23.05.2007 - Source: Amnesty International

Darfur: 2006 verliefen Verfahren vor Sonderstrafgerichten nicht nach internationalen Standards für faire Gerichtsverfahren ("Annual Report 2007") [ID 20094]

"In Darfur, trials before Specialized Criminal Courts set up in 2003 to try crimes such as banditry failed to meet international fair trial standards. In some cases, the courts admitted as evidence confessions reportedly made under duress and later retracted in court."

Document(s): Open document

23.05.2007 - Source: Amnesty International

Darfur: Trials before Special Criminal Court on the Events of Darfur (SCCED) mostly unconnected with crimes unter international law ("Annual Report 2007") [ID 20095]

"

Trials before the Special Criminal Court on the Events in Darfur (SCCED) have mostly been for ordinary offences unconnected with crimes under international law in Darfur. The Court's inauguration in July 2005 coincided with the opening of the investigation by the International Criminal Court into war crimes and crimes against humanity in Darfur.

• In the only case involving attacks on civilians known to have come before the SCCED, three men, including two border guards, were sentenced to up to three years' imprisonment in May for stealing goods in the village of Tama in October 2005. No one was charged in connection with the killing of 28 civilians during the attack."

Document(s): Open document

06.03.2007 - Source: US Department of State

Information on special three person security courts that deal with violations of consitutional decrees, emergency regulations, some sections of Penal Code and drug and currency offences ("Country Report on Human Rights Practices 2006") [ID 19264]

"The Special Courts Act created special three person security courts to deal with violations of constitutional decrees, emergency regulations, and some sections of the Penal Code, as well as with drug and currency offenses. Special courts, composed primarily of civilian judges, handled most security related cases. Attorneys could address the court. Lawyers complained that they sometimes were granted access to court documents too late to prepare an effective defense. Sentences usually were severe and implemented at once; however, death sentences were referred to the chief justice and the head of state. Defendants could file appellate briefs with the chief justice. The defendant has seven days to appeal a decision; the decision of the appeal court is final. Special criminal courts operated in Darfur as authorized by presidential decree."

Document(s): Open document

28.02.2005 - Source: US Department of State

Special courts operate in Darfur, as allowed under the state of emergency ("Country Report on Human Rights Practices 2004") [#29477],  [ID 12156]

"Special Courts in Darfur operated during the year under the state of emergency to try crimes against the state. [...]
The Special Courts Act created special three person security courts to deal with a wide range of offenses, including violations of constitutional decrees, emergency regulations, some sections of the Penal Code, as well as drug and currency offenses. Special courts, composed primarily of civilian judges, handled most security related cases. Attorneys could advise defendants as friends of the court but normally could not address the court. Lawyers complained that they sometimes were granted access to court documents too late to prepare an effective defense. Sentences usually were severe and implemented at once; however, death sentences were referred to the Chief Justice and the Head of State. Defendants could file appellate briefs with the Chief Justice."

Document(s): Open document

28.02.2005 - Source: US Department of State

Emergency tribunals continue to try banditry, particularly in Darfur ("Country Report on Human Rights Practices 2004") [#29477],  [ID 12157]

"Emergency tribunals, composed primarily of military judges, continued to try banditry cases, particularly in Darfur. Defendants were not permitted access to legal representation. The emergency tribunals ordered sentences such as death by stoning and amputations during the year. Sentences were carried out quickly, with only 1 week allowed for appeal to the district chief justice. Emergency tribunals ordered executions during the year. Unlike last year, there were no confirmed reports that persons were executed the day after sentencing."

Document(s): Open document

02.07.2003 - Source: Amnesty International

South Darfur state: 9 men sentenced to death by hanging by a Special Court in the city of Kass/ they were allegedly accused of taking part in an attack on the village of Alibya which is populated by members of the Fur ethnic group/ there are concerns that the trials were unfair ("Sudan - UA 194/03") [#14038],  [ID 12158]

"On 12 June, the nine men named above were sentenced to death by hanging by a Special Court in the city of Kass, South Darfur state. Amnesty International is concerned that the death penalty has been imposed following a judicial process that did not respect international standards for fair trials.
[...]
Under procedures for special courts in South Darfur, which were set up by decree of the wali (Governor) of South Darfur in 2001, defendants are not permitted to be defended by lawyers except by special permission. The nine defendants were reportedly represented by one lawyer who was authorized to attend the trial as a "friend" and who was reportedly allowed to ask the prosecution witnesses only three or four questions during cross-examination. The men were found guilty by a panel of judges and were sentenced to death on 12 June.

