Death penalties and cross amputations to take place in Darfur

SOAT

Sudan Organisation Against Torture





SOAT Press Release: 16 January 2004

Death penalties and cross amputations to take place in Darfur



SOAT has received confirmed information that 9 people's appeals against their death sentences and 1 person against their cross amputation, at the Supreme Court in Khartoum, have been unsuccessful and the Supreme Court approved the initial Specialised Criminal Court's convictions. They are now at risk of execution and cross amputation without the right for further appeals. Below are their details:



Omer Alajib Jobara, sentenced to death on 17 March 2003 before Aldeain town Criminal Court, the Appeal Court confirmed the sentence on 29 April 2003


Ibraheam Dawood Abdelrahman, sentenced to death on 17 May 2003 before Nyala Court, the Appeal Court confirmed the sentence on 12 July 2003


Abdelraheam Omer Zakaria, sentenced to death on 17 May 2003 before Nyala Court, the Appeal Court confirmed the sentence on 12 July 2003


Ibraheam Yahya Yagoub, sentenced to death on 29 May 2003 before Bouram Court, the Appeal Court confirmed the sentence on 15 July 2003


Hassan Shigaf Ali , sentenced to death on 8 June 2003 before Nyala court, the Appeal Court confirmed the sentence on 12 July 2003


Ibraheam Mohamed Hussain, sentenced to death on 8 June 2003 before Nyala court, the Appeal Court confirmed the sentence on 12 July 2003


Bilal Hamid Alhabu, sentenced to death on 30 September 2003 before the Aldeain Court, the Appeal Court confirmed the sentence on 4 December 2003


Ibraheam Ahmed Omer Abaker, sentenced to death on 30 September 2002 before Kass Court, the Appeal Court confirmed the sentence on 28 June 2003


Mustafa Adam Abdella, sentenced to death on 27 March 2003 before Nyala Court


Mohamed Ishag Mohamed, sentenced on 31 May 2003 to cross amputation before Kass Court




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 in Darfur, and by the procedures of these criminal courts, which do not comply with international or national standards for fair trials.



SOAT strongly urges the Government of Sudan to:



i) Abolish the death penalty in Sudan

ii) Ensure respect for rights to fair trial and to legal appeal in accordance with international human rights standards, for all detainees throughout Sudan

iii) 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: + 24911 783223

Mr. Ali Mohamed Osman Yassin
Minister of Justice and Attorney General
Ministry of Justice
Khartoum, Sudan
Fax: + 24911 788941

Mr. Mustafa Osman Ismail
Minister of Foreign Affairs
Ministry of Foreign Affairs
PO Box 873, Khartoum, Sudan
Fax: + 24911 779383

Mr. Yasir Sid Ahmed
Advisory Council for Human Rights
PO Box 302
Khartoum, Sudan
Sudan
Fax: + 24911 770883


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: [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:

SOAT

The Park Business Centre
Kilburn Park Road
London NW6 5LF
Tel: 020 7625 8055
Fax: 020 7372 2656
E-mail: [email protected]
Website: www.soatsudan.org

SOAT

Sudan Organisation Against Torture





SOAT Press Release: 16 January 2004

Death penalty convictions in Darfur



Case 1



On 3 January 2004, Nyala criminal court sentenced three men to death by hanging after being convicted for Murder under Article 130 of the Penal Code (1991), their details are as follows:



Masar Ahmed Ishag, 37 yrs, nomad, was arrested on 2 February 2003 from Lawea village east Nyala town from his house
Jali Adam Ahmed, 18 yrs, nomad, lives in kirokirro was arrested on 1 February 2003 from krikiro market
Musa Hamid Ahmed, 20 yrs, lives in kirokirro was arrested on 2 February 2003 from Lawea village


The three men were detained at the police station in Lawea, they were transferred to Nyala prison on 8 February 2003. The three men were accused of killing a man from Omgldan village, 30 kilometers west Lawea; the incident took place on 1 February 2003. The three men appeared before the criminal court in May 2003 and they have been sentenced on 3 November 2003. There was no lawyer representing them during the trial.



Case 2



On 31 December 2003 Nyala criminal court sentenced Issa Ismaeal Sabeel, 27 yrs, farmer, lives in Mahajrea, to death by hanging after convicted him of Murder under Article 130 Penal Code.



