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

[Rick Halperin]

April 6


SUDAN:

Torture Claims Cast Doubt on Capital Convictions


The lives of 10 Darfuris convicted of killing a prominent Sudanese
journalist in 2006 hang in the balance as lawyers struggle to prove that
their confessions were extracted under torture, and should therefore be
dismissed. The case has thrown the spotlight on court proceedings here and
prompted concern that other capital sentences might be unsafe.

The 10 men were sentenced in November 2007 for beheading Mohammad Taha,
the well-known editor of the daily 'al-Wifaq' newspaper. Taha was accused
of blasphemy in May 2005 for publishing an article questioning the origins
of Prophet Mohammad. These charges were later dropped, although angry
crowds called for the death penalty.

All the men immediately appealed their sentence, but on Mar. 8 the appeal
was rejected. Their only recourse now is through the constitutional court.

The difficulty with allegations of torture is overcoming the hurdles set
in the way of presenting a credible case.

To begin with, it is imperative that victims of torture are examined as
early as possible in the proceedings.

"Too often, prisons and courts delay medical examinations so that torture
cannot be proven," a medical doctor who works for a human rights
organisation told IPS. "Signs of torture disappear very quickly, and the
perpetrators usually avoid leaving big scars."

In addition, for a medical examination to be admissible in court it must
be carried out by persons from a government hospital appointed by the
judge in the case. Examinations carried out by the staff of human rights
organisations or independent hospitals are not acceptable.

Concerning the Taha case, the judge ruled that a medical examination could
be carried out after the initial hearing had taken place. However, the
legal team of the Darfuris never lodged an official application for the
examination.

"We need better training for solicitors in Sudan," observed Sadiq Absul
Salam, a psychologist who works at the Khartoum Centre for Human Rights.

"They need to know how they can deal with torture cases and how they can
bring this evidence to the courts," he told IPS.

Kamel Omar, the lead defence attorney, has repeatedly insisted that the
confessions are unsafe because they were obtained through torture. Omar
was arrested and detained overnight for making these allegations, and has
refused to speak to IPS about the case.

However, his claims have been echoed by Mohammed Sherif, who worked on the
case last year before resigning from the legal team.

"I think it is quite evident that torture did take place and that any sign
of torture must throw into doubt the admissibility of the confessions," he
told IPS.

There is some debate about whether torture is an endemic part of the
Sudanese legal system, or whether the cases that have come to light simply
represent isolated incidents.

Many human rights lawyers in the country claim torture is a serious
problem in Sudan, although due to client confidentiality issues they are
often unable to provide concrete examples to substantiate these
allegations. The Sudan Organisation Against Torture, a London-based
campaign group, also asserts that those who carry out torture in Sudan
generally escape justice because they are part of the law-enforcement
establishment.

However, Abdul Moneim Osman -- rapporteur at the Advisory Council for
Human Rights, a governmental body -- rejected the notion of
institutionalised torture.

"Sudan is one of the countries with the lowest number of torture cases,"
he told IPS. "The only reason that human rights lawyers in Sudan talk
about torture so much is for their own political ends and to garner
international sympathy."

He insisted that the trial of Taha's killers was carried out fairly and
that the claims of torture are unfounded. The convictions, he added, do
not only rest on the confessions of the defendants, but also on hard
evidence -- although he was unable to produce this immediately.

Osman has just presented a report to the government calling on Sudan to
sign up to the United Nations Convention Against Torture. But human rights
lawyers and organisations say authorities should spend less time talking
and more time taking action against alleged torturers.

"We must take steps to bring all those involved in torture to justice,"
said a lawyer who declined to be named. "Until we root out all forms of
torture in the country, we cannot be certain that the sentences handed
down are the correct ones."

Those convicted for the Taha killing are being held at Kobar prison in
Sudan's capital, Khartoum. Five other inmates of this institution, all
farmers, were executed in February for the killing of another farmer in
2004.

In 2005, Human Rights Watch estimated that there were some 300 on death
row in Sudan. According to a recent Amnesty International report, Sudan is
the African nation that carries out the most executions each year, with
more than 65 people having been put to death in 2006.

(source: IPS)