Document - Sudan: Further Information on Imminent Execution/Torture/Unfair trial

PUBLICAI Index: AFR 54/020/2002

15 August 2002

Further information on EXTRA 56/02 (AFR 54/013/2002, 18 July 2002) - Imminent execution/Torture/Unfair trial

SUDAN88 people including two children, Gadim Hamdoum Hamid (14) and Kabashi Alayan (14)

Eighty-eight people are still facing imminent execution for their alleged role in ethnic clashes in Rizeigat, Southern Darfur. Amnesty International has learned that the group includes two children, Gadim Hamdoum Hamid and Kabashi Alayan, both aged 14, despite the worldwide ban on sentencing children under the age of 18 to death. All were sentenced to death after an unfair trial.

The appeal on behalf of all of the accused 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.

During the trial, the defendants did not have proper legal representation. The death sentences were passed in special Emergency Courts that exist only in Darfur and that were established as part of the 1998 State Emergency Act. These courts are not obliged to try cases according to Sudan’s Criminal Procedures Act of 1993.

FURTHER RECOMMENDED ACTION: Please send appeals in Arabic, English or in your own language:

- expressing grave concern over the fact that 88 people, including two children aged 14, Gadim Hamdoum Hamid and Kabashi Alayan, who were sentenced to death have had their appeal rejected;

- calling on the authorities to commute the death sentences immediately;

- expressing particular concern at the death sentences imposed on the two children named above, and calling on the authorities to abide by their obligations under Article 37 of the Convention on the Rights of the Child and to ensure that “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age”;

- if you are able, calling on the authorities to ensure that the detainees be given access to their lawyer and families and any medical assistance where needed;

- calling on the authorities set up an independent and impartial investigation into allegations of torture of the detainees and make the findings public;

- condemning the use of Special or Emergency Courts in Darfur and calling for the restoration of international standards of justice and fair trials.

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

Salutation: Dear Sir

The Editor

Khartoum Monitor

Email:Khartoummonitor@hotmail.com

Salutation:Dear Sir

and to diplomatic representatives of Sudan accredited to your country.

PLEASE SEND APPEALS IMMEDIATELY.