African Centre for Justice and Peace Studies ACJPS | المركز الافريقي لدراسات العدالة و السلام
(24 May 2013) On 6 May Judge Sif Eldien Abdulrhman Ishag of the Special Criminal Court on the Events in Darfur (SCCED) in Al – Daien, East Darfur sentenced three men to death after a trial that began on 1 May and lasted four court sessions. If implemented, the execution will be carried out by hanging, after which their bodies will be crucified and publicly displayed. Under Sudanese law, the defendants have the right to two appeals before the SCCED. The three men were convicted of the murder of Ahmed Salim, (m), a prominent community leader and mayor of the Al – Maalia, an Arab ethnic group in East Darfur, on 27 April 2013. Ahmed had been travelling from Al – Daien to his residence in nearby Um Matarig when he was shot and killed. Ibrahim, Edriss, and Al – Sidig were apprehended by a local voluntary defence force in Al – Daien called Al Fazaa.
During the trial, the court listened to the testimonies of thirteen witnesses in the first three sessions. The last session was reserved for the three men’s defence lawyers to submit their arguments before the judge.
The three men were convicted and sentenced under articles 26 (assisting), 130 (murder), 162 (kidnapping), 167 (armed robbery) and 175 (robbery) of the 1991 Sudanese Penal Code, and article 26 (possession of a weapon without a license) of the Weapons and Ammunition Act 1986. Armed robbery (hiraba) is classified as a hudud crime, meaning a crime which carries a fixed penalty, under the Islamic law (Sharia) provisions of the 1991 Sudanese Penal Code (SPC). Article 168 of the SPC prescribes capital punishment for armed robbery, or capital punishment followed by crucifixion, if the act results in murder.
The names of the three men sentenced to death are below.
- Ibrahim Abidein, (m), 30 years of age, member of the Reizegat tribe from East Darfur state.
- Edriss Khubub, (m), 28 years of age, member of the Reizegat tribe from East Darfur state.
- Al-Sidig Mohamed, (m), 29 years of age, member of the Reizegat tribe from East Darfur state.
The African Centre for Justice and Peace Studies (ACJPS) condemns the use of the death penalty in all cases and calls on the Government of Sudan (GoS) to observe the global trend towards its abolition. In December 2012, 23 African states voted in favour of UN General Assembly resolution 67/176 which called for a moratorium on the death penalty.
In its Concluding Observations and Recommendations on the 4th and 5th Periodic Report of the Republic of Sudan adopted in 2012, the African Commission on Human and Peoples’ Rights (ACHPR) called on Sudan to “observe the moratorium on the death penalty and take measures for its total abolition”.
ACJPS calls on the Government of Sudan to:
- Commute the death sentences, and cease the use of capital and other forms of corporal punishment, bringing Sudanese laws in line with Sudan’s international law commitments to prohibit torture and cruel, inhumane, and degrading punishment.
- Uphold the right of the accused to receive a fair trial before an independent and impartial court, and guarantee adequate legal representation.
Background
The SCCED was established on 7 June 2005, one day after the Prosecutor of the International Criminal Court (ICC) announced a decision to open an investigation into the events in Darfur. Sudanese authorities have refused to cooperate with the ICC on grounds that the domestic courts are capable and willing of prosecuting mass atrocities committed in Darfur. Since its inception, the SCCED has mainly tried ordinary crimes and not atrocities related to the Darfur conflict.
ACJPS is concerned that the decision to try the present case at the SCCED rather than before an ordinary criminal court may have been politically motivated, as the case is not believed to be connected to the Darfur conflict. After the sentencing of the three men, the General Prosecutor of the SCCED, Yasir Ahmed Mohamed, reportedly stated that the court would continue to try similar crimes. Sudanese authorities are keen to demonstrate that the SCCED is operational and capable of handling serious criminal prosecutions, in response to criticism that the SCCED has failed to prosecute perpetrators of serious atrocities committed in the context of the Darfur conflict.
The UN Independent Expert on Sudan, Mashood Adebayo Baderin, noted in February 2013 that ‘Darfur conflict related crimes are currently being tried in the ordinary courts and human rights officers have been denied access to these trials’. He also urged Sudanese authorities to allow unhindered access for national and international observers to on-going trials before the SCCED.
ACJPS is further concerned that there may have been an increase in the use of hudud sentencing over the past year, and has documented several cases of individuals being sentenced to cross-amputation and stoning. There is concern that increased use of hudud sentencing points to a shift towards a more Islamist interpretation of the 1991 Sudanese Penal Code and content of Sudan’s future constitution. The Sudanese authorities are currently preparing a draft for a new permanent constitution for Sudan, following the secession of South Sudan in July 2011. President Omar al-Bashir has repeatedly declared that the new constitution will be based strictly on Sharia.
Amnesty International reported that in 2012, there were at least 19 executions and 199 death sentences handed down in Sudan. Under article 39 of the Sudanese 2010 Organisation of Prisons law, individuals may be executed 24 hours after being informed by prison authorities that their appeal rights have been exhausted. There are no guidelines regulating the duration or location for the display of the crucified bodies following execution, although they are typically displayed at the site of the execution. Islamic scholars continue to debate the use of crucifixion under Sharia.
Contact: Osman Hummaida, Executive Director, African Centre for Justice and Peace Studies (ACJPS)
Phone: +44 7956 095738
E-mail: osman@acjps.org
This post is also available in: Arabic
