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RIGHTS-SUDAN: New Trials Could Condemn more to Death
By Blake Evans-Pritchard
KHARTOUM, Oct 30 , 2008 (IPS) - The number of people sentenced to death for their alleged role in the rebel attacks on Khartoum last May could rise if the government carries through its plans to set up more special anti-terrorism courts, according to human rights lawyers.
So far, 50 people have been condemned to death for laying siege to the nation’s capital on May 10. The attack was led by one of Darfur’s most prominent rebel groups, the Justice and Equity Movement (JEM).
Twenty more alleged rebels also faced death penalty trials in the next weeks "if the government is allowed to establish more anti-terrorism courts", Kamel Jazouri, a lawyer on the defence team, told IPS.
The special courts were set up for these trials for the first time under the country’s Anti-Terrorism Law. This was adopted after the September 11, 2001 attacks on the U.S.
Washington, apprehensive about emerging extremism in the Middle East, pressed Sudan to pass the legislation which was already being discussed at the time.
"These courts have no legitimacy," Jazouri said.
He had appealed to the country's Constitutional Court, contesting their legitimacy, but this was rejected.
"The judge ruled that the judiciary should not be an isolated island from what is happening in the country."
Jazouri claimed that the anti-terrorism courts were not impartial and did not keep to "practices set out in existing criminal law". Each court had its own set of rules and judges took directions from the chief justice and minister of justice.
The courts denied the accused certain basic rights, and restricted legal access to defence lawyers.
Jazouri said he was only allowed to see his client Abdul Aziz, the head of JEM’s political bureau and brother of its leader, just before the court session was due to start.
"I pressed for an adjournment, but this was not immediately given so I had no choice but to walk out of the court and go to the press. It was scandalous."
Evidence presented to the courts was insufficient to secure convictions.
Abdul Moneim Osman, rapporteur for the government’s Advisory Council for Human Rights, rejected Jazouri’s criticisms, defending the use of the courts.
"JEM's attack on Khartoum constituted an act of war, and we could have gone to the military tribunals. But military tribunals are not open to all - even lawyers have restricted access. By sticking to these civil and specialised courts, the government is being fair to everybody."
The prosecution had presented "plenty of hard evidence" to secure convictions, he said, adding: "We are not just relying on confessions alone."
He acknowledged that "some" defence lawyers had not been able to meet their clients before the court sessions.
"But once this matter was raised with the courts, the judge proposed adjourning the session for 48 hours to give everyone enough time."
Ali al-Sadiq, a foreign ministry spokesman, told IPS that the government was now compiling evidence against the JEM and would present it to the international community for it to be listed as a "terrorist organisation".
Sudan would then be seeking the extradition of JEM leaders living abroad.
Lawyers for the 50 Darfuris sentenced to death have filed appeals.
Only if the special courts reject these, will President Omar Hassan al-Bashir, sign the death warrants. The anti-terrorism law does not allow for a further appeal to country's Supreme Court, something that would be permitted under normal criminal procedures. This has provoked widespread condemnation by human rights lawyers and NGOs.
In the past days, the Sudanese media has speculated that Bashir might be considering pardoning some or all of the convicted rebels.
Sadiq refused to comment on whether a presidential pardon was imminent, saying that no decision had been taken.
Local journalists have suggested that a presidential pardon may be one way for the government to deflect some of the international condemnation it has been receiving since Luis Moreno-Ocampo, chief prosecutor of the International Criminal Court (ICC), said he would seek the indictment of Bashir.
In July, the prosecutor filed ten charges against Bashir, three counts of genocide, five crimes against humanity and two of murder.
Since 2005, the U.N. estimates that between 200,000 and 300,000 have died and 2.5 million displaced as a result of the conflict in Darfur, Sudan’s western region.
Amnesty International estimates that at least seven people were executed in Sudan last year and 23 people condemned to death.
(END)
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