Amnesty : Sudanese boy faces double amputation after ‘unfair’ robbery trial

By Katherine Butler, The Independent (UK)

LONDON, Nov. 03, 2003 — A Sudanese boy of 16 is to have his right hand and left foot amputated by a court order that human rights campaigners have denounced as barbaric.

Launching an urgent appeal on behalf of Mohamed Hassan Hamdan, Amnesty International said yesterday that the penalty, known as “cross amputation” is tantamount to torture. Judicial amputations, floggings and even sentences of death by stoning are not unheard of in Sudan, whose penal code is partly based on Sharia (Islamic law).

But even by the standards of Sudan’s special courts, which have been criticised for drastic penalties, this case stands out because of the age of the defendant. The youth was arrested in August along with five adults on suspicion of involvement in an armed attack in Darfur, in the west of the country. They were charged with armed robbery. All six pleaded not guilty, but only Hamdan was convicted.

Amnesty said the trial was conducted in an emergency court, which does not respect international standards for fair trials. The defence lawyer was absent during the last session of the trial when Hamdan was convicted. Amnesty said the sentence should be commuted because it contravenes international human rights standards ratified by Sudan.

The boy is an ethnic Arab from Darfur, a region known as the “Wild West” for its lawlessness. Fighting between rebels and the government led to the declaration of a state of emergency in the area in 2001.

Darfur’s special courts were set up as part of Khartoum’s emergency measures, to try summarily cases involving possession of arms and killings.

Human Rights Watch says Sudan’s special tribunals, composed of one civil judge and two military judges, do not meet basic fair trial standards as they restrict legal representation and appeals.

Hamdan is in Nyala prison awaiting the outcome of an appeal. If his appeal in a local court fails, his lawyers can apply to the Supreme Court in Khartoum. If upheld, the sentence could be carried out at any time.