SUDAN
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Human Rights Issues
28.05.2008 - Source: Amnesty International
At least 23 people known to have been sentenced to death in 2007, 7 people executed; true figures believed to be higher ("Annual Report 2008") [ID 23358]
"At least 23 people were known to have been sentenced to death and seven people executed by hanging during 2007.
The true figures were believed to be much higher.
Death sentences continued to be frequently passed after unfair trials in which confessions extracted under torture were used as evidence.
On several occasions defendants were sentenced to death after trials where they had no defence lawyer.
Death sentences continued to be passed on women for adultery but no such sentence was known to have been carried out.
In Darfur, Special Courts and Special Criminal Courts continued to conduct unfair trials. [...]
In South Sudan death sentences were passed on many people who had been tried without defence counsel. However, no one was known to have been judicially executed during 2007.
Sadia Idriss Fadul and Amouna Abdallah Daldoum, both originally from Darfur, were sentenced in February and March respectively to be stoned to death for adultery by the Criminal Court in Managil Province, Gazira State. It was believed that the sentence was commuted.
In November, 10 people originally from Darfur, including al-Tayeb Abdel Aziz, aged 16, and Idris Mohammed al-Sanousi, aged 71, were sentenced to death by the Khartoum Criminal Court for the murder of a newspaper editor, Mohammed Taha.
All 10 retracted confessions which they said were extracted under torture.
The Court refused defence lawyers' requests to order medical examinations.
Two members of military intelligence, Bakhit Mohammed Bakhit and Abdel Malik Abdallah, were executed by hanging in May in Shalla Prison, al-Fasher, Darfur.
They had been tried before the Special Criminal Court on the Events in Darfur in August 2005 and sentenced to death for murder after the death of Adam Idris Mohammed as a result of torture in custody. The head of military intelligence was acquitted."
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28.05.2008 - Source: Amnesty International
Southern Sudan: Many people convicted without defence lawyers; death sentences were passed out in 2007, but no execution known to have been carried out ("Annual Report 2008") [ID 23361]
"Partly because of a shortage of lawyers, many people were convicted without defence lawyers.
A number of death sentences were passed but no judicial executions were known to have been carried out.
Mapet Daniel Dut was sentenced to death for murder in October by the Court of Justice in Rumbek.
He reportedly had no defence lawyer.
He later escaped from prison and police detained his brother and father in his place.
Two sisters, who brought them food, were also detained, but released after a few days.
Mapet Daniel Dut was not recaptured and his father remained in detention at the end of the year."
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23.05.2007 - Source: Amnesty International
Majority of trials in 2006 were unfair ("Annual Report 2007") [ID 20091]
"
Appeal courts and criminal courts in Khartoum acquitted political detainees in some trials. However, in the majority of trials, rights of defence were curtailed or absent, and testimony given under duress was accepted as evidence. Dozens of death sentences were passed, usually after unfair trials in which rights of defence, including the right to be represented by counsel, were not respected. [...]
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."
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23.05.2007 - Source: Amnesty International
Khartoum: Appeal courts and criminal courts acquitted political detainees in some trials ("Annual Report 2007") [ID 20092]
"
Appeal courts and criminal courts in Khartoum acquitted political detainees in some trials. [...]
• In April the remaining 10 defendants in a trial of Popular Congress members were acquitted after the Special Court in Khartoum North accepted that their confessions were obtained under torture. They had been arrested in September 2004 and charged with an attempted coup.
• In a trial before the Khartoum Criminal Court of 137 residents of Soba Aradi, a settlement of mostly displaced people in Khartoum North, 62 detainees were acquitted in June and August for lack of evidence. They were charged in connection with clashes in May 2005, in which 14 police officers and 30 IDPs were killed, over the proposed relocation of the settlement. Seven defendants were sentenced to death in November."
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06.03.2007 - Source: US Department of State
Standards for fair trials not always met in 2006 ("Country Report on Human Rights Practices 2006") [ID 19260]
"The interim constitution and law provide for fair and prompt trials; however, this was often not respected. Trials in regular courts nominally met international standards of legal protections.
Trials were open to the public at the discretion of the judge. In cases of national security and offenses against the state, trials were usually closed. Juries are not used.