He was arrested in August 2003 from Labado village for drinking alcohol (Article 78 of the Penal Code) and was detained in the police station in Labado. He was later transferred to Nyala prison on 15 August 2003. He was accused of killing a policeman in Labado police custody and appeared before the court on 30 August 2003. He was sentenced to death for murder and he was sentenced on 31 December 2003.



Case 3



On 29 December 2003 Nyala criminal court sentenced Sanousi Alhaj Ismaeal, 27 yrs, merchant, from Hey Alwihda in Nyala, to death by hanging after convicting him for Murder under Article 130 of the Penal Code (1991).



He was arrested on 30 August 2003 from his house in Nyala and detained at Nyala Janoub (south) police station. He was accused of killing a man in Hey Alwihda on 18 August 2003. He was allegedly tortured by police officers in Nyala Janoub (south); he stated that, they beat him and flogged him to extract a confession from him but he refused. In September 2003 he has been transferred to Nyala prison and remained there until 29 December 2003, the date of the judgment. He was not represented with a lawyer during the trial.



Mr. Mossaad Ali will submit appeals (for all of them) before the Appeal Court in Nyala.





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 in Darfur, and by the procedures of these criminal courts, which do not comply with international or national standards for fair trials.



SOAT strongly urges the Government of Sudan to:





i) Abolish the death penalty in Sudan

ii) Ensure respect for rights to fair trial and to legal appeal in accordance with international human rights standards, for all detainees throughout Sudan

iii) 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: + 24911 783223

Mr Ali Mohamed Osman Yassin
Minister of Justice and Attorney General
Ministry of Justice
Khartoum, Sudan
Fax: + 24911 788941

Mr Mustafa Osman Ismail
Minister of Foreign Affairs
Ministry of Foreign Affairs
PO Box 873, Khartoum, Sudan
Fax: + 24911 779383

Mr Yasir Sid Ahmed
Advisory Council for Human Rights
PO Box 302
Khartoum, Sudan
Sudan
Fax: + 24911 770883


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: [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:

SOAT

The Park Business Centre
Kilburn Park Road
London NW6 5LF
Tel: 020 7625 8055
Fax: 020 7372 2656
E-mail: [email protected]
Website: www.soatsudan.org

العزيز عادل إسحق..
سلامات يا زول يا زين..
تشكر للتقرير..والمشكلة ليست في أن المحاكم غير مؤهلة فحسب بل لأن من يقومون بالإعتقالات تحركهم أحيانا مسببات أخري أبعد ما تكون عن الأسباب العدلية والأمنية. ويبقي القطع من خلاف؟؟في إقليم يعاني من الحرب والخلل الأمني..والكثير الكثير من المظالم..

نسأل الله اللطف..

الف شكر ياخالدعلي المداخله.
اؤيدك,فتلك المحكم,ان جاز تسميتها بامحاكم,تمارس القتل مثل المحكومين, و حتي لوسلمت الادانه,قتل القاتل هوخطاء اخر و خطاءان لا يصنعان صوابا.
ودمت.

عادل

الزميل العزيز عادل اسحق
سأبدأ من حيث انتهيت أنت، خطآن لا يصنعان صوابا!
مؤسف حقا أن نرتد لهذه القوانين البغيضة في زمن يسرق فيه الإنسان لشتي الأسباب الممكنة وأولها أن يأكل!!
مؤسف أن ينفذ السودان عقوبة الإعدام بهذه السهولة- وكأنه ينظف شوارع المدينة- في عالم بدأ التخلص من هذه العقوبة وفي طريقه لإلغائها...
العقوبات الجسدية هذه مسألة بشعة وغير مقبولة إنسانيا، مهما تفنن البعض في تبريرها!!
والأكثر أسفا، أن يساهم أطباء في (تجهيز المحكومين لعملية القطع من خلاف أو من غير خلاف- سيان، أو للإعدام).
أليس هذا هو المساهمة في التعذيب بعينه؟؟؟؟؟؟؟؟؟؟
أين قسم أبوقراط؟؟؟؟
?????????"HAVE THEY NOT AGREED TO "DO NO HARM
??SHOULD THEY NOT BE PUNISHED FOR WHAT THEY DO
IMAN

تممممممممممممممممممممممممممممممممممممممممممممممممممممممممممممممممممممممممممممممممم

عزيزتي ايمان
قتل النفس كريه و قتل الضعفاء افظع, و قدره عقوبه الاعدام علي الردع مشكوك فيها علي الاقل و لكن من يسمع؟؟
لآ ادري اي قسم ذلك الذي يقسمه محضرو التعذيب,لا اعتقد انه قسم ابوغراط !!

