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Thirty one men and 2 minors from Kalma Camp facing the death penalty
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SOAT
Sudan Organisation Against Torture
Human Rights Alert: 1 December 2004
Thirty one men and 2 minors from Kalma Camp facing the death penalty
On 28 November 2004, the police forces and the security forces arrested and detained 26 adults and two minors Internally Displaced Persons (IDPs) from Kalma IDP camp, 17 kilometres east of Nyala, southern Darfur state. The men were detained at Nyala Wasat (central) police station for 3 days. The details of the IDPs are as follows:
1. Mohamed Yahya Adam, 48 Yrs, Berti Tribe, M
2. Mohamed Haroun Ismail, 35 Yrs, Berti, M
3. Alrabi Abdella Roudwan, 24 Yrs, Berti, M
4. Ahmed Mohamed Abaker, 34 Yrs, Fur , M
5. Isam Issa Ahmed, 25 Yrs, Fur , M
6. Isam Younis, 20 Yrs, Fur , M
7. Bashir Abaker Mahamed Abdu, 32 Yrs, Fur, M
8. Adam Ahmed Mohamed, 38 Yrs, Fur, M
9. Ahmed Yousif Adam, 25 Yrs, Zaghawa, M
10. Jamal Ahmed Mohamed, 20 Yrs, Birgid, M
11. Mohamed Younis Osman, 22 Yrs, M
12. Dawood Hessain Ali, 25 Yrs, Dajo, M
13. Abaker Abdel Rahman, 25 Yrs, Fur, M
14. Hassan Ramadan Abaker, 25 Yrs, Fur, M
15. Adam Idrees Abdel Shafi, 32 Yrs, Fur, M
16. Abdel Kareem Adam Hessain, 34 Yrs, Fur, M
17. Adam Osman Arbab, 40 Yrs, Fur, M
18. Abdel Majid Yahya Ahmed, 13 Yrs, Fur, M
19. Adam Adam Ibrahim, 14 Yrs, Fur, M
20. Yousif Musa Abdel Rasoul, 35 Yrs, Fur, M
21. Haroun Adam Bashir, 47 Yrs, Fur, M
22. Mohamed Ibrahim Ali, 26 Yrs, Birgid, M
23. Adam Mahmoud Ibrahim, 26 Yrs, Fallata, M
24. Issa Ishag Abaker, 27 Yrs, Tanjour, M
25. Musa Zakaria Mohamed, 23 Yrs, Fallata, M
26. Abaker Yahya Adam, 26 Yrs, Fur, M
27. Aboud Arabi Ali, 41 Yrs, Hawara, M
28. Mohamed Hamid Ahmed, 32 Yrs, Zaghawa, M
Whilst in detention, the 28 IDPs alleged that they were tortured by the police forces. The police officers tied their hands and feet; beat them with sticks on their #########, backs and shoulders to extract their confession that they were part of the rebel which killed a police man in Kalma camp.
The IDPs are charged with murder under article 130, articles 51 (Waging War against the State), 58 (Abetment of Mutiny) of the 1991 Penal Code. All 28 IDPS are receiving Legal Aid from SOAT.
On 22 November 2004, the police and the security forces arrested 9 IDPs from Kalma camp. The arrest followed the death of a policeman in the camp during disturbances. The 9 men were initially detained at Nyala Wasat (central) police station and charged with disturbance of public peace after the authorities in Nyala accused the rebel group of killing the police man. The IDPs were transferred to Nyala prison after three days. The details of the detainees are as follows:
1) Osman Hessain Abdella, 27 Yrs, Fur Tribe
2) Abdella Mahoud Soulieman, 38 Yrs, Fur
3) Abdella Mohamed Abaker, 25 Yrs
4) Khalid Jibreal Mohamed, 22 Yrs
5) Yagoub Abdella Abdella, 23 Yrs, Birgid
6) Hassan Ahmed Adm 22 Yrs, Fur
7) Abdel Raheem Abdel Rahman Abdel Raheem, 18 Yrs, Dajo
Adam Ismaeal Mohamed, 24 Yrs, Dajo
9) Adam Alkhair, (Abnormal Minded)
Whilst in Nyala Wasat (central) police station, the IDPs were reportedly tortured by the police officers. The 10 men were beaten them with sticks and hands.