The nine have appealed to the Special Appeal Court in Nyala. If this is unsuccessful, they may then appeal to the Supreme Court in the capital Khartoum and then to the Constitutional Court. In 2002, at least 40 people were executed in Sudan and more than 120 were sentenced to death. At least 90 of last year's death sentences were passed by Special Courts in the Darfur region."

Document(s): Open document

28.03.2003 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Special courts abolished, says Ministry of Justice ("Statement by Mr. Gerhart Baum Special Rapporteur of the Commission on Human Rights on the situation of human rights in the Sudan") [#13925],  [ID 12159]

"The Government's interpretation of the conflict as caused by armed groups engaged in robbery and its response to solve the Darfur issue by resorting to Special Courts, group trials, death sentences and cruel and inhumane punishment such as cross amputation, are totally inadequate and resulted in serious human rights abuses. I was informed by the Minister of Justice that Special Courts have now been abolished. However, while no more sentences were passed by Special Courts in the past few months, some cases are still pending at the High Court or Constitutional Court."

Document(s): Open document

20.08.2002 - Source: UN General Assembly

Establishment of the Special Court at El-Fashir ("Situation of human rights in the Sudan A/57/326") [#9764],  [ID 12160]

"79. As for the Special Courts, the Special Rapporteur studied Decree No. 21/2001 on the establishment of the
Special Court at El-Fashir, issued by the Wali of northern Darfur on 1 May 2001. According to the
decree, if the accused withdraws his confession, the court shall take into account that confession as
evidence against the accused. The accused has no right to withdraw his confession.16 In addition, lawyers have
no right to appear before the courts to represent suspects, but a suspect’s friend can appear instead to
provide help before the court.17
80. A similar court was also established in Nyala, southern Darfur. This judicial body, reportedly established in accordance with article 6 (2) of the Law of Emergency and Protection of Public Safety of 1997 and with the State of Emergency No. 1 of 1998, by the Governor of southern Darfur, deals with crimes of armed robbery, crimes against the State, as well as crimes relating to drugs and public nuisance. It is said to operate with one civil and two military judges. Lawyers are reportedly 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 sentence to the District Chief of Justice, whose decision is final."

Document(s): Open document
02387sud.pdf

25.07.2002 - Source: Integrated Regional Information Network

Special courts in Darfur province ("Sudan: 87 sentenced to death following tribal clashes") [#7960],  [ID 12162]

"Sudanese Special Courts were established in accordance with the State of Emergency Act 1998, by the governors of Southern and Northern Darfur Provinces, to deal with crimes of armed robbery, crimes against the state, as well as crimes relating to drugs and "public nuisance"."

Document(s): Open document

01.02.2002 - Source: Human Rights Watch

Emergency courts in Darfur lack legal safeguards and hand out cruel and capital punishment ("Sudan Justice: Stonings, Amputations") [#5463],  [ID 12163]

"All of these sentences were issued by emergency courts composed of one civil judge and two military judges. The accused are not allowed legal representation and are allowed only a week to appeal to the district chief justice. In May 2001, these courts reportedly started to function in Southern and Northern Darfur states, where the six men described above were convicted and sentenced.
Human Rights Watch said the lack of legal representation for the accused, the summary nature of the proceedings, and the limited right of appeal (here only to the district judge in Darfur) directly contravenes international commitments that Sudan has adopted under the ICCPR.
“The emergency courts handing out these drastic penalties do not allow the accused to have a lawyer or advocate, even though so much is at stake,” said Rone. “Limb amputation mutilates the convicted person, and disables from most gainful employment.”"

Document(s): Open document

08.2001 - Source: UN Development Programme

Specialized courts ("08.2001 - Nathan J. Brown: Arab Judicial Structures. A Study Presented To The United Nations Development Program") [ID 12161]

"The 1998 constitution provides for two specialized courts. First, a constitutional court was constructed (and shortly after the constitution was adopted, the new court was created). The court is authorized to issue binding interpretations of the constitution and entertain constitutional challenges (including from individuals, provided that all other remedies have been exhausted). The members of the court are appointed by the president with the concurrence of the National Assembly.

Second, a special "Employees Justice Chamber" exists for grievances of those in public service. Its decisions may not be appealed to the regular courts.

In addition, in some southern areas, tribunals exist to settle disputes within local communities.

Finally, Special Courts can be created under a 1989 law. These combine military and civilian judges in a variety of cases. They are probably most prominent in security cases, but the government has also called upon them to deal with the backlog of criminal cases. No appeal to the regular courts is possible, though they are supposed to follow the same procedures as the regular criminal courts. Those convicted may appeal to the chief justice."

Document(s): 08.2001 - Nathan J. Brown: Arab Judicial Structures. A Study Presented To The United Nations Development Program