Eighty eight people including two children sentenced to death by crucifixion or hanging

Eighty-eight people including two children, Gadim Hamdoum and Kabashi Alayan, both aged 14, were condemned to death by a "special" or "emergency" court in the city of Nyala on 17 July. The 88 are part of a group of at least 130, mostly from the Rizeigat community in southern Darfur, who were arrested on 6 May. They were charged with crimes relating to murder, armed robbery and public disturbance. They are convicted of having participated in the recent clashes between the Rizeigat and the Maalyia ethnic groups in Al-Tabet, Southern Darfur, that killed at least 10 people. There are allegations that the Maalyia could now be supported by the Sudanese government as a proxy militia in the civil war in southern Sudan These.

They were tried in "special" courts set up in Darfour as part of the 1998 State Emergency Act. These couts fall far short of International standards of justice and fair trial and are not obliged to try cases according to Sudan`s Criminal Procedures Act of 1993. During the trial the defendants did not receive proper legal representation and some were reportedly tortured before trial. At least 35 of the detainees complained of being badly beaten with sticks, gun butts and hoses by police officers in Nyala in June. Some reportedly had their fingers and forearms broken. Their defence lawyers asked the court for medical examinations to be carried out on those who were allegedly tortured. This request was refused and on 2 July the defence lawyers withdrew from the court in protest at this decision and the court's refusal to let them question prosecution witnesses.

An appeal presented by the defendants' lawyer was rejected on 11 August by the Chief Justice of Darfur. The lawyer representing those accused is now planning to appeal to the High Court in El Obeid. The submission must be made within 15 days of the initial appeal being rejected.

BACKGROUND INFORMATION
Sudan's Penal Code, which is based upon the government's interpretation of Shari'a (Islamic law), includes penalties such as limb amputation, death, and death followed by crucifixion. Amnesty International regards these as cruel, inhuman or degrading punishments. They are inconsistent with international human rights law and Sudan's obligations under the International Covenant on Civil and Political Rights (ICCPR), which Sudan has ratified, and the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), which Sudan has signed. Amnesty International is unconditionally opposed to the death penalty and other forms of cruel, inhuman or degrading treatment or punishment, and campaigns for these to be removed from all penal codes without exception. The organization takes no position on the ideological or religious basis of any penal code.

Darfur has been the scene of complex strife between ethnic groups, and frequent armed robberies by bandits, for many years. The region is prone to a proliferation of small arms, often aided by the government's strategy to arm and support local ethnic groups as auxiliary forces to fight in its 19 years-old war against the main armed opposition Southern People's Liberation Army. The government has extended and intensified the State of Emergency, announced in December 1999 in Khartoum and renewed every year since, to Northern and Southern Darfur provinces. Emergency or Special Courts were established in May 2001 in both provinces to deal with offences such as armed robbery, murder and possession and smuggling of weapons. These courts are headed by two military judges and one civil judge and do not allow legal representation for the accused. People convicted by these courts may appeal within seven days to the District Chief Justice in Darfur.


Please send appeals to arrive as quickly as possible,in English or your own language to:

His Excellency Lieutenant General Omar Hassan al-Bashir
President of the Republic of Sudan
President's Palace
PO Box 281, Khartoum, Sudan

Fax: + 24911 771651/ 787676 / 783223

Telegrams: President al-Bashir, Khartoum, Sudan

Salutation: Your Excellency


A suggested letter/fax is set out below. You can simply cut and paste this into your own document or use this as a basis for your own letter. Thank you for your help.


Your Excellency,

I am deeply concerned over the fate of 88 people including two children aged 14 who were condemned to death in special courts in Nyala on the 17th of July for allegedly taking part in ethnic clashes in Southern Darfour. I urge you to commute these sentences immediately. The special courts set up in Darfour under which they were tried fall far short of internationally accepted legal standards of fair trial set out in Article 14 of the International Covenant On Civil and Political Rights (ICCPR).

I am also very shocked to learn that the Sudanese government has sentenced two 14 year old children to death given the fact that it has ratified the ICCPR. Article 6 of the ICCPR state that

5. Sentence of death shall not be imposed for crimes committed by persons below the age of eighteen years of age (.......).

I would urge you to ensure that all defendants be given a retrial that conforms with international legal standards and that allegations of torture against the detainees be investigated and that the findings be made public. I also would urge you to ensure that all necessary measures be taken to ensure that the two children receive special treatment in accordance with their status as children as set out in the ICCPR and the UN Convention on the Rights of the Child.

Finally I would urge the Sudan government to revoke the use of special courts in Darfour and ensure that international standards of justice are upheld.

Yours Sincerely,






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