The accused normally have the right to an attorney, and the courts are required to provide free legal counsel for indigent defendants accused of crimes punishable by death or life imprisonment; however, there were reports that defendants frequently did not receive legal counsel and that counsel in some cases could only advise the defendant and not address the court.
There were reports that the government sometimes denied defense counsel access to the courts or did not allow the calling of defense witnesses. For example, in May 2005 an appeals court upheld a judge's 2004 ruling that banned lawyers from representing 28 defendants on trial for allegedly plotting a coup and ordered them to pick new counsel or accept government-appointed lawyers. Thereafter 43 additional persons were charged. Forty-nine out of the 81 defendants were convicted of plotting a coup and sentenced from five to 15 years in prison; the others were released. However, on March 13, a special court in Bahri, Khartoum North, dropped charges against eight of the 49 defendants for lack of evidence. The same court acquitted an additional 10 defendants on April 26 because their confessions had been obtained under torture by NISS officers.
According to the interim constitution and law, there is a presumption of innocence; however, this was not respected in practice. Defendants have a right to appeal, except in cases of military trials where the decision is final and there is no appeal.
Military trials, which sometimes were secret and brief, did not provide procedural safeguards. For example, the defendant's attorney could advise the defendant but could not address the court. Witnesses may be permitted to appear at military trials. "
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06.03.2007 - Source: US Department of State
Southern Sudan: Where civil authorities and institutions did not operate in 2006, standards for fair trials were not met ("Country Report on Human Rights Practices 2006") [ID 19261]
"In parts of the south and the Nuba Mountains, where civil authorities and institutions did not operate, there were no effective judicial procedures beyond customary courts. According to credible reports, military units in those areas summarily tried and punished those accused of crimes, especially for offenses against civil order."
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20.04.2006 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation
Limitations regarding legal representation ("10th European Country of Origin Infomation Seminar Budapest, 1 - 2 December 2005: Final Report on Sudan") [#49770], [ID 18917]
"Regarding legal representation, there are other limitations as well – poverty and the lack of a functioning legal aid system. Legal aid is only available for defendants who face the death penalty and they are not free to choose their lawyer. Lawyers are not present during police interrogations. Usually, they don’t get access to police files, so their representation of cases in courts turns out to be very difficult."
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20.04.2006 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation
Sudanese Bar Association strictly controlled by government ("10th European Country of Origin Infomation Seminar Budapest, 1 - 2 December 2005: Final Report on Sudan") [#49770], [ID 18918]
"After the coup, the new regime started to control the Sudanese Bar Association which formerly was quite powerful, with well educated lawyers. Today, the Bar Association is strictly controlled by the government. Legal professionals complain about rigged elections to the management. A number of courageous lawyers still do represent political cases and torture victims, but they risk harassment, arbitrary detention and torture themselves."
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20.04.2006 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation
Women accused of public order offences have little possibility to defend themselves ("10th European Country of Origin Infomation Seminar Budapest, 1 - 2 December 2005: Final Report on Sudan") [#49770], [ID 18928]
"Persons, who are accused of public order offences, have no access to legal representation and sentences are passed very quickly. Victims, mostly women, have little possibility to defend themselves. The most common punishment is lashing or whipping. So if women are picked up in the evening, in the morning they will be brought before a judge, with the sentence, like whipping, being carried out the same afternoon. Victims have no legal remedies against this practice."
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08.03.2006 - Source: US Department of State
Trial Procedures: An Overview ("Country Report on Human Rights Practices 2005") [#46041], [ID 12257]
"The law provides for fair and prompt trials; however, this was often not respected. Trials in regular courts nominally met international standards of legal protections.
Trials were open to the public at the discretion of the judge. In cases of national security and offenses against the state, trials were usually closed. Juries are not used.
The accused normally have the right to an attorney, and the courts are required to provide free legal counsel for indigent defendants accused of crimes punishable by death or life imprisonment; however, there were reports that defendants frequently did not receive legal counsel and that counsel in some cases could only advise the defendant and not address the court. There were reports that the government sometimes denied defense counsel access to the courts or did not allow the calling of defense witnesses. For example, an appeals court upheld a judge's October 2004 ruling that banned lawyers from representing 28 defendants on trial for allegedly plotting a coup and ordered them to pick new counsel or accept government-appointed lawyers. Thereafter 43 additional persons were charged. On May 15, 49 out of the 81 defendants were convicted of plotting a coup and sentenced to 5 to 15 years in prison. The others were released.
