Die Situation der Todesstrafe in Südsudan

Das Land hat in diesem Jahr schon mehr Hinrichtungen durchgeführt als in jedem anderen Jahr seit seiner Unabhängigkeit im Juli 2011. Von sieben Personen ist bekannt, dass sie von Januar bis Ende Oktober 2018 am Galgen endeten, darunter auch ein Jugendlicher.

Amnesty international fürchtet um das Leben von weiteren 135 Gefangenen, die im Laufe dieses Jahres aus anderen Gefängnissen im ganzen Land zu zwei Hafteinrichtungen verbracht wurden, die für die Vollstreckung von Todesurteilen berüchtigt sind.

 

Hintergrund
Das Strafgesetzbuch Südsudans sieht die Anwendung der Todesstrafe für Mord vor. Führt eine bewusste Falschaussage zur Hinrichtung einer unschuldigen Person, kann derjenige, der dies verursacht hat, ebenfalls mit dem Tode bestraft werden. Unter Todesstrafe stehen ferner Terrorismus, Banditentum, Aufstand oder Sabotage, wenn dabei eine Person zu Tode kommt. Des Weiteren kann ein besonders schwerer Fall von Drogenhandel sowie Regierungsumsturz und Hochverrat mit dem Tode bestraft werden.

Die Strafprozessordnung sieht vor, dass Todesurteile durch den Strang vollstreckt werden. Bevor eine zum Tode verurteilte Person hingerichtet werden kann, müssen der Oberste Gerichtshof und der Präsident das Todesurteil bestätigen.

 

Mehr über die Anwendung der Todesstrafe in Südsudan können Sie auf der Seite der Koordinationsgruppe gegen die Todesstrafe lesen oder in diesem englischsprachigen Bericht.

Sudan: Brutal beating that led to hospitalization of imprisoned student must be investigated

11 October 2018, 18:41 UTC

 

The brutal beating of 24-year-old student activist Asim Omar Hassan by prison guards in Kober prison must be independently and thoroughly investigated and those responsible brought to justice, Amnesty International said today as he was admitted to hospital.

Asim Omar was repeatedly beaten with blunt instruments and whipped across his chest until he fainted. He was unable to appear in court because of his injuries.               

According to his lawyers, on 3 October – just days before he was due in court for the hearing of his case, now under re-trial – Asim Omar was repeatedly beaten with blunt instruments and whipped across his chest until he fainted. He was unable to appear in court because of his injuries, prompting the court to order his hospitalization.

“This young man has already suffered enormously at the hands of the politically compromised justice system in Sudan. He has been in detention for more than two years, held in at least three different detention centres, where he was severely beaten and subjected to other torture during interrogations,” said Joan Nyanyuki, Amnesty International’s Director for East Africa, the Horn and the Great Lakes.

Asim Omar was arrested on 2 May 2016 and accused of killing a police officer during protests at the University of Khartoum the previous month. He pleaded not guilty but was convicted and sentenced to death on 24 September 2017.

He has been in detention for more than two years, held in at least three different detention centres, where he was severely beaten and subjected to other torture during interrogations.        

However, Sudan’s Supreme Court overturned the conviction on appeal, rescinded the death penalty and ordered a re-trial on grounds including the fact that key witnesses were prevented from testifying and the prosecution was seen in open court providing its witnesses with answers.

“The Sudan authorities must do everything they can to ensure Asim Omar is safe and gets a fair trial following the overturning of his conviction and death sentence just a couple of months ago. He must not be subjected to any further torture or any other ill-treatment, harassment or intimidation,” said Joan Nyanyuki.

“His family and lawyers must also be allowed full access to him to ensure the second trial is free and fair.”

Sudan: Five years on, no justice for 185 protesters shot dead by security forces

AMNESTY INTERNATIONAL
PRESS RELEASE

09 October 2018

The Sudanese authorities are yet to bring  to justice a single person for the killing of at least 185 people who were shot either in the head, chest or back by Sudan’s National Intelligence and Security Service (NISS) and the police during the country’s infamous September 2013 protests on the high cost of living, Amnesty International said today in a statement to the UN Human Rights Committee.

“Without a single conviction five years on, it is clear that the investigations have either been woefully inadequate, or there is a cover-up to protect the officers deployed to quell the protests. This points to deeply ingrained impunity in Sudan,” said Joan Nyanyuki, Amnesty International’s Director for East Africa, the Horn and the Great Lakes.

The government claims it established three State Commissions of Inquiry to investigate the September 2013 protest killings, but the findings have not been made public, and no one suspected to be responsible has been brought to justice for the killings.

“The families of all those killed are still waiting helplessly for truth, justice and reparations. So far only one suspect has been brought to court and charged – their case was dismissed and the suspect freed,” said Joan Nyanyuki.

Amnesty International and the African Centre for Justice and Peace Studies (ACJPS) published a report documenting excessive and deadly use of force during the protests. As well as 185 deaths, hundreds more were injured and about 800 people arbitrarily arrested, held for weeks, tortured and subjected to other ill-treatment.

“When we critically look at Sudan’s human rights record in the past four years, we see limited progress. Whether it’s university students, journalists, human rights defenders or minority groups such as the Darfuris – all have experienced first-hand the ugly unrelenting force of repression in Sudan,” said Joan Nyanyuki.

Amnesty International calls on Sudan to ensure that human rights defenders, journalists and other civil society activists can carry out their human rights activities without intimidation, hindrance, harassment or reprisals.

 

Background

Today the United Nations Human Rights Committee will perform a fifth review of the human rights record of Sudan, focused on the country’s implementation of the International Covenant on Civil and Political Rights (ICCPR). Amnesty International made a submission in September 2018, which is under consideration today.

