Sudanese man at risk of court-ordered right-hand amputation for theft in Omdurman

(3 March, 2023) A Sudanese man is at risk of a court-ordered right-hand amputation in Omdurman for theft.  On 28 February 2023, the South Omdurman Criminal Court presided by Judge Marwan Suleiman Mahjoob sentenced Mr. Hassan (Pseudo name) aged 29 to amputation of the right hand and imprisonment for two years. Mr. Hassan was accused of stealing 56 grams of gold and electronics including a television in Omdurman, Abu Seaid locality, Alfetihab neighborhood in Khartoum. He was charged with theft under Article 174 of the Sudanese Penal Code, 1991. The case was forwarded to court for trial vide case No. 4873 /2022 and he was found guilty. The court also ordered Mr. Hassan to pay the gold which is valued at 245,000 Sudanese Pounds (an equivalent of 3,930 US Dollars) and the electronics which was also valued by the court. This is to be recovered using a civil process. The case file has been forwarded to the High Court to confirm the sentence and Mr. Hassan has been remanded to Kober prison of Khartoum Bahari pending confirmation of the sentence.

The second accused on the other hand was charged with criminal misappropriation under Article 180 of the Sudanese Penal Code, 1991 and upon conviction he was sentenced to one month imprisonment from 26 February 2023.

It is however notable that the trial process and the resultant sentence is illegal and unlawful because; the criminal court assumed power and acted beyond its jurisdiction as a first-grade court. The power to try such offence lies with the general court. Additionally, ACJPS was reliably informed that the typed copy of the sentence consisted of contradictions as it indicated that Mr. Hassan was charged with theft under Article 174 but convicted of capital theft under Article 170 of the Sudanese Penal Code, 1991. These are two different crimes with different ingredients and penalties. The court relied on the confession obtained unlawfully through torture as the only evidence against him during trial.

Amputation and other forms of corporal punishment in Sudan breach the absolute prohibition of torture and cruel, inhuman or degrading punishment or treatment that Sudan has committed to as a State party to the United Nations Convention Against Torture, African Charter on Human and Peoples’ Rights (African Charter) and the International Covenant on Civil and Political Rights (ICCPR). Sudan’s own Constitutional Charter for the transitionary period prohibits torture and commits to securing the rights and freedoms set out in international treaties to which Sudan is a party.

ACJPS condemns the amputation sentence against Mr. Hassan and calls on Sudanese authorities to overturn it and order a fresh free trial.  We urge the Sudanese Judiciary and other law enforcement agencies to impose a moratorium on the handing down and implementation of punishments amounting to state sanctioned torture. ACJPS urges that alternative punishment such as imprisonment be considered. We further urge authorities to bring Sudanese laws in line with Sudan’s international law commitments to prohibit torture and cruel, inhuman or degrading treatment or punishment.

Background

Sudan is party to several regional and international treaties that prohibit torture, cruel, inhuman, and degrading treatment such as the UNCAT, ICCPR and the African Charter on Human and Peoples Rights. In 2021, the Sudanese people were optimistic when Sudan ratified the UNCAT and confirmed its commitment against torture and all forms of cruel, inhuman and degrading treatment. Unfortunately, the commitments and pledges only remained on paper as corporal punishment remains widely used as a disciplinary measure. ACJPS reported several cases where corporal punishment was imposed, the most recent is a case where three men were sentenced to hand amputation for theft and a 20-year-old woman sentenced to death by stoning.