S V T G
Sudanese Victims of Torture Group

PRESS RELEASE: 3 January 2002

AMPUTATIONS RESUMED

SVTG has received confirmed information that 4 men have been sentenced to amputation of the right hand.

On 12 December 2001, the Criminal Court in Nyala City, Darfur, sentenced Abdu Ismail Tong, 31, a student from Guinea and Yousif Yaow Mombai, 31, from Zaire, to amputation of the right hand after being convicted under Article 171 of 1991 Penal Code of “hidoud theft (alsargha alhadiyha). Both men are Christian.

The men were sentenced to the amputation according to Article 171 of the penal code, which states that whoever commits “hidyha” theft (alsargha alhadiyha), may be sentenced with amputation, if the value of the stolen items is equal to or more than the value of 4.25 grams of gold.

On 25 December 2001, the Special Court in Alfahir City, sentenced Mohamed Adam Yahya and Ahmed Sulieman Mohamed to execution by hanging, in addition to amputation of the right hand after being convicted of armed robbery.

The sentences were passed in accordance with the Sudan’s 1991 Penal Code, which is based upon the government’s interpretation of Shari’a (Islamic law), and which includes penalties such as limb amputation, death and death followed by crucifixion.

Abdu Ismail Tong and Yousif Yaow Mombai, were tried before the Special Court in Nyala while Mohamed Adam Yahya and Ahmed Sulieman Mohamed were tried before the Special Court in Alfahir City. It is believed that the four men did not receive a fair trial. According to their lawyers, there was insufficient evidence to convict them, and the usual judicial procedures were not properly followed. Their lawyers have submitted an appeal.

The Special Courts were established in accordance with the State of Emergency Act 1998, The Courts’ responsibilities include crimes of armed robbery, crimes against the state, crimes relating to drugs, armed robbery, public nuisance and it operates with two military judges and one civil judge.

In January 2001, five people, also form Darfur underwent cross amputation , ie amputation of right hand and left leg which is the sentence for armed robbery, according to a Article 174 of the Penal Code. Nineteen other men, sentenced to the same punishment eventually had the sentence suspended after a successful campaign by international human rights organisations.

SVTG would like to emphasis its concern that the Government of Sudan has once again resumed the punishment of amputation. This punishment is against the Government of Sudan’s international obligations, with regard to article 5 of The Universal Declaration of Human Rights and article 7 of The International Covenant on Civil and Political Rights.

Article five of The Universal Declaration of Human Rights states:
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 7 of The International Covenant on Civil and Political Rights states ‘No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular no one shall be subjected without his free consent to medical or scientific experimentation’.

The use of amputation as a punishment is also prohibited under The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which has also been signed by Sudan.

SVTG calls upon the Government of Sudan to:

i. Immediately stop the inhuman practise of amputation and observe its obligations under the International Covenant on Civil and Political Rights.
ii. Abolish the use of amputation as a method of punishment, which is enacted within the Sudanese Criminal Act 1991.
iii. Ensure the physical and psychological integrity of all prisoners in Sudan.
iv. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with national laws and international human rights standards, particularly the Convention Against Torture, which has been ratified by Sudan.

Addresses:
His Excellency Lieutenant General Omar Hassan al-Bashir, President of the Republic of Sudan, People’s Palace, PO Box 281, Khartoum, Sudan, Telex: 22385 PEPLC SD or 22411 KAID SD- Fax: +249 11 771 7 24

Mr Ali Osman Yasin, Minister of Justice and Attorney General, Ministry of Justice, Khartoum, Sudan. Telex:22459 KHRJA SD or 22461 KHRJA SD (via Ministry of Foreign Affairs) – Fax: +249 11 7740 63

Mr Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, Telex: 22459 KHRJA SD or 22461 KHRJA SD – Fax: 249 11 7740 63

SVTG is an independent non-governmental human rights organisation, for further details on this press release or any other information please contact;
The Sudanese Victims of Torture Group
Park Business Centre
Kilburn Park Rd
London NW6 5LF
UK
Tel: +44 20 76258055
Email: [email protected]