[Deathpenalty] death penalty news------worldwide

[Rick Halperin]

URGENT ACTION APPEAL

12 November 2007
UA 302/07         Death Penalty
SUDAN

Al-Tayeb Abdel Aziz (m), aged 16
Ishaq Mohammed Sanousi (m), aged 71
Abdel Hay Omar (m)
Mustafa Adam (m)
Mohammed Birgid (m)
Hassan Adam Fadel (m)
Adam Ibrahim (m)
Jamaleddin Isa (m)
Abdel Magid Ali Abdel Magid (m)
Sabir Hassan (m)

On 10 November, the Khartoum Criminal Court sentenced
10 people to death for the murder of journalist
Mohammed Taha. One of those facing execution is 16
years old. All defendants in the case had allegedly
been tortured to give confessions, which were used in
court as evidence against them.

The 10, including Al-Tayeb Abdel Aziz who was then
aged 15, were arrested during a murder investigation
into the killing of Mohammed Taha, the editor of the
newspaper al-Wifaq, who was found beheaded on 6
September 2006. During their investigation into this
case the police focused on the Darfuri community
living in Khartoum, and rounded up some 72 people,
including women and their children, originating from
the Darfur region.

Reports suggest that nearly all of those arrested were
beaten and otherwise tortured to obtain confessions,
by police and also by the National Intelligence and
Security Services. After up to five months in
detention most of the 72 detainees were released. A
total of 19 defendants were brought to trial. All
defendants retracted their confessions in court,
saying that they were extracted under torture. Defense
lawyers asked for medical examinations into their
torture, but these were refused, even though many of
those detained reportedly carried marks of torture on
their bodies. In August 2007, nine of the detained
were acquitted after the judge said that the evidence
against them rested solely on confessions made under
duress.

All the 10 who have been sentenced to death have
reportedly stated that they were tortured. One member
of the group, Hassan Adam Fadel, said that he was
beaten all over his body, tied up and left outside in
the sun for hours. The security forces allegedly used
threats against wives, mothers and children, some of
whom were detained, to put pressure on the detainees
to confess: one detainee reportedly stated that his
mother was shown to him naked. Amnesty International
is concerned that the use of torture to extract
confessions is built into the Sudanese system of
justice by Article 10(i) of the Law of Evidence of
1993 which states that "evidence is not dismissed
solely because it has been obtained through an
improper procedure, if the court is satisfied that it
is independent and admissible."

Amnesty International opposes the death penalty
unconditionally in all situations as a violation of
the right to life and the ultimate cruel, inhuman or
degrading punishment. The use of the death penalty
against child offenders, people who were under 18 at
the time of the crime, is prohibited under
international law. The International Covenant on Civil
and Political Rights (ICCPR) and the Convention on the
Rights of the Child (CRC), both have provisions
exempting this age group from execution. Sudan has a
responsibility to adhere to these international laws.

BACKGROUND INFORMATION

Mohammed Taha was an outspoken newspaper editor who
had also angered Islamists after writing an article
discussing the ancestry of the Prophet Mohammed, after
which he was arrested by the security services. He was
also said to have written articles attacking Darfuris.

RECOMMENDED ACTION: Please send appeals to arrive as
quickly as possible:

- expressing shock at the decision of the Khartoum
Criminal Court to impose the death penalty on 10
people, and at the fact that these sentences were
imposed largely on the basis of confessions obtained
under duress;

- calling for allegations of torture to be
investigated, and any security official who is found
to have used torture to be brought to justice;

-  calling on the authorities to abide by their
obligations under the International Covenant on Civil
and Political Rights and the Convention on the Rights
of the Child, Article 37 of which states that "No
child shall be subjected to torture or other cruel,
inhuman or degrading treatment or punishment. Neither
capital punishment nor life imprisonment without
possibility of release shall be imposed for offences
committed by persons below eighteen years of age"

- emphasizing that the authorities have a right and a
duty to try those accused of violent crimes but that
defendants must be given fair trials;

- stating your opposition to the death penalty which
is the ultimate cruel inhuman and degrading punishment
and is a violation of the right to life.

APPEALS TO:

Prof. Al-Zubair Bashir Taha
Minister of Internal Affairs
Ministry of Interior,
PO Box 281,
Khartoum, Sudan
Fax: 011 249 183 776554 (Please mark, "FAO Minister of
Internal Affairs")
Salutation: Dear Minister

Mr Ali Mohammed Ali al-Mardi
Minister of Justice
Ministry of Justice
PO Box 302
Khartoum
Fax: 011 249 183 770883
Salutation: Dear Minister

COPIES TO:

Dr Abdel Moneim Osman Taha
Rapporteur,
Advisory Council for Human Rights,
Khartoum, Sudan
Email: human_rights_sudan at hotmail.com

Ambassador John Ukec Lueth Ukec
Embassy of the Republic of the Sudan
2210 Massachusetts Ave. NW
Washington DC 20008
Fax: 1 202 667 2406
E-mail: info at sudanembassy.org

PLEASE SEND APPEALS IMMEDIATELY. Check with the AIUSA
Urgent Action office if sending appeals after 24
December 2007.

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
600 Pennsylvania Ave SE 5th fl
Washington DC 20003
Email: uan at aiusa.org
http://www.amnestyusa.org/urgent/
Phone: 202.544.0200
Fax: 202.675.8566

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END OF URGENT ACTION APPEAL
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