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Further information on UA 353/93 (AFR 54/36/93, 6 October) - Sudan: flogging / legal concern: Kamal Mekki Medani, Mamoun Mekki Medani, Al-Haj Mekki Medani, Hisham al-Kareb, Gaafar Mohamed Ahmed, Mohamad al-Amin Gaith, Amir al-Tilib, Salah Disougi, Abdin M

, Index number: AFR 54/040/1993

On 2 November 1993 a sentence of 40 lashes by flogging was carried out on eight of the men named above. The imposition of the sentence on Hisham al- Kareb and Abdin Miheisi is reported to have been postponed for two weeks after they submitted medical reports indicating that they were not physically fit enough to withstand the punishment. However, Kamal Mekki Medani was flogged despite medical evidence that he suffered from hypertension and diabetes. The ten men were convicted of consuming alcohol after an unfair trial on 11 September 1993 at a Public Order Court hearing.

EXTERNAL (for general distribution) AI Index: AFR 54/40/93
Distr: UA/SC
5 November 1993
Further information on UA 353/93 (AFR 54/36/93, 6 October 1993) -
Flogging/Legal Concern
SUDAN Kamal Mekki Medani, chief cotton classifier, Sudan Gezira Board
Mamoun Mekki Medani, businessman
Al-Haj Mekki Medani, administrator Gezira University
Hisham al-Kareb, manager of a book shop
Gaafar Mohamed Ahmed, engineer
Mohamad al-Amin Gaith, bank manager
Amir al-Tilib, director of Wad Medani Theatre
Salah Disougi, agriculturalist
Abdin Miheisi, consultant engineer
Kamal Ahmad Saleh, manager of a pharmaceutical company
Amnesty International has learned that on 2 November 1993 a sentence of 40
lashes by flogging was carried out on eight of the men named above. The
imposition of the sentence on Hisham al-Kareb and Abdin Miheisi is reported
to have been postponed for two weeks after they submitted medical reports
indicating that they were not physically fit enough to withstand the punishment.
However, Kamal Mekki Medani was flogged despite medical evidence that he
suffered from hypertension and diabetes. Amnesty International is concerned
that Hisham al-Kareb and Abdin Miheisi remain liable to a cruel, inhuman and
degrading punishment after an unfair trial.
The 10 men were arrested on 2 September 1993 at a party in the Sudanese city
of Wad Medani and convicted at a Public Order Court hearing on 11 September
1993 of consuming alcohol. They appealed to the High Court but the sentences
are reported to have been confirmed following the intervention of Sudan's Chief
Justice.
The brewing, possession and consumption of alcohol is illegal under the Sudan
Penal Code, which is based on the government's interpretation of Shari'a
(Islamic) law. However, it is believed that the party was raided by security
officials because of the political activities in exile of Amin Mekki Medani,
the brother of three of the accused. Amin is a senior member of the National
Democratic Alliance (NDA), an umbrella grouping of Sudanese political parties
in opposition to the Islamist military government, and is the President of
the Sudan Human Rights Organization (SHRO).
There is concern that the trial was unfair. The accused were not allowed to
call witnesses in their defence nor to read their own defence statement.
Medical evidence concerning alcohol levels in their bloodstream was ignored
and the judge accepted the word of security officials that alcohol had been
smelt on the breath of the accused. It does not appear as if the intervention
by the Chief Justice constituted an appeal.
Flogging is a penalty widely used in Sudan for public morals and minor public
order offences. Amnesty International considers flogging to be a cruel,
inhuman and degrading punishment which, as such, is prohibited internationally
2
by the United Nations' Convention against Torture or Other Cruel, Inhuman or
Degrading Treatment or Punishment, by the Universal Declaration of Human Rights
and the International Covenant on Civil and Political Rights.
FURTHER RECOMMENDED ACTION: Please send telegrams/telexes/faxes/express and
airmail letters either in English or Arabic, or in your own language:
- expressing concern that eight of individuals named above have each received
a flogging of 40 lashes;
- expressing concern that Hisham al-Kareb and Abdin Miheisi remain at risk
of being flogged;
- expressing concern that the trial was unfair since the accused were reportedly
not allowed to call witnesses in their defence nor allowed to read out their
defence statement;
- appealing for the sentences of flogging on Hisham al-Kareb and Abdin Miheisi
to be set aside and, if the accused are fairly tried, replaced by other penalties
compatible with international human rights standards;
- pointing out that Sudan has signed the UN Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (June 1986) and
acceded to the International Covenant on Civil and Political Rights (March
1986), both of which prohibit cruel, inhuman or degrading punishment;
- urging that laws providing for flogging penalties be abolished as flogging
is a cruel, inhuman and degrading punishment.
APPEALS TO:
1) His Excellency Lieutenant General Omar Hassan al-Bashir
President of the Republic of the Sudan
People's Palace
PO Box 281, Khartoum, Sudan
Telegrams: Lt Gen Omar Hassan al-Bashir, Khartoum, Sudan
Telexes: 22385 PEPLC SD or 22411 KAID SD
Salutation: Your Excellency
2) Brigadier-Engineer 'Abd al-Rahim Muhammad Husayn
Deputy Prime Minister and Minister of the Interior
People's Palace
PO Box 281, Khartoum, Sudan
Telegrams: Brig-Engineer 'Abd al-Rahim Muhammed Husayn, Khartoum, Sudan
Telexes:22842 WZARA SD or 22604 IPOL SD
Salutation: Dear Deputy Prime Minister
3) Mr 'Abd al-Aziz Shiddu
Minister of Justice and Attorney-General
Ministry of Justice
Khartoum, Sudan
Telegrams: Mr 'Abd al-Aziz Shiddu, Khartoum, Sudan
Telexes: 22459 KHRJA SD or 22461 KHRJA SD (via Ministry of Foreign
Affairs)
Salutation: Dear Minister
COPIES TO:
Mr Jalal Ali Lutfi
Chief Justice, Law Courts
Khartoum, Sudan
Mr Hussein Suleiman Abu Salih
Minister of Foreign Affairs
3
Ministry of Foreign Affairs
PO Box 873,Khartoum, Sudan
Dr A. al-Mufti
Secretary of Human Rights Commission*
Khartoum, Sudan
* The Human Rights Commission is a government-backed body, nominally
independent, but apparently created to counter what the government perceives
as hostile human rights propaganda.
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 17 December 1993.

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