We report the appeal launched by the World Organisation Against Torture in order to save from the execution 15 inmates sentenced to death in Sudan. 

Southern Darfour (Sudan)

Geneva, June 25th, 2002

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Sudan.

New information

The International Secretariat of OMCT has been informed by the Sudan Organisation Against Torture (SOAT), a member of the OMCT network, of the names of 14 prisoners charged with armed robbery who are awaiting execution, in Niyala, Sudan, after the Niyala Special Court No 1 sentenced them to death under article 168 of the penal code 1991.

 According to the information received, five of the detainees were sentenced to death by hanging with crucifixion (Case No. M.KH/a/48/2002) on May 8th, 2002. The prisoners were reportedly held incommunicado for 45 days prior to the trial and were not allowed legal representation. The five prisoners are:

 ï¿½ 1-Mohamed Abakar Haroun; 2- Khaleel Tahir Bashier; 3- Adam Abd Allah Mohamed; 4- Ahmed Jouma Mohamed; 5- Habieb Ali Abd Algadir.

 The other detainees that are awaiting execution in Dafour, Sudan include:

 ï¿½ 6- Adam Musa Biraima and 7- Adam Alzain Ismail, both from Ed Da�ien, who were sentenced to death by hanging on March 2nd, 2002 (case No M.Kh/a/23/2002).

� 27-year old 8- Abd Allah Wadai and 23-year old 9- Mohamed Abd Alrasoul Thabit, both from Shiariya, who were sentenced to death by hanging (case No M.Kh/a/24/2002) on March 20th, 2002.

� 27-year old 10- Mohamed abd Almahmoud Mohamed and 24-year old 11- Is'hag Abd Allah Mukhtar, both from alban Jadeed, who were sentenced to death by hanging on March 10th, 2002 (case No M.Kh/a/26/2002).

� 26 year-old 12- Hafiz Suliman Yahya and 20-year old 13- Hamad Mohamed Adam, both from Daleiba, who were condemned to death by hanging on March 12th, 2002 (case No M.Kh/a/31/2002).

� 28-year old 14- Dakhru Abd Allah Jouma, from Niyala, who was sentenced to death by hanging on February 18th, 2002 (case No M.Kh/a/12/2002).

 Reports indicate that one more person, in addition to those listed above, may also be awaiting execution, but he has not yet been identified. According to the report, all of the aforementioned prisoners did not benefit from legal representation during their respective trials. SOAT lawyers have launched an appeal with the District Chief of Justice against their sentences, but the outcome of this procedure is still being awaited.

 According to the information received, the judges of the Niyala Special Court No. 1 are: Mokhtar Ibrahim Adam, military officer Ghorashi Mohamed Ahmed, and police officer Al fadil Mohamed Salih. The Special Court, established in accordance with the State of Emergency Act 1998 by the Governors of Southern and Northern Dafour Provinces, deals with crimes of armed robbery, crimes against the state, as well as crimes relating to drugs and public nuisance. The Special Court operates with two military judges and one civil judge. Lawyers are 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 sentencing 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.

 OMCT considers that these persons rights were violated due to breaches of internationally recognised fair trial standards and guarantees, including: the right to be tried by an impartial tribunal, the right to appeal before an independent tribunal, the right to legal representation, alongside the fact that these civilians were tried by what is effectively a military tribunal.

 The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the 14 men that have been identified as having been sentenced to death. OMCT 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. Furthermore, OMCT is concerned that the conditions for a fair trial were not present and that the rights of the defence were ignored.

 Brief reminder of the situation

 According to the information received, 12 prisoners that were charged with armed robbery were hanged on May 22nd, 23rd and 25th, 2002, (see previous appeal for names and details) and a further 15 such prisoners have reportedly been sentenced to death and are awaiting their execution, in Nyala, Southern Darfour (Sudan).

 Action requested

 Please write to the authorities in Sudan urging them to: 

1. take all necessary measures to guarantee the physical and psychological integrity of Mohamed Abakar Haroun; Khaleel Tahir Bashier; Adam Abd Allah Mohamed; Ahmed Jouma Mohamed; Habieb Ali Abd Algadir; Adam Musa Biraima; Adam Alzain Ismail; Abd Allah Wadai; Mohamed Abd Alrasoul Thabit; Mohamed abd Almahmoud Mohamed Is'hag Abd Allah Mukhtar; Hafiz Suliman Yahya; Hamad Mohamed Adam; and Dakhru Abd Allah Jouma;
2. order that the afore-mentioned persons be released immediately in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
3. order a thorough and impartial investigation into the circumstances of these events and guarantee that those responsible are brought to trial and that the penal, civil and/or administrative sanctions are applied as provided by law;
4. guarantee adequate reparation to the aforementioned detainees;
5. immediately repeal the death sentence;
6. prohibit the use of Special Courts in Dafour, as they fail to comply with judicial procedures or internationally recognised fair trial standards and guarantees;
7. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights laws and standards.

guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights laws and standards.

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 783223/787676

His Excellency Mr Mustafa Osman Ismail, Minister of Foreign Affairs

Ministry of Foreign Affairs

PO Box 873

Khartoum, Sudan

Fax: + 24911 779383

Dr Ahmed al-Mufti

 Advisory Council for Human Rights

PO Box 302

Khartoum, Sudan,

Fax: + 24911 770883

Mr Ali Mohamed Osman Yassin

Minister of Justice and Attorney General, Ministry of Justice

Khartoum, Sudan

Fax: + 24911 788941

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 diplomatic representatives of Sudan in your country.