June 25th, 2002
International Secretariat of OMCT requests your URGENT intervention
in the following situation in Sudan.
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
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:
1-Mohamed Abakar Haroun; 2- Khaleel Tahir Bashier; 3- Adam Abd Allah
Mohamed; 4- Ahmed Jouma Mohamed; 5- Habieb Ali Abd Algadir.
other detainees that are awaiting execution in Dafour, Sudan
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
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).
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.
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.
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.
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.
reminder of the situation
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).
write to the authorities in Sudan urging them to:
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;
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;
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;
adequate reparation to the aforementioned detainees;
repeal the death sentence;
the use of Special Courts in Dafour, as they fail to comply with
judicial procedures or internationally recognised fair trial
standards and guarantees;
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.
APPEAL PRESENTED BY THE COMMUNITY OF SANT’EGIDIO TO SAVE THE LIFE OF 15
PEOPLE SENTENCED TO DEATH IN SUDAN
We are writing to express our
deep concern over rulings that sentenced to death 15 people for armed
robbery in Southern Darfour, judged by a Special Court instead of an
ordinary court, as your national laws and international human rights laws
and standards guarantee.
urge you to intervene on their behalf to prevent this cruel and inhuman
punishment from being meted out against them.
implore you to ensure that this cruel and inhuman sentence is not carried
Excellency Lieutenant General Omar Hassan al-Bashir
of the Republic of Sudan, President' s Palace
+ 24911 783223/787676
Excellency Mr Mustafa Osman Ismail, Minister of Foreign Affairs
of Foreign Affairs
+ 24911 779383
Council for Human Rights
+ 24911 770883
Ali Mohamed Osman Yassin
of Justice and Attorney General, Ministry of Justice
+ 24911 788941
Excellency Ambassador Mr. Ibrahim Mirghani Ibrahim
Mission of the Republic of Sudan to the United Nations in Geneva
Switzerland, Fax: +4122 731 26 56
also write to the diplomatic representatives of Sudan in your