February 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up to Case SDN 310101
Geneva, 5th February 2001.
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Sudan.
New Information
The International Secretariat of OMCT has received information from the Sudanese Victims of Torture Group (SVTG), a member of the OMCT network, confirming that that the government of Sudan has completed the amputation sentences against the 19 men referred to in Case SDN 310101.
The amputations occurred on Thursday 1 February, 2001 in Kober prison. Sudan's penal code, which is based upon the government's interpretation of Shari'a (Islamic law), includes penalties such as limb amputation, death and death followed by crucifixion. The sentence for armed robbery, according to Article 174 of the 1991 Criminal Act, is cross amputation, i.e. amputation of right hand and left leg.
It is believed that most of the men did not receive a fair trial: there was not enough evidence to convict them and the usual judicial procedures were not followed properly. According to their lawyers, an appeal was rejected by the highest court with jurisdiction on this matter, the Constitutional Court.
OMCT and SVTG are gravely concerned that the government of Sudan has once again resumed the punishment of amputation. This punishment is against the Government of Sudan's international obligations, with regard to article 5 of The Universal Declaration of Human Rights and article 7 of The International Covenant on Civil and Political Rights. Furthermore, the use of amputation as a punishment is also prohibited under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which has also been ratified by Sudan.
OMCT recalls the concluding observations of the Human Rights Committee: Sudan (1997) that ‘By ratifying the Covenant [on Civil and Political Rights], the State party has undertaken to comply with all its articles; penalties which are inconsistent with articles 7 and 10 must be abolished.’
Brief reminder of the situation
The International Secretariat of OMCT was informed by the SVTG, a member of the OMCT network, that 5 men had their limbs amputated and another 19 others were awaiting the same amputation sentence.
On January 23, the five men from Darfour, Western Sudan and named as, Ibrahim Gumai, Omer Salim, Salih Omer, Abakar Jalab, Dafa Alla Mowloudi. were checked by a doctor prior to the amputation as is "procedure" in Sudanese prisons. The rights hands and left legs of these men were then amputated on Thursday 25th January and Saturday 27th January.
Action requested
Please write to the authorities in Sudan urging them to:
i. immediately stop the inhuman practice of amputation and abolish the use of amputation as a method of punishment, which is enacted within the Sudanese Criminal Act 1991;
ii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards, and conform to all recommendations made by the Human Rights Committee.
Addresses
His Excellency Lieutenant Omar Hassan al-Bashir, President of the Republic of Sudan, People's Palace, PO Box 281, Khartoum, Sudan, Fax: + 24911 787676/783223.
Mr Ali Mohamed Osman Yassin, Minister of Justice and Attorney General, Ministry of Justice, Khartoum, Sudan. Telegrams: Justice Minister, Khartoum, Sudan
Mr Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, Fax: + 24911 779383.
Dr Ahmad al-Mufti, Advisory Council for Human Rights, PO Box 302, Khartoum, Sudan.
Fax: + 24911 779173
The Diplomatic Representatives of Sudan in your country.
Geneva, 5th February 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.