و سلمت

عادل

تماضر ام تممممممممممممممممممممممممممممممممممممممممممم..ادر شكرا للطله الذكيه و صنتك مفهومه.
و دمت قلبا نابضا للبورد/ في البورد

عادل

عاااااااااااااادل!

إنت ما ماحضرت القسم الجديد!!!

يبدو أننا من أهل الكهف، فلم أضع يدي لأحصل علي "روب أبيض أنيق"... فقد وزعوا
للمقسمين (بضم الميم الأولي) أروابا (رش....).. أقصد حافز... أعني هدية...أو بالأحري... لا أفهم لماذا!

إيمان

ًwow يعني قسمك رايب يا ايمان!!هاهاها

عادل

News Article by IRIN posted on January 23, 2004 at 10:15:54: EST (-5 GMT)

Sudan: Chief Justice Suspends Flogging of Girl

UN Integrated Regional Information Networks
January 23, 2004

The London-based human rights organisation Amnesty International has welcomed the suspension of a flogging sentence against a 16-year-old girl convicted last year of adultery, but urged the Sudanese authorities to treat the case in accordance to their obligations under international human rights law.

Sudan's chief justice on Wednesday suspended the sentence against Intisar Bakri Abd al-Qadir, pending her appeal against it. She was to have received 100 lashes, with the punishment due to be carried out on Friday.

Benedicte Goderiaux, Amnesty International's programme officer for Sudan, told IRIN that whereas her organisation had not adopted any stance against Islam, it considered punishments such as flogging, torture, amputation and execution as cruel, degrading and inhuman. "The sentence was inconsistent with Sudan's commitments under international human rights law," Goderiaux said. "Moreover, the girl is below 18. She is a child. Such a punishment contravenes the right of the child," she added.

According to Goderiaux, the law was applied unfairly against Intisar, whose pregnancy was used in court as sufficient evidence for a conviction, yet the man involved only needed four witnesses to prove his innocence.

Intisar's lawyer Ghazi Sulayman, who is also a human rights activist, told IRIN on Thursday that he had appealed against the sentence on the grounds that she was not only a Christian, and therefore not bound by Shari'ah, but also that she was still was a minor.

"The chief justice of Sudan ordered a stay of execution and promised to look at my appeal," Sulayman told IRIN from Khartoum. "I am very optimistic that the high court of Sudan will dismiss the case against her," he added.

According the Koran, the Islamic holy book, a man or woman convicted of adultery is to receive 100 lashes. It also says those who "defame honourable" women and cannot produce four witnesses shall be given 80 lashes.

The girl, who reportedly lives with her mother in a shanty town outside Khartoum, gave birth in September to a son. The man who she alleged to have raped her has, however, denied having had any connection with her. The punishment had initially been postponed because she was pregnant, and then in December because she was in poor health.

Sulayman criticised the magistrate who had passed the sentence. He went on to say that he intended to lodge a separate suit against the man who allegedly raped Intisar. "I will ask for more evidence against the man and even, where possible, a DNA test to prove the paternity of the child," he said.

Meanwhile, the Swiss-based World Organiation Against Torture (OMCT) on Thursday expressed concern over the "unfair" trial and sentencing to death of 14 people and to cross-amputation of one other person in Sudan.

Nine people were at risk of execution and cross-amputation, without the right to further appeal, the Supreme Court in Khartoum having dismissed their initial appeals against their sentences, which had been issued by a specialised criminal court, the organisation said in a statement.

In other separate cases, the statement said, the Nyala criminal court in the Darfur region of western Sudan had sentenced five men to death by hanging after convicting them of murder under Article 130 of the Penal Code (1991). The five appeared before the criminal court in May 2003 and were sentenced on 3 November, without any legal representation.

The detainees alleged that they had been beaten and tortured by police officers in order to force them to confess, OMCT added. "The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the individuals, who are at risk of being subjected to cross-amputation in the case of Mr Muhammad Ishaq Muhammad or execution in the case of the other persons in question, and this as a result of unfair trials," the statement said.

According to OMCT, the procedures used in the courts did not meet international standards for trials, notably due to the lack of legal representation of defendants in most of the cases. It urged the Sudanese authorities to "immediately" commute the sentences and guarantee respect for human rights and fundamental freedoms country-wide.

OMCT said that the international human rights conventions ratified by Sudan prohibited torture, such as amputation, under any circumstance. "OMCT...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," it added.

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