According to the law, there is a presumption of innocence; however, this was not respected in practice. Defendants have a right to appeal, except in cases of military trials where the decision is final and there is no appeal.
Military courts tried only military personnel. Military trials, which sometimes were secret and brief, did not provide procedural safeguards. For example, the defendant's attorney could advise the defendant but could not address the court. Witnesses may be permitted to appear at military trials.
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.
Lawyers who wished to practice were required to maintain membership in the government-controlled bar association. The government continued to harass members of the legal profession whom it considered political opponents. On September 27, security forces in Darfur brieflydetained Darfur Lawyers Association director Mohamed Addoma and several fellow lawyers while they were attending a conference on legal aid.
In the South the SPLM employed a judicial system of county magistrates, county judges, regional judges, and a court of appeals. The court system did not function in many areas due to lack of infrastructure, communications, funding, and an ineffective police force. The SPLM recognized traditional courts or "courts of elders," which usually heard domestic matters such as marriages and dowries and based their decisions on traditional and customary law. Local chiefs usually presided over traditional courts. Traditional courts were particularly active in Bahr el‑Ghazal. In rural areas outside effective SPLM control, tribal chiefs applied customary laws.
In parts of the South and the Nuba Mountains where civil authorities and institutions did not operate, there were no effective judicial procedures. According to credible reports, military units in those areas summarily tried and punished those accused of crimes, especially for offenses against civil order."
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08.03.2006 - Source: US Department of State
The judiciary committee: An Overview ("Country Report on Human Rights Practices 2005") [#46041], [ID 12258]
"Although the constitution provides for an independent judiciary, the judiciary was largely subservient to the president or the security forces, particularly in cases of crimes against the state.
A judiciary committee recommends and the president appoints the chief justice and justices of the Supreme Court. The president appoints the Constitutional Court's seven members. On occasion courts displayed a degree of independence. For example, appeals courts overturned several decisions of lower courts in political cases, particularly decisions from public order courts. However, political interference with the courts regularly occurred."
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08.03.2006 - Source: US Department of State
Trial delays caused by large numbers of detainees and judicial inefficiency ("Country Report on Human Rights Practices 2005") [#46041], [ID 12259]
"Arrests and detentions of NGO members and civil society groups increased from the previous year.
Arbitrarily lengthy detention before trial was common. Trial delays were caused by large numbers of detainees and judicial inefficiency, such as the failure of judges to appear for court.
The government routinely used house arrest without due process."
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08.03.2006 - Source: US Department of State
Women held in prison until they could pay the fine; thereby effectively serving indefinite sentences ("Country Report on Human Rights Practices 2005") [#46041], [ID 12260]
"Security forces often targeted southern women in IDP camps because they produced and sold traditional home‑brewed alcohol; such women were arrested and imprisoned for up to six months under Shari'a. Some women were held in prison until they could pay the fine, regardless of time served in prison, thereby effectively serving indefinite sentences. Vagrant children accused of committing crimes were detained for indefinite periods (see section 5)."
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08.03.2006 - Source: US Department of State
Under the Criminal Code, an individual my be detained for 3 days without charge, which can be extended for 30 days ("Country Report on Human Rights Practices 2005") [#46041], [ID 12261]
"Warrants are not required for an arrest. Under the Criminal Code, an individual may be detained for 3 days without charge, which can be extended for 30 days by order of the director of security and another 30 days with the approval of the prosecuting attorney. Under the National Security Act, which supersedes the Criminal Code, an individual accused of violating national security may be detained for three months without charge, which the director of security may extend for another three months. Under the state of emergency, the government was not constrained by the National Security Act and reportedly detained individuals indefinitely without judicial review. The law provides for the individual to be informed of the arrest charges at the time of arrest and for prompt judicial determination without undue delay, but these provisions were rarely followed.
The law allows for bail, except for those accused of crimes punishable by death or life imprisonment, and there was a functioning bail system.
Although the law provides for access to a lawyer, security forces often held persons, including criminal detainees, incommunicado for long periods in unknown locations without access to their lawyers or family members."
