Sudan Justice: Stonings, Amputations Emergency Courts Violate Fair Trial Standards

keralamonitor.com

(New York, February 5, 2002) Sudan's justice system is handing down
barbaric punishments including death by stoning and amputations, Human
Rights Watch said today. Human Rights Watch has sent a letter to Sudan's
president condemning these punishments and strongly urging that the
sentences not be carried out.

In recent months, a pregnant southern Sudanese woman, Abok Alfa Akok,
was sentenced to death by stoning for adultery, and at least six men
have been sentenced to limb amputation for theft.

Human Rights Watch expressed particular concern about Sudan’s
so-called “emergency courts,” where the amputation sentences have been issued. These emergency tribunals were established in 2001 under the state of emergency to deal summarily with crimes such as armed robbery, murder, and smuggling of weapons. Human Rights Watch said the tribunals do not meet basic fair trial standards, as they restrict legal representation and appeals.

“These recent sentences from the Sudan judicial system are nothing short
of inhumane,” said Jemera Rone, Sudan researcher for Human Rights Watch.
“Imposing the death penalty in Arabic on this young woman who does not
understand Arabic well constitutes a denial of her most fundamental
human rights, and the amputation of hands and feet is a brutal
punishment that disables permanently.”

Stoning Sentence

On December 8, 2001, a criminal court in Nyala, southern Darfur,
sentenced to death by stoning eighteen-year-old Abok Alfa 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.

Human Rights Watch called upon the Sudanese government to protect Ms.
Akok from the arbitrary and unacceptable punishment against her. “The
fact that only the woman has been tried for the crime of adultery
particularly suggests discriminatory application of this harsh law,”
said Rone.

Amputations

Since December 2001 at least six men in the states of Northern and
Southern Darfur have been sentenced to limb amputations for crimes such
as robbery and possession of weapons.

Background details on these cases:

· On December 12, 2001, an emergency tribunal in Nyala, Southern Darfur
convicted Abdu Ismail Tong and Yousif Yaow Mombai of stealing three
million Sudanese pounds (approximately U.S. $1160). They confessed while
in police custody, but later denied the crime, raising serious concern
about the possibility of confession under duress. They were not allowed
to be represented by advocates during their trial, and the court
sentenced them to amputation of the right hand.

· On December 25, 2001, an emergency tribunal in Alfahir City in Darfur
sentenced Mohamed Adam Yahya and Ahmed Suleiman Mohamed to amputation of the right hand followed by death by hanging. They were convicted of armed robbery.

· On December 27, 2001, Adam Ibrahim Osman and Abd Allaha Ismail Ibrahim from the town of Um Kadada were sentenced to cross amputation, i.e.,
amputation of the right hand and left foot. The emergency court
convicted them of banditry and possession of unlicensed weapons.

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.”

Human Rights Watch urged President Bashir to ensure that these cruel and
inhuman sentences are not carried out and called on the Sudanese
government to monitor all courts in Sudan to ensure accordance with
international human rights law and the rule of law.