Case SDN 231003.CC
CHILD CONCERN
Risk of torture

The International Secretariat of OMCT requests your URGENT
intervention in the following situation in Sudan.

Brief description of the situation

The International Secretariat of OMCT has been informed by the
Sudanese Organisation against Torture, a member of the OMCT network,
of the sentencing of a 16-year-old child to cross-amputation in
Sudan.

According to the information received, on 14 October 2003, Nyala
Special Court in Darfour sentenced Mohamed Hassan Hamdan, a 16-year-
old nomad belonging to the Ja'afra tribe, to 'cross' amputation
(amputation of the right hand and left foot). Mohamed Hassan Hamdan
was convicted under article 167 of the Penal Code (1991) for armed
robbery (Hiraba). He was arrested near Rehaid Albirdi area, south
west of Nyala, in August 2003 with another 5 individuals. All of them
were accused of armed robbery, but Mohamed Hassan Hamdan was the only
one convicted.

His lawyer will submit an appeal to the Appeal Court in Nyala. The
sentence of cross amputation will be carried out if his appeal is
rejected.

The International Secretariat of OMCT is gravely concerned for the
physical and psychological integrity of Mohamed Hassan Hamdan. OMCT
wishes to emphasize that, under international human rights
conventions ratified by Sudan, torture, such as amputation, is
prohibited under any circumstance. This form of corporal punishment
remains prohibited, even when it is imposed as a criminal sentence.
OMCT is particularly concerned by the fact that the Nyala Special
Court does not allow for fair trials and that the victim is a child
as defined by the UN Convention on the Rights of the Child. As such,
he is entitled to the particular protection afforded by article 37 of
the Convention, which absolutely prohibits any form of torture or
other cruel, inhuman or degrading treatment.

Action requested

Please write to the authorities in Sudan urging them to:

i. Immediately revoke the sentence to which Mohamed Hassan Hamdan was
condemned;
ii. Ensure that Mohamed Hassan Hamdan be tried in a manner consistent
with international standards of fair trial and juvenile justice.
iii. Take all necessary measures to ensure respect for the
international human rights instruments, in particular the UN
Convention on the Rights of the Child, to which Sudan is party, which
includes respect for the prohibition of torture and cruel, inhuman or
degrading treatment and punishment, such as the practice of corporal
punishment;

Addresses

· President of the Republic of Sudan, His Excellency Lieutenant-
General Omar Hassan al-Bashir, President' s Palace, PO Box 281,
Khartoum, Sudan, Fax: +24911 771651/783223/779977

· First Vice-President, Mr Ali Osman Mohamed Taha, People's Palace PO
Box 281, Khartoum, Sudan, Fax : +249 11 771651/ 779977

· Minister of Justice and Attorney General, Mr Ali Mohamed Osman
Yassin, Ministry of Justice, Khartoum, Sudan, Fax: +249 11
771479/774842/774906

· Minister of Foreign Affairs, Mr Mustafa Osman Ismail, Ministry of
Foreign Affairs, PO Box 873, Khartoum, Sudan, Fax :+249 11 779383

· Advisory Council for Human Rights, Dr Yasir Sid Ahmed, PO Box 302,
Khartoum, Sudan, Fax: +249 11 779173/770883

· Minister of Internal Affairs, Major General Abdul-Rahim Muhammed
Hussein, Ministry of Interior, PO Box 281, Khartoum, Sudan, Fax: +249
11 774339/776554/777900/773046/770186

· Minister of Federal Government, Dr Nafie Ali Nafie, Office of the
Presidents People's Palace, PO Box 281, Khartoum, Sudan, Fax : +24911
771651/783223

· His Excellency Ambassador Mr. Ibrahim Mirghani Ibrahim, Permanent
Mission of the Republic of Sudan to the United Nations in Geneva, PO
Box 335, 1211 Geneva, Switzerland, Fax: +4122 731 26 56, E-mail:
[email protected]; [email protected].

Please also write to the embassies of Sudan in your respective
country.

Geneva, October 23rd, 2003

Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.
Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : [email protected]
http://www.omct.org