Man Convicted of Rape in Darfur

August 8, 2006 — On 03 August 2006, Osman Mohammed Salih, a member of the Janjaweed militia was sentenced to five years imprisonment and 100 lashes after being convicted by the Special Courts in Nyala, Southern Darfur for rape under article 149 of the 1991 Penal code. Mr. Osman was also convicted of possession of arms without licence under section 26/42 of the Arms Code, amended in 2002.? Mr. Osman’s conviction followed his confession of the rape of an internally displaced woman, 26 yrs, (name withheld) from Doumma IDP camp in Nyala.

Background

On 20 June 2006, Osman Mohammed Salih armed with a J3 gun and riding a camel attacked a woman, her daughter aged three and her uncle whilst they were collecting firewood outside Doumma IDP camp. Mr. Osman threatened the uncle with death and then proceeded to flog the woman and her child all over their bodies before abducting them.? Mr. Osman took the woman and her child to a nearby forest where he repeatedly raped her. Whilst Mr. Osman was attacking the woman, a passer-by witnessed the attack and immediately reported the incident to an army base near the camp. Upon hearing the report, the senior officer in charge of the base and seven soldiers using a military vehicle went to investigate the report. When they arrived, Mr. Osman was still at the crime scene, and he attempted to escape on his camel. The soldiers caught him and arrested him. The soldiers escorted the woman, her daughter and the perpetrator in the same vehicle to the police station in Douma.

Once at the police station, the police officers sent the woman to a clinic inside Doumma camp for medical examination. The medical report confirmed that the woman had sustained injuries consistent with non-consensual sex. Following the medical report, the police in Doumma questioned the victim, the soldiers from the armed forces and the eyewitness before referring the case to Nyala Wasat (Central) police station.

At Nyala Wasat station, the victim, the eyewitness and the perpetrator were interrogated again about the attack. During the police interrogation, Mr. Osman confessed to raping and threatening the victim. Subsequently, the police in Nyala Wasat filed a case against Mr. Osman and formerly charged him of rape and possession of arms without licence.

On 20 July 2006, the court called the victim as witness. She was questioned about the rape and required to give details of the incident. The Amel Center for the Treatment and Rehabilitation of Victims of Torture, SOAT’s partner organisation in Nyala provided legal aid to the victim. On 01 August 2006, Mr. Osman represented by advocate Mohamed Fadul appointed by his family, appeared before the court where he pleaded guilty to the charges.

SOAT welcomes the conviction of rape under article 149 of the 1991 penal code, and views it as a step towards eradicating the culture of impunity that is endemic in Darfur. SOAT notes with concern that the imposition of lashing as punishment is in contravention of international law and conventions prohibiting cruel, inhumane and degrading including article 7 of the International Covenant on Civil and Political Rights; and article 5 of the African Charter; to which Sudan is a state party.

Even whilst noting the historic nature of this ?rape’ conviction, the first for the Amel Center since its creation in September 2004, SOAT notes with concern the reality that this conviction was secured solely because of the confession of the perpetrator and collaborating witness statement. To ensure the number of rapes and the level of reporting are matched by the level of prosecutions and convictions, SOAT calls for comprehensive reform of legal obstacles, which have so far hindered access to justice to victims of sexual, and gender based violence, including but not limited to article 62 of the Evidence Act 1993.

SOAT is an international human rights organisation established in the UK in 1993. If you have any questions about this or any other SOAT information, please contact us:

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