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28.02.2005 - Source: US Department of State
Government continues to use arbitrary arrest and detention under the state of emergency provisions ("Country Report on Human Rights Practices 2004") [#29477], [ID 12272]
"The law prohibits arbitrary arrest and detention without charge; however, in practice, the Government continued to use arbitrary arrest and detention under the state of emergency provisions. [...]
Under the Constitution and the Criminal Code, an individual may be detained for 3 days without charge, which can be extended for 30 days by order of the Director of Security and another 30 days by the Director of Security with the approval of the prosecuting attorney. Under the National Security Act, which supercedes the Criminal Code, an individual accused of violating national security may be detained for 3 months without charge, which the Director of Security may extend for another 3 months. Under the state of emergency, the Government is not constrained by the National Security Act and reportedly detained individuals indefinitely without judicial review. Security forces often held persons, including criminal detainees, incommunicado for long periods of time in unknown locations without access to their lawyers or family members."
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26.05.2004 - Source: Amnesty International
Article 21 of the National Security Forces Act of 1999 allows incommunicado detention without charge or trial for a maximum of nine months ("Annual Report 2004") [#22722], [ID 12273]
"National and military security forces continued to hold detainees in prolonged incommunicado detention without access to lawyers or any judicial review, using Article 31 of the National Security Forces Act of 1999 which allows incommunicado detention without charge or trial for a maximum of nine months."
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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 12262]
"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."
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02.06.2003 - Source: World Organisation Against Torture
Witness testifying against the internal security forces threatened; there is a risk he may be killed ("Sudan: trial witness receives death threats [Case SDN 020603]") [#13206], [ID 12274]
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30.04.2003 - Source: World Organisation Against Torture
24 people belonging to the Arab tribes of Darfur sentenced to death by hanging, having been convicted of armed robbery by the Special Court/ the trials were reportedly unfair ("Sudan: 24 persons sentenced to death by hanging in Darfour [Case SDN 300403]") [#12312], [ID 12263]
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23.04.2003 - Source: Amnesty International
10 people reportedly detained in connection with the current conflict in Darfur, between Sudanese government forces and the armed opposition group Sudan People's Liberation Army SPLA/ they may have been tortured or ill-treated in detention ("Sudan - UA 110/03") [#12181], [ID 12264]
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31.01.2003 - Source: Amnesty International
Reports of continuing arbitrary and incommunicado detention, unfair trials as well as the forced recruitment of children and displacement of civilians by all sides in the armed conflict ("Sudan: Preliminary conclusions of Amnesty International's mission") [#10584], [ID 12265]
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14.01.2003 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)
17 women sentenced to 100 lashes for adultery without the possibility of seeking legal advice or appeal; summary trials ("Integration of the human rights of women and the gender perspective: The violence against women [E/CN.4/2003/75/Add.2]") [#11278], [ID 12266]
"201. On 3 December 2002 the Special Rapporteur sent a joint urgent appeal with the Special
Rapporteur on the question of torture, the Special Rapporteur on the situation of human rights in
the Sudan and the Special Rapporteur on the independence of judges and lawyers, on behalf of
Zahra Hassan Ali, Asma Mohamed Ahmed and Zakia Altayeb who were reportedly facing
sentences of 100 lashes for adultery without the possibility of seeking legal advice or appeal.
According to reports, they were among 17 women from the village of Munwashi, Western Sudan
accused of adultery between 12 and 20 November 2002. The charges were reportedly based on
the allegations that they were all unmarried, but have given birth to babies who are now between
the ages of 6 and 18 months.
202. Summary trials were reportedly held on 12, 14 and 20 November. Um Alnas
Mohamed Ahmed, aged 21, Hanan Abdulrahman Mohamed, aged 19, Hagir Mohamed
Ahmed, aged 18, Nimat Abakr Abdelgadir, Rasha Bahr Aldin Adam, aged 18,
Fatima Abdulla Adam, aged 20, Gada Mosa Hamid, aged 18, Shamael Omar Fadl, aged 22,
Hawa Yousif Abdelgadir, aged 18, Fathia Ahmed Abdulrahman, aged 18, Laila Adam
Siraj, aged 20, Kaltoum Isam Adam, aged 22, Rawda Abdelgabar Mohamed, aged 20,
and Gadah Abdelgabar were reportedly found guilty of adultery and sentenced to
receive 100 lashes. The sentences were allegedly carried out on the same day as the sentencing
and it is reported that the women had no opportunity to seek legal advice or to make appeals.
