No alla Pena di Morte - NO to the 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 Sudanese Organisation against Torture, a member of the OMCT network, of the sentencing of 15 men to death by hanging, reportedly as the result of an unfair trial before the Nyala Criminal Court, a so- called Special Court, in Sudan.

According to the information received, on October 13th, 2003, the Nyala Criminal Court sentenced 15 men to death by hanging. Maryem Azreg Haroon, Hafiz Mohamed Dahab, Ali Omer Daw Albait, Adam Hessain Abdel Rahman, Issa Dahab Abaker, Doudain Adam Ebaid, Zakarea Salih Yagoub, Mukhtar Abdella Kabbashy, Abdel rahman Zakarea Khareif, Mohamed Haggar Khareif, Fadoul Mukhtar Abdella, Osman Doudain Adam, Adam Hessain Fadoul, Habeab Abdel Raheam Yagoub, and Ali Hessain Abdel Rahman were convicted under articles 167 and 168 for armed robbery (Hiraba) as well as article 130 for murder (Penal Code).

The 15 men are from an Arab tribe and were accused of attacking 2 villages, Jukhma and Jebra in Darfour, on May 15th, 2003, and killing at least 8 persons belonging to the Four tribe. They were arrested on May 26th, 2003 and were detained in Shala prison prior to their conviction. The accused were represented by Mr. Khidir Fadoul Adam. Mr. Fadoul and Mossaad M. Ali will submit an appeal to the appeal court in Nyala

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the afore-mentioned persons, as the Special 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. OMCT recalls that the procedures and sentences of the Special Courts are inconsistent with international human rights law under the International Covenant on Civil and Political Rights (ICCPR) that Sudan has ratified, and the United Nations' Convention against Torture and other Cruel, Inhuman or Degrading Treatment of Punishment (CAT) to which the Government of Sudan is a signatory.

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.

Background Information

Special Courts were established in May 2001 to deal with offences such as armed robbery, murder, weapons possession and smuggling. The Special Courts consist of 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. Fair trial guarantees ensured by international human rights standards are therefore ignored by the Special Courts. In the last year, the crime most frequently resulting in death sentences has been armed robbery.

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 15 persons that have been sentenced to death by hanging on October 13th, 2003, by the Nyala Criminal Court;

ii. immediately repeal these death sentences and, more generally, abolish the death penalty in Sudan;

iii. bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;

iv. prohibit the use of Special Courts, as they fail to comply with national judicial procedures or internationally recognised fair trial standards and guarantees;

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

ï¿½ 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

ï¿½ Mr Ali Mohamed Osman Yassin, Minister of Justice and Attorney General, Ministry of Justice, Khartoum, Sudan, Fax: + 24911 788941

ï¿½ Mr Mustafa Osman Ismail, Minister of Foreign Affairs, PO Box 873, Khartoum, Sudan, Fax: + 24911 779383

ï¿½ Dr Ahmed al-Mufti, Advisory Council for Human Rights, PO Box 302, Khartoum, Sudan Fax: + 24911 770883

ï¿½ 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].

Please also write to the embassies of Sudan in your respective country.