URGENT ACTION APPEAL
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3 August 2004
UA 237/04 Death penalty / Fear of imminent execution
CHAD
Adelin Abdel Ali (m)
Mahamat Zele Abdel Ali (m)
Abdel Ali Matman (m)
Djamal Alhabo (m)
Mado Ahmat (m)
Ousmane Belil (m)
Ammadis Khamis (m)
Assanin Albeshir (m)
Alfadil Ali (m)
Alhabo Brahim (m)
Azele Saleh (m)
Fadoul Albachar (m)
Ahmat Izzo (m)
Mahamat Arabi (m)
Izzo Adelil (m)
Alfadil Abdulkarim (m)
Soumain Khamis (m)
Koursi Youssouf (m)
Ammour Idriss Fadoul (m) - all herders
The 19 men named above were sentenced to death on 30 July
2004 following their conviction by the criminal court in the
capital, N'Djam'na, of the murder, or complicity in the murder,
of 21 peasant farmers who were killed in Ma'bogo, southern
Chad, in March 2004, as well as the wounding of 10 other
peasant farmers and the theft of livestock. Amnesty International
is concerned that the men could be executed imminently.
Adelin Abdel Ali was reportedly identified by the prosecution as
the leader of the group which carried out the murders, which
followed a conflict between local peasant farmers and herders.
Five other men were acquitted.
Nine men were executed in November 2003, in the first judicial
executions in Chad in 12 years. Four of the men had been
sentenced to death the month before, after an unfair trial in
which evidence reportedly extracted under torture was accepted
in court. When they were executed, the men had not even
exhausted the limited appeals procedure open to them.
The 19 death sentences imposed on 30 July are the first since the
November 2003 executions.
The Chadian legal system does not respect the right to a full
appeal against either conviction or sentence, in capital cases, in
contravention of international law. The only recourse open to
those sentenced to death is to submit a cassation plea on grounds
of gross errors of fact or law to the cassation chamber of the
Supreme Court. If successful, the case is sent back for retrial. If
unsuccessful, the convicted prisoner may appeal for presidential
clemency. The 19 men's lawyers have submitted a cassation plea
to the Supreme Court.
BACKGROUND INFORMATION
Article 14 of the International Covenant on Civil and Political
Rights, which Chad has ratified and is therefore bound by, states
that ''Everyone convicted of a crime shall have the right to his
conviction and sentence being reviewed by a higher tribunal
according to law.''
Amnesty International opposes the death penalty in all countries
and in all circumstances, because it is a state-sanctioned
violation of the right to life and the right not to be subjected to
cruel, inhuman or degrading punishment. It is of special concern
to the organization when the right to a full appeal, a fundamental
component of a fair trial, is not guaranteed.
RECOMMENDED ACTION: Please send appeals to arrive
as quickly as possible:
- condemning the murder of 21 peasant farmers, wounding of 10
others, as well as the theft of livestock which took place in
Ma'bogo in March 2004;
- expressing concern that the 19 men (giving names) sentenced
to death on 30 July 2004 in N'Djam'na, after being convicted of
these crimes, may be at risk of imminent execution;
- expressing concern that Chadian law does not fully guarantee
the right to appeal, and that this is a violation of international
law;
- calling on the Chadian authorities to ensure that all trials
conform to international standards of fairness as required by
international human rights treaties to which Chad is party,
including the International Covenant on Civil and Political
Rights;
- calling on President Idriss D'by to commute the death
sentences to a humane punishment if and when the cases come
before him.
APPEALS TO (please note it can be very difficult to get
faxes through):
President of the Republic:
Son Excellence G'n'ral Idriss D'by
Pr'sident de la R'publique
Pr'sidence de la R'publique
BP 74
N'Djam'na, Chad
Fax: 011 235 51 45 01/ 52 44 73
Salutation: Monsieur le Pr'sident/Your Excellency
Minister of Justice:
Monsieur Pahime Kalzeube
Ministre de la Justice et Garde des Sceaux
Minist?re de la Justice
N'Djam'na, Chad
Fax: 011 235 51 60 94 (via Ministry of Communication
and government spokesperson)
Salutation: Monsieur le Ministre / Dear Minister
Minister of State for Foreign Affairs and African Integration:
Monsieur Nagou Yamassoum
Ministre d'Etat des Affaires 'trang?res et l'Int'gration africaine
Minist?re des Affaires Etrang?res
N'Djam'na, Chad
Fax: 011 235 51 91 22
Salutation: Monsieur le Ministre / Dear Minister
COPIES TO:
Newspapers
Notre Temps
Email: ntemps.pre...@intnet.td
N'Djam'na Hebdo
Email: n...@intnet.td
Le Progr?s
Email: prog...@intnet.td
L'Observateur
Email: observer.pre...@intnet.td.
Ambassador Hassaballah Ahmat Soubiane
Embassy of the Republic of Chad
2002 R St. NW
Washington DC 20009
Fax: 1 202 265 1937
Please send appeals immediately. Check with the Colorado
office between 9:00 am and 6:00 pm, Mountain Time,
weekdays only, if sending appeals after September 13, 2004.
Amnesty International is a worldwide grassroots
movement that promotes and defends human
rights.
This Urgent Action may be reposted if kept
intact, including contact information and stop
action date (if applicable). Thank you for your
help with this appeal.
Urgent Action Network
Amnesty International USA
PO Box 1270
Nederland CO 80466-1270
Email: u...@aiusa.org
http://www.amnestyusa.org/urgent/
Phone: 303 258 1170
Fax: 303 258 7881
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END OF URGENT ACTION APPEAL
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Amnesty International's mission is to undertake research and
action focused on preventing and ending grave abuses of the
rights to physical and mental integrity, freedom of conscience and
expression, and freedom from discrimination, within the context of
its work to promote all human rights.
