Hands Off Cain
SUDAN·DEATH PENALTY·JUNE 25, 2002·3 MIN READ

The International Secretariat of OMCT (World Organization...

The International Secretariat of OMCT (World Organization Against Torture) was informed by the Sudan Organisation Against Torture (SOAT), a member of the OMCT network, of the names of 14 prisoners charged with armed robbery who are awaiting execution, in

The International Secretariat of OMCT (World Organization Against Torture) was informed by the Sudan Organisation Against Torture (SOAT), a member of the OMCT network, of the names of 14 prisoners charged with armed robbery who are awaiting execution, in Niyala, Sudan, after the Niyala Special Court No 1 sentenced them to death under article 168 of the penal code 1991.
According to the information received, five of the detainees were sentenced to death by hanging with crucifixion on May 8. The prisoners were reportedly held incommunicado for 45 days prior to the trial and were not allowed legal representation. The five prisoners are Mohamed Abakar Haroun; Khaleel Tahir Bashier; Adam Abd Allah Mohamed; Ahmed Jouma Mohamed and Habieb Ali Abd Algadir.
The other detainees who are awaiting execution in Darfur, Sudan include: Adam Musa Biraima and Adam Alzain Ismail, both from Ed Da'ien, who were sentenced to death by hanging on March 2; Abd Allah Wadai, 27 and Mohamed Abd Alrasoul Thabit, 23, both from Shiariya, who were sentenced to death by hanging on March 20; Mohamed abd Almahmoud Mohamed, 27, and Is'hag Abd Allah Mukhtar, 24, both from alban Jadeed, who were sentenced to death by hanging on March 10; Hafiz Suliman Yahya, 26, and Hamad Mohamed Adam, 20, both from Daleiba, who were condemned to death by hanging on March 12 and Dakhru Abd Allah Jouma, 28, from Niyala, who was sentenced to death by hanging on February 18.
Reports indicate that one more person may also be awaiting execution, but he has not yet been identified.
According to the report, all of the aforementioned prisoners did not benefit from legal representation during their respective trials at the Niyala Special Court No 1. SOAT lawyers have launched an appeal with the District Chief of Justice against their sentences, but the outcome of this procedure is still being awaited.
The Special Court, established in accordance with the State of Emergency Act 1998 by the Governors of Southern and Northern Darfur Provinces, deals with crimes of armed robbery, crimes against the state, as well as crimes relating to drugs and public nuisance.
The Special Court operates with two military judges and one civil judge. According to the information received, the judges of the Niyala Special Court No. 1 are: Mokhtar Ibrahim Adam, military officer Ghorashi Mohamed Ahmed, and police officer Al fadil Mohamed Salih.
Lawyers are 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 sentencing to the District Chief of Justice, whose decision is final. According to the information received, the Sudanese Minister of Justice has publicly admitted that the Special Courts are not following correct judicial procedures.
OMCT considers that these people's rights were violated due to breaches of internationally recognised fair trial standards and guarantees, including: the right to be tried by an impartial tribunal, the right to appeal before an independent tribunal, the right to legal representation, alongside the fact that these civilians were tried by what is effectively a military tribunal.