Sudan
17.11.03
Urgent Interventions
Sudan: sentencing to death by hanging of five torture victims
Case SDN 171103
Torture / 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 a Sudanese Organisation Against Torture, a member of the OMCT network, of the sentencing to death by hanging five men who have been subjected to torture, in Sudan.
According to the information received, on November 12th, 2003, 5 Sudanese men belonging to the Missairayah tribe were sentenced to death by hanging. They were sentenced under article 130 of the Penal Code (1991) for allegedly murdering Mr. Jido Ibraheam, a member of the Ta'ayshah tribe. The 5 men are: 1. Dirdima Bushra Hatala, 27 yrs, farmer; 2. Adam Yasean Mohamed, 26 yrs, farmer; 3. Abdel Kaream Ahmed Hido, 22 yrs, farmer; 4. Saad Ahmed Mohamed, 29 yrs, farmer; 5. Burma Abdel Rahman Masar, 30 yrs, farmer.
The 5 were arrested on April 1st, 2003, at the Rehaid Albirdy police station and transferred to Nyala prison on July 23rd, 2003 until their trial at a criminal court in Darfour. During their detention at the Nyala prison they were reportedly subjected to severe torture including being beaten with sticks on their arms and legs, being flogged with a water hose, having their testicles crushed, being cut with knives, and having a bottle inserted into their anus.
Their alleged torturers have been identified as Musa Easa, Salah Aldean Shukry, Mounas Bashar, Tigany (a policeman and investigator).
Lawyers Mr. Mossad Mohamed Ali and Ms. Thoria Haroun submitted an application for a medical examination in July 2003 to the Attorney General. Also, they requested an independent investigation into these allegations of torture, but no action has been taken by the Attorney General. The lawyers will also be submitting an appeal, November 2003, to the appeal court in Nyala, Southern Darfour. If the appeal court confirms the sentence the five men will be at risk of being hanged.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the afore-mentioned persons, given that they have been subjected to torture and are still at risk of been subjected to further abusive treatment. Furthermore, as with the recently abolished Special Courts in the region, the Special Criminal Courts that are trying these cases do not allow for fair trials, and these persons therefore risk being executed as the result of unfair trials. While the Special Criminal Courts are headed by a civilian judge and do allow for legal representation, they only allow for one week for an appeal (the normal Sudanese procedure allows for two weeks). They also follow special procedures in terms of evidence – foot prints can be accepted as evidence for conviction without other corroborating evidence, the evidence of partner offenders is taken as acceptable evidence without other corroborating evidence. In addition the court does not consider the remittance of the penalty where the offender has retracted his confession before the execution of the penalty. Concerning this last point, it must be noted that confessions may be extracted as a result of torture and then used as evidence leading to death sentences, regardless of any retraction of the confession during the trial.
OMCT also 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.
OMCT therefore calls on the Sudanese government to: guarantee the afore-mentioned persons’ personal integrity at all times, to immediately repeal the death sentences in question and to re-try the defendants before a competent and impartial tribunal, while respecting their procedural rights at all times, in accordance with the internationally recognized standards of fair trial.
Action requested
Please write to the authorities in Sudan urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of the afore-mentioned persons;
ii. immediately repeal their death sentences;
iii. bring them to be tried before an impartial and competent tribunal and guarantee their procedural rights at all times;
iv. order a thorough and impartial investigation into the allegations of torture, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· President of the Republic of Sudan, His Excellency Lieutenant-General Omar Hassan al-Bashir, President' s Palace, PO Box 281, Khartoum, Sudan, Fax: +24911 771651/783223/779977
· First Vice-President, Mr Ali Osman Mohamed Taha, People's Palace PO Box 281, Khartoum, Sudan, Fax : + 249 11 779977 / 771025
· Minister of Justice and Attorney General, Mr Ali Mohamed Osman Yassin, Ministry of Justice, Khartoum, Sudan, Fax: + 249 11 770883
· Minister of Foreign Affairs, Mr Mustafa Osman Ismail, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, Fax :+249 11 779383
· Advisory Council for Human Rights, Dr Yasir Sid Ahmed, PO Box 302, Khartoum, Sudan, Fax: +249 11 779173/770883
· Minister of Internal Affairs, Major General Abdul-Rahim Muhammed Hussein, Ministry of Interior, PO Box 281, Khartoum, Sudan, Fax: +249 11 774339/776554/777900/773046/770186
· Minister of Federal Government, Dr Nafie Ali Nafie, Office of the Presidents People's Palace, PO Box 281, Khartoum, Sudan, Fax : +24911 771651/783223
· 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; mission.sudan@bluewin.ch.