The IDPs remain in detention at Nyala prison. The public order court in Nyala has rejected an application submitted by SOAT lawyers to release the 9 IDPs on bail. A session before the public order court is pending.
In a separate incident, on 22 November 2004, 5 Internally Displaced Persons (IDPs) from Kalma IDP camp were arrested by the police forces. The 5 men were taken to Nyala Wasat (central) police station and detained for 3 days. On 5 August, the detainees were transferred to Nyala prison. The names of the IDPs are as follows:
1. Khalil Ahmed Saeed, 42 yrs, Berti
2. Abbas Haroun Khayar, 52 yrs, Berti
3. Hassan Arbab Hassan, 25 yrs, Massalit
4. Suliman Joumaa Khatir, 23 yrs, Massalit
5. Mohamed Hassan Ahmed, 22 yrs, Massalit
Whilst in detention at the police station, the men were allegedly tortured by the police officers.
The detainees are charged with supporting the Sudan Liberation Army (SLA) under articles 51(Waging War against the State) and 58 (Abetment of Mutiny) of the 1991 Penal Code. The five IDPs are represented by SOAT lawyers.
Background
As the conflict in Darfur deteriorates, the use of death penalty and amputation as punishments for crimes against the state which include allege support of rebel groups has increased dramatically in the Darfur region. On 6 October 2004, the Armed forces and the Military Intelligence arrested two men and two minors from the Birgid tribe, from a place between Janjonat and Labanti villages, near Doumma 12 Km North of Nyala. The men were allegedly subjected to torture to extract confession from them and about their involvement with the rebel group. All four are charged with joining the SLA and committing crimes against state under articles 50 (Offences against the State, undermining the Constitutional System), 51 (Waging war against the state), 58 (Offences relating to Disciplinary Forces – Abetment of Mutiny), 107 (Screening or harbouring offenders) of the 1991 Penal Code, which carries the death penalty.
Death sentences in Darfur are meted out by special courts established in May 2001 and specific to the Darfur region. The judiciary proceeding of trials in these special courts falls far short of the minimum international standards of a fair trial. The courts follow summary procedures; evidence extracted under torture and evidence of a collaborator in crime is considered sufficient evidence to convict in the absence of additional corroborating evidence. Furthermore defendants can only appeal once and the appeal application must be lodged within a week of sentencing.
SOAT is unconditionally opposed to the death penalty and strongly condemns its use by the Government of Sudan. SOAT is gravely concerned by executions occurring, and by the procedures of these Criminal Courts, which do not comply with international or national standards for fair trials. SOAT also condemn the arrest and the risk of execution of Abdel Majid Yahya Ahmed and Adam Adam Ibrahim in violation of the Convention on the Right of the Child, which Sudan is a state party to.
SOAT strongly urges the Government of Sudan to:
Abolish the death penalty in Sudan.
Investigate allegations of torture and bring the perpetrators to justice.
Ensure respect for rights to fair trial and to legal appeal in accordance with international human rights standards, for all detainees throughout Sudan.
Guarantee respect for human rights and fundamental freedoms throughout Sudan in accordance with national laws and international human rights standards
The above recommendations should be sent in appeals to the following addresses:
His Excellency Lieutenant General Omar Hassan al-Bashir President of the Republic of Sudan President' s Palace PO Box 281, Khartoum, Sudan Fax: + 249 183 783223
Mr. Ali Mohamed Osman Yassin Minister of Justice and Attorney General Ministry of Justice Khartoum, Sudan Fax: + 249 183 788941
Mr. Mustafa Osman Ismail Minister of Foreign Affairs Ministry of Foreign Affairs PO Box 873, Khartoum, Sudan Fax: + 249 183 779383
Dr. Abdelmuneim Osman Mohamed Taha Advisory Council for Human Rights PO Box 302 Khartoum, Sudan Fax: + 249 183 770883
His Excellency Ambassador Mr. Mohamed Al- Hassan Ahmed Al-Haj
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: [email protected].
SOAT is international human rights organisation established in the UK in 1993. If you have any questions about this or any other SOAT information, please contact us:
Argo House Kilburn Park Road London NW6 5LF, UK Tel: +44 (0)20 7625 8055 Fax: +44 (0)20 7372 2656 E-mail: [email protected] Website: www.soatsudan.org
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