Press Release/Commentary by SVTG posted on February 26, 2002 at 11:10:16: EST (-5 GMT)

AMPUTATIONS RESUMED IN KOBER PRISON

Sudanese Victims of Torture Group - S V T G
PRESS RELEASE: 25 February 2002

SVTG has been informed that on 24 January 2002, a sentence of amputation of the right hand was executed on Anthony James Ladou Wani, a 46 year old Christian belonging to the KaKwa tribe from Southern Sudan.

Anthony was accused of stealing spare car parts and was convicted of theft (alsargha alhadiyha) under Article 171 of the 1991 Penal Code, which enshrines the Government of Sudan’s interpretation of Shari’a Law. Article 171 of the penal code states that whoever commits theft (alsargha alhadiyha), may be sentenced with amputation of the right hand if the value of the stolen items is equal to or more than the value of 4.25 grams of gold (equivalent to £204 pounds sterling).

Anthony was sentenced to amputation of the right hand from the wrist on 4 May 2000 and has been detained in Kober prison in Khartoum since that date.

Another man, Khalid Mohammed Abdulrahman was accused of theft together with Anthony, but was found not guilty and freed.

Anthony had no legal representation at his initial trial, as he was unable to pay for it himself. It has been alleged that he did not receive a fair trial, that there was not enough evidence to convict him and that the usual judicial procedures were not followed properly. An appeal has been rejected by the highest court with jurisdiction on this matter.

At the beginning of 2000, 19 men in Kober prison were under sentence of amputation, but after campaigning by international human rights organizations and pressure on the Government of Sudan, the sentences were commuted.

SVTG condemns this action, and is gravely concerned that the Government of Sudan is beginning systematically to execute sentences of amputation given in 2000 and 2001.

Sudan’s penal code, which is based upon the government’s interpretation of Shari’a (Islamic law), includes penalties such as limb amputation, death and death followed by crucifixion. The sentence for armed robbery is cross amputation, under the Criminal Act of 1991.

SVTG regards these as cruel, inhuman or degrading punishments and therefore inconsistent with international human rights law and Sudan’s obligations, in particular under the International Covenant on Civil and Political Rights (ICCPR) and the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment both of which Sudan has ratified.

Article 5 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

SVTG urges 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. Commute all sentences of amputation

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 access to legal representation and guarantee a right of appeal for all individuals.

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