Einsatz der Todesstrafe im Jahr 2010 und 2011
Since South Sudan became an independent state on 9 July 2011, five persons were executed, four in November alone. All had been sentenced to death for murder. South Sudan carried over Sudan’s status as a retentionist country and the Transitional Constitution adopted in July provides for the death penalty. At least one new death sentence was imposed in 2011. In South Sudan executions were conducted in three death rows, which exist at Juba Prison (Central Equatoria State), Wau Prison (Western Bahr el Ghazal State) and Malakal Prison (Upper Nile State). In early November, there were 91 condemned prisoners at Juba, 32 at Wau and 27 at Malakal. All those condemned were reportedly male and convicted of murder. Trials are often flawed, as many cases in the past have been tried without legal representation, conducted in Arabic even if the defendant does not understand that language, and without an effective appeals review. Once an execution warrant is issued and the condemned is transferred to death row, the prison service may facilitate a meeting of the prisoner with the victims’ families. This sometimes leads to a settlement, such as the payment of cattle in lieu of the death sentence. After execution, prison authorities bury the body if it is not claimed by relatives.
At least seven executions were carried out in Sudan. Seven prisoners in North Darfur had their death sentences under the 2005 Terrorism Act and the Sudanese Criminal Act upheld by the Special Criminal Court in North Darfur on 29 November. Two of them were under 18 years old at the time of the alleged crime. The seven prisoners are part of a group of ten people, allegedly affiliated with the Darfur armed opposition group “Justice and Equality Movement” (JEM), and were tried by the South Darfur Special Criminal Court in 2010 for a carjacking in May of that year. In June, the Supreme Court in Khartoum ordered a retrial due to the inclusion of minors in that trial. A further appeal was submitted to the Supreme Court on 4 December. During the UPR in May 2011, the government of Sudan accepted the recommendations to ensure that the death penalty would not be applied for juvenile offenders, in line with its Constitution and the Child Act of 2010.
At least six men were executed in Sudan in 2010. They had been convicted for the murder of 13 policemen in 2005 and were allegedly forced to “confess” to the crime under duress. Following an agreement between the armed opposition group, the Justice and Equality Movement, and the government, in February 50 of the 106 men sentenced to death by special counter-terrorism courts between July 2008 and January 2010 were unconditionally released. The defendants had been convicted following unfair trials relating to their alleged participation in the 2008 attack on Khartoum, based on “confessions” allegedly extracted under torture. Fifty-five remained in prison at the end of the year, awaiting the result of their appeals, including eight alleged juveniles. Ahmed Suleiman Sulman, one of the 106 defendants, had died of tuberculosis while in detention in October 2009.
On 21 October, a special court in Darfur sentenced ten men to death for the alleged involvement in an attack on a government-escorted convoy in South Darfur, after a trial that did not meet international standards of fairness. Four of them were reportedly under the age of 18 at the time of the crime, but only two of the alleged juveniles were medically examined to determine their age. One of them was confirmed as a child and had his sentence commuted. Information received during 2010 revealed that Abdulrahaman Zakaria Mohammed in El Fasher was executed in 2009 for a crime committed when he was under 18 years of age.