UN urges Sudan to review death sentences against Darfur rebels

August 7, 2008 (KHARTOUM) — The U.N. mission in Sudan voiced concern over the legal proceeding in the three special courts to try rebels arrested last May and urged the appeal court to review the death sentences issued last week.

Late last month, special Sudanese courts (Counter-Terrorism Courts) found 30 Darfur rebels guilty of involvement in a bloody attack on Khartoum in May, where more than 200 killed, sentencing them to death and granting the right of appeal.

In a statement released on Thursday, UN Secretary General special envoy to Sudan, Ashraf Qazi, requested the Sudanese government to observe the due process of law saying “the judicial process may not have met international standards.”

Qazi, who adopts a law profile style opposed to the former UN envoy Jan Pronk, affirmed “the right, and the responsibility of the Government to prosecute and sentence those who committed criminal offences in the context of the attacks.”

However, he underlined that the accused rebels were only given access to lawyers after the beginning of the trials, the concessions were obtained and the defendants had no communication with lawyers and the courts refused to probe allegation of ill treatment.

In his short statement, the UN envoy said that the special courts have to observe “all fair trial guarantees” included in the international conventions to which Sudan is a State party. He cited the “International Covenant on Civil and Political Rights” but goes further to remind Khartoum that “These guarantees are an integral part of the Interim National Constitution and Bill of Rights.”

“UNMIS, accordingly, urges the appeal court to thoroughly review the 30 death sentences,” said Qazi in a statement.

“UNMIS also encourages Sudan to abolish capital punishment and in the meantime establish a moratorium on executions.” He added.

Defence lawyers argued that the special courts are unconstitutional and do not guarantee their clients’ legal rights. They further described the special courts as political and not independent.

While the Justice and Equality Movement denounced the death sentences saying they are unconstitutional and against the international law because the defendants are prisoners of war captured in the aftermath of a military operation.

INSULT TO SUDAN

However, Khartoum slammed Qazi’s statement and urged him to withdraw it and to apologize to the government. “This statement is an insult to Sudan” said Ali al-Sadiq the spokesperson of the foreign ministry.

Sadiq further considered the statement of the U.N. envoy as flagrant intervention in the internal Sudanese affairs and an attempt to cast suspicion on the independence of Sudan’s judiciary.

Referring to his mandate on the Comprehensive Peace Agreement implementation, the Sudanese spokesperson said Qazi “has nothing to do with Darfur and its event.”

However, in the UN resolution 1590 related to the UNMIS mandate, the Security Council requests, more than once, the Secretary General to exert efforts for the respect of human rights and to help the African mission to achieve peace in Darfur.

Following the indictment of the Sudanese president Omer al-Bashir by the International Criminal Court prosecutor last July, Sudanese political forces urged the release of the arrested rebels and called for a national conference to end Darfur conflict.

SPLM Deputy Secretary General for northern Sudan, Yasir Arman, said the sentences “complicate matters further” and called for freezing their ratification so that efforts can be devoted towards resolving the Darfur crisis.

(ST)