SUDAN Abok Alfa
Akok (f)
Abdu Ismail Tong (m)
Yousif Yaow Mombai (m)
Mohamed Adam Yahya (m)
Ahmed Suleiman Mohamed (m)
Mohamed Hassan Mahmoud (m)
Ahmed Yassin (m)
23 men
The people named
above have been sentenced to death, stoning or amputation, in two provinces
in western Sudan, Northern and Southern Darfur. Three men were executed
on 25 December 2001 in the capital of Northern Darfur, and Amnesty International
fears that other executions are imminent. 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.
Abok Alfa Akok
was convicted of adultery and sentenced to death by stoning by the Criminal
Court of Nyala, Southern Darfur. She is reportedly claiming that she
was coerced into sexual intercourse. The court found nothing against
the man accused of having sexual relations with her. Abok Alfa Akok
is a member of the largest ethnic group in Southern Sudan, the Dinka,
whose religious beliefs are Christian or animist, and who speak Dinka
or English. Her lawyer has reportedly appealed on the grounds that as
a non-Muslim, she should not be subjected to penalties based on Islamic
law, and that she had difficulty understanding the Arabic language used
during her trial.
Abdu Ismail Tong,
reportedly from Guinea, and Yousif Yaow Mombai, reportedly from the
Democratic Republic of Congo, were convicted of stealing 3 million Sudanese
pounds (approx US $1160) and sentenced to amputation of the right hand.
They confessed to the theft in police custody, but reportedly denied
the crime after the trial, raising concerns that they may have confessed
under duress. They were reportedly tried by an "Emergency"
court in Nyala, Southern Darfur, without access to lawyers.
Mohamed Adam Yahya
and Ahmed Suleiman Mohamed were reportedly sentenced to amputation of
the right hand, followed by death by hanging, by a court in Northern
Darfur province on 25 December 2001. Mohamed Hassan Mahmoud and Adam
Yassin were reportedly sentenced to death by hanging by "Emergency"
courts in Al Fasher and another area of the province. The four men have
apparently been convicted of offences ranging from armed robbery to
murder.
Amnesty International
has also received unconfirmed reports that some 21 men have been sentenced
to death by hanging by the "Emergency" court in Nyala since
5 September 2001. Two men were apparently sentenced to "cross amputation"
(amputation of the right hand and left foot) on 27 December 2001, by
a court in the Darfur region.
BACKGROUND INFORMATION
Under Sudan’s
penal code, the sentence for armed robbery is cross amputation, and
that for adultery by a married person is death by stoning. Amnesty International
regards these as cruel, inhuman or degrading punishments and therefore
inconsistent with international human rights law and expressly forbidden
by 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.
Darfur has been
the scene of complex strife between ethnic groups, and frequent armed
robberies by bandits, for many years. The government now appears to
have 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 appear to have been 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.
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.
RECOMMENDED
ACTION:
Please send appeals
to arrive as quickly as possible, in English, Arabic or your own language:
- expressing concern
that the people named above have been sentenced in Darfur to death
by stoning, death by hanging and amputations;
- explaining that
in your view such sentences contravene the prohibition in the Universal
Declaration of Human Rights of all forms of cruel, inhuman and degrading
treatment or punishment, as well as Sudan’s obligations under
the ICCPR and CAT;
- appealing for
these and all such sentences of death and amputation to be commuted
immediately;
- calling on the
government to uphold the right of all to receive a fair trial, in
accordance with international standards and without recourse to the
death penalty;
- appealing for
the law in Sudan to be amended to bring it into line with international
standards.
APPEALS 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
Mr Ali Mohamed Osman Yassin
Minister of Justice and Attorney General
Ministry of Justice
Khartoum, Sudan
Telegrams: Justice Minister, Khartoum, Sudan
Fax: +24911 788941 / 774842/ 774906
Salutation: Dear Minister
Mr Mustafa Osman
Ismail
Minister of Foreign Affairs
Ministry of Foreign Affairs
PO Box 873, Khartoum, Sudan
Fax: +24911 779383
Telegrams: Foreign Minister, Khartoum, Sudan
Salutation: Dear Minister
Dr Ahmed al-Mufti
Advisory Council for Human Rights
PO Box 302
Khartoum, Sudan
Fax: + 24911 779173
Salutation: Dear Dr al-Mufti
COPIES TO:
Mr Hafez al-Sheikh
al-Zaki
Chief Justice, Supreme Court
Khartoum, Sudan
and to diplomatic representatives of Sudan accredited to your country.
PLEASE SEND
APPEALS IMMEDIATELY. Check with the International Secretariat, or your
section office, if sending appeals after 19 February 2002