Zahra Hassan Ali, Asma Mohamed Ahmed and Zakia Altayeb have reportedly not yet been
brought to court. Fears have been expressed that, if taken to court and found guilty,
these 3 women would face the same punishment as the other 14 women. No men have
reportedly been charged in connection with the incidents.
203. By a letter dated 11 September 2002, sent jointly with the Special Rapporteur on the
question of torture, the Special Rapporteur advised the Government that she had received
information on the following case: Alawiya Mohamed Abdullah from Kad al Haboub,
6 kilometres east of Nyala in Darfour province. It is reported that she was found guilty of
adultery and sentenced on 4 June 2002 in accordance with article 146 of the 1991 Penal Code,
which allegedly states that whoever commits the offence of adultery shall be punished with:
execution by stoning when the offender is married (Muhsan) or 100 lashes when the offender is
not married (non-muhsan). The presiding judge in the court, whose name is known to the
Special Rapporteur, is believed to have a record of handing down other similar punishments.
According to the information received, the sentence was given and executed on the same day
without allowing any opportunity for appeal and without any medical checks being carried out,
despite the fact that Alawiya had allegedly recently given birth, was breast-feeding, and was
generally in a very poor state of health. It is reported that the man involved in the incident of
adultery was found not guilty due to lack of evidence against him."
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20.08.2002 - Source: UN General Assembly
Special Courts: accused has no right to withdraw his confession ("Situation of human rights in the Sudan A/57/326") [#9764], [ID 12267]
"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."
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02387sud.pdf
18.07.2002 - Source: Amnesty International
Nyala: 88 Personen der Volksgruppe der Rizeigat zum Tode verurteilt durch das "Sonder-" oder "Notstandsgericht"; 35 Gefangene inklusive 3 Kinder des Rizeigat-Stammes im Nyala Polizeihauptquartier gefoltert ("Sudan - EXTRA 56/02") [#7906], [ID 12268]
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28.05.2002 - Source: Amnesty International
Annual report 2002 ("Amnesty International Report 2002") [#7186], [ID 12269]
"The courts handed down harsh punishments after unfair and summary trials.
Five men had their right hands and left legs amputated on 25 and 27 January in Kober prison, Khartoum, after being convicted of armed robbery. The same sentences of ''cross-amputation'', imposed on another 19 men at the same time, had not been carried out by the end of 2001.
In April, six women and three children were among a group of 56 Christians given 15 to 20 lashes each after being convicted of public disorder in a summary trial in Khartoum at which they were refused legal representation. They were arrested at a meeting in a church, and police used tear gas and live ammunition to disperse the crowd gathered inside."
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01.02.2002 - Source: Human Rights Watch
Justice system is handing down punishments including death by stoning and amputations: woman sentenced to death by stoning for adultery, and at least 6 men sentenced to limb amputation for theft in recent months ("Sudan Justice: Stonings, Amputations") [#5463], [ID 12270]
"Stoning Sentence
On December 8, 2001, a criminal court in Nyala, southern Darfur, sentenced to death by stoning eighteen-year-old Abok Alfau Akok, a Christian woman from the Dinka tribe, after finding her guilty of adultery. Ms. Akok was pregnant at the time of her conviction. She did not have legal representation during the trial. The trial was conducted in Arabic, which is not her language, and there was no translation of the proceedings to ensure that she understood fully the case against her. The man with whom she allegedly had sex was not tried, because the court lacked sufficient evidence to prosecute him. The case is now on appeal.
Article 6 (5) of the International Covenant on Civil and Political Rights (ICCPR), which Sudan ratified in March 1986, strictly prohibits the imposition of capital punishment on a pregnant woman. [...]
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.”"
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20.04.2001 - Source: Amnesty International
Shootings, beatings and arrests of Christians by the police over last Easter/ at least 9 people flogged after being convicted with 47 others for causing "public disturbance" in an unfair trial ("Sudan: Church shootings and arrests must be investigated") [#1486], [ID 12271]
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