. They were charged with crimes relating to murder, armed
robbery and public disturbance. They are convicted of having participated in
the recent clashes between the Rizeigat and the Maalyia ethnic groups in
Al-Tabet, Southern Darfur, that killed at least 10 people. There are
allegations that the Maalyia could now be supported by the Sudanese
government as a proxy militia in the civil war in southern Sudan These.

They were tried in “special” courts set up in Darfour as part of the 1998
State Emergency Act. These couts fall far short of International standards
of justice and fair trial and are not obliged to try cases according to
Sudan`s Criminal Procedures Act of 1993. During the trial the defendants did
not receive proper legal representation and some were reportedly tortured
before trial. At least 35 of the detainees complained of being badly beaten
with sticks, gun butts and hoses by police officers in Nyala in June. Some
reportedly had their fingers and forearms broken. Their defence lawyers
asked the court for medical examinations to be carried out on those who were
allegedly tortured. This request was refused and on 2 July the defence
lawyers withdrew from the court in protest at this decision and the court’s
refusal to let them question prosecution witnesses.

An appeal presented by the defendants’ lawyer was rejected on 11 August by
the Chief Justice of Darfur. The lawyer representing those accused is now
planning to appeal to the High Court in El Obeid. The submission must be
made within 15 days of the initial appeal being rejected.

BACKGROUND INFORMATION
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. Amnesty International regards these as
cruel, inhuman or degrading punishments. They are inconsistent with
international human rights law and Sudan’s obligations under the
International Covenant on Civil and Political Rights (ICCPR), which Sudan
has ratified, and the United Nations Convention against Torture and other
Cruel, Inhuman or Degrading Treatment or Punishment (CAT), which Sudan has
signed. Amnesty International is unconditionally opposed to the death
penalty and other forms of cruel, inhuman or degrading treatment or
punishment, and campaigns for these to be removed from all penal codes
without exception. The organization takes no position on the ideological or
religious basis of any penal code.

Darfur has been the scene of complex strife between ethnic groups, and
frequent armed robberies by bandits, for many years. The region is prone to
a proliferation of small arms, often aided by the government’s strategy to
arm and support local ethnic groups as auxiliary forces to fight in its 19
years-old war against the main armed opposition Southern People’s Liberation
Army. The government has extended and intensified the State of Emergency,
announced in December 1999 in Khartoum and renewed every year since, to
Northern and Southern Darfur provinces. Emergency or Special Courts were
established in May 2001 in both provinces to deal with offences such as
armed robbery, murder and possession and smuggling of weapons. These courts
are headed by two military judges and one civil judge and do not allow legal
representation for the accused. People convicted by these courts may appeal
within seven days to the District Chief Justice in Darfur.


Please send appeals to arrive as quickly as possible,in English or your own
language to:

His Excellency Lieutenant General Omar Hassan al-Bashir
President of the Republic of Sudan
President’s Palace
PO Box 281, Khartoum, Sudan

Fax: + 24911 771651/ 787676 / 783223

Telegrams: President al-Bashir, Khartoum, Sudan

Salutation: Your Excellency


A suggested letter/fax is set out below. You can simply cut and paste this
into your own document or use this as a basis for your own letter. Thank
you for your help.


Your Excellency,

I am deeply concerned over the fate of 88 people including two children aged
14 who were condemned to death in special courts in Nyala on the 17th of
July for allegedly taking part in ethnic clashes in Southern Darfour. I urge
you to commute these sentences immediately. The special courts set up in
Darfour under which they were tried fall far short of internationally
accepted legal standards of fair trial set out in Article 14 of the
International Covenant On Civil and Political Rights (ICCPR).

I am also very shocked to learn that the Sudanese government has sentenced
two 14 year old children to death given the fact that it has ratified the
ICCPR. Article 6 of the ICCPR state that

5. Sentence of death shall not be imposed for crimes committed by persons
below the age of eighteen years of age (.......).

I would urge you to ensure that all defendants be given a retrial that
conforms with international legal standards and that allegations of torture
against the detainees be investigated and that the findings be made public.
I also would urge you to ensure that all necessary measures be taken to
ensure that the two children receive special treatment in accordance with
their status as children as set out in the ICCPR and the UN Convention on
the Rights of the Child.

Finally I would urge the Sudan government to revoke the use of special
courts in Darfour and ensure that international standards of justice are
upheld.

Yours Sincerely,