Please also write to the embassies of Sudan in your respective country.
Geneva, November 17th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Torture / 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 a Sudanese Organisation Against Torture, a member of the OMCT network, of the sentencing to death by hanging five men who have been subjected to torture, in Sudan.
According to the information received, on November 12th, 2003, 5 Sudanese men belonging to the Missairayah tribe were sentenced to death by hanging. They were sentenced under article 130 of the Penal Code (1991) for allegedly murdering Mr. Jido Ibraheam, a member of the Ta'ayshah tribe. The 5 men are: 1. Dirdima Bushra Hatala, 27 yrs, farmer; 2. Adam Yasean Mohamed, 26 yrs, farmer; 3. Abdel Kaream Ahmed Hido, 22 yrs, farmer; 4. Saad Ahmed Mohamed, 29 yrs, farmer; 5. Burma Abdel Rahman Masar, 30 yrs, farmer.
The 5 were arrested on April 1st, 2003, at the Rehaid Albirdy police station and transferred to Nyala prison on July 23rd, 2003 until their trial at a criminal court in Darfour. During their detention at the Nyala prison they were reportedly subjected to severe torture including being beaten with sticks on their arms and legs, being flogged with a water hose, having their testicles crushed, being cut with knives, and having a bottle inserted into their anus.
Their alleged torturers have been identified as Musa Easa, Salah Aldean Shukry, Mounas Bashar, Tigany (a policeman and investigator).
Lawyers Mr. Mossad Mohamed Ali and Ms. Thoria Haroun submitted an application for a medical examination in July 2003 to the Attorney General. Also, they requested an independent investigation into these allegations of torture, but no action has been taken by the Attorney General. The lawyers will also be submitting an appeal, November 2003, to the appeal court in Nyala, Southern Darfour. If the appeal court confirms the sentence the five men will be at risk of being hanged.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the afore-mentioned persons, given that they have been subjected to torture and are still at risk of been subjected to further abusive treatment. Furthermore, as with the recently abolished Special Courts in the region, the Special Criminal Courts that are trying these cases do not allow for fair trials, and these persons therefore risk being executed as the result of unfair trials. While the Special Criminal Courts are headed by a civilian judge and do allow for legal representation, they only allow for one week for an appeal (the normal Sudanese procedure allows for two weeks). They also follow special procedures in terms of evidence – foot prints can be accepted as evidence for conviction without other corroborating evidence, the evidence of partner offenders is taken as acceptable evidence without other corroborating evidence. In addition the court does not consider the remittance of the penalty where the offender has retracted his confession before the execution of the penalty. Concerning this last point, it must be noted that confessions may be extracted as a result of torture and then used as evidence leading to death sentences, regardless of any retraction of the confession during the trial.
OMCT also 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.
OMCT therefore calls on the Sudanese government to: guarantee the afore-mentioned persons’ personal integrity at all times, to immediately repeal the death sentences in question and to re-try the defendants before a competent and impartial tribunal, while respecting their procedural rights at all times, in accordance with the internationally recognized standards of fair trial.
Action requested
Please write to the authorities in Sudan urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of the afore-mentioned persons;
ii. immediately repeal their death sentences;
iii. bring them to be tried before an impartial and competent tribunal and guarantee their procedural rights at all times;
iv. order a thorough and impartial investigation into the allegations of torture, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· President of the Republic of Sudan, His Excellency Lieutenant-General Omar Hassan al-Bashir, President' s Palace, PO Box 281, Khartoum, Sudan, Fax: +24911 771651/783223/779977
· First Vice-President, Mr Ali Osman Mohamed Taha, People's Palace PO Box 281, Khartoum, Sudan, Fax : + 249 11 779977 / 771025
· Minister of Justice and Attorney General, Mr Ali Mohamed Osman Yassin, Ministry of Justice, Khartoum, Sudan, Fax: + 249 11 770883
· Minister of Foreign Affairs, Mr Mustafa Osman Ismail, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, Fax :+249 11 779383
· Advisory Council for Human Rights, Dr Yasir Sid Ahmed, PO Box 302, Khartoum, Sudan, Fax: +249 11 779173/770883
· Minister of Internal Affairs, Major General Abdul-Rahim Muhammed Hussein, Ministry of Interior, PO Box 281, Khartoum, Sudan, Fax: +249 11 774339/776554/777900/773046/770186
· Minister of Federal Government, Dr Nafie Ali Nafie, Office of the Presidents People's Palace, PO Box 281, Khartoum, Sudan, Fax : +24911 771651/783223
· 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; mission.sudan@bluewin.ch.
Please also write to the embassies of Sudan in your respective country.
Geneva, November 17th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.