 

 

South Sudan: Juba prison revolt underscores deep problems in justice system

7 October 2018, 11:58 UTC

Responding to a revolt in the Blue House National Security Service (NSS) detention facility in South Sudan’s capital Juba overnight, Sarah Jackson, Amnesty International’s Deputy Regional Director for East Africa, the Horn and the Great Lakes said:

“South Sudanese authorities should urgently de-escalate the situation at the notorious Blue House detention facility, where prolonged incommunicado detention, torture and deaths in custody are rife.”                                                            

“Independent observers should be able to monitor any intervention by authorities to help prevent the use of excessive force or other human rights violations. Any use of force must be a last resort and in strict compliance with international law. The right to life and personal security of everyone, including prison guards and bystanders, must be respected.”

“The Blue House revolt points to deep problems within South Sudan’s justice system. President Salva Kiir should keep his promise to release detainees unless they are charged with a recognizable criminal offence. Concerted action is needed to improve the dire conditions in detention.”

 

Südsudan: Regierungstruppen und Milizen verüben ungehindert neue Gräueltaten

Kurzbericht von Amnesty International dokumentiert die Brutalität der jüngsten Militäroffensive im Südsudan.


BERLIN, 18.09.2018
– Tödliche Angriffe auf Zivilisten, systematische Vergewaltigung von Frauen und Mädchen sowie massive Plünderungen und Zerstörungen: Ein neuer Kurzbericht von Amnesty dokumentiert die Brutalität der jüngsten Militäroffensive im Bundessstaat Unity im Südsudan. Eine der Hauptgründe für diese schweren Menschenrechtsverletzungen ist die fehlende Aufarbeitung früherer Verbrechen: Mutmaßliche Kriegsverbrecher wurde in der Vergangenheit nicht zur Rechenschaft gezogen, Amnesty geht davon aus, dass diese neue Welle der Gewalt hätte verhindert werden können. „‘Anything that was breathing was killed’: War crimes in Leer and Mayendit, South Sudan“ basiert auf den Aussagen von etwa 100 Zivilisten, die zwischen Ende April und Anfang Juli diesen Jahres vor einer Offensive von Regierungstruppen und verbündeten Jugendmilizen im südlichen Bundesstaat Unity geflohen sind.

Die jüngste Welle der Gewalt dauerte von Ende April bis Anfang Juli – eine Woche nachdem der letzte Waffenstillstand am 27. Juni ausgehandelt worden war. Die Angriffe richteten sich gezielt gegen Zivilisten, darunter Frauen, Kinder, ältere Menschen und Menschen mit Behinderungen. Während viele durch Gewehrfeuer getötet wurden, wurden andere in ihren Häusern lebendig verbrannt, an Bäumen aufgehängt oder mit gepanzerten Fahrzeugen überfahren. Die Angreifer vergewaltigten systematisch Frauen und Mädchen. „Das Ausmaß und der gezielte Charakter der jüngsten Menschenrechtsverletzungen durch Regierungstruppen und verbündete Milizen im Bundesstaat Unity sind alarmierend“, sagt Katja Müller-Fahlbusch, Afrika-Expertin bei Amnesty International in Deutschland. „Selbst zwei- bis dreijährige Kinder wurden erschlagen.“

Es ist nicht das erste Mal, dass Teile der Gebiete Leer und Mayendit Ziele von militärischen Operationen durch  Regierungstruppen und ihre alliierten Milizen wurden. Der Unity-Bundesstaat  war Zeuge der brutalsten Gewalt seit Beginn des Konflikts im Südsudan vor fast fünf Jahren. Während Regierungsoffensiven in den Jahren 2014 und 2015 kam es bereits zu Gräueltaten. „Diese wiederholten Angriffe auf Zivilisten zeigen das ganze Ausmaß des Straflosigkeitsproblems im Südsudan: Die Regierung hat es immer wieder versäumt, frühere Verstöße aufzuarbeiten und die Verantwortlichen zur Rechenschaft zu ziehen“, sagt Müller-Fahlbusch. „Der mangelnde politische Wille der südsudanesischen Regierung, diese Straflosigkeit zu beenden, hat entscheidend zu den jüngsten Gewalttaten beigetragen.“

Bereits 2016 dokumentierte Amnesty International Militäroffensiven im Bundesstaat Unity. Amnesty identifizierte vier Personen, die verdächtig waren, für Kriegsverbrechen und Verbrechen gegen die Menschlichkeit verantwortlich zu sein. Die Organisation forderte den damaligen Stabschef der südsudanesischen Streitkräfte Paul Malong auf, Untersuchungen einzuleiten. Bis heute gab es keine Reaktion darauf. Jüngste UN-Berichte deuten darauf hin, dass einige dieser Personen auch an den Gräueltaten während der Offensive 2018 beteiligt gewesen sein könnten.

„Nur ein Ende der weitverbreiteten Straflosigkeit kann die fatale Spirale der Gewalt stoppen“, so Afrika-Expertin Müller-Fahlbusch. Die südsudanesische Regierung muss ihrer Verantwortung für den Schutz der Zivilbevölkerung nachkommen und dafür Sorge tragen, dass die Täter für ihre schrecklichen Verbrechen zur Verantwortung gezogen werden. Amnesty International fordert auch den Sicherheitsrat der Vereinten Nationen dazu auf, eine Sondersitzung zur Lage im Südsudan einzuberufen und das im Juli 2018 verhängte Waffenembargo  durchzusetzen.

Hier gibt es den Originalreport.

 

 

 

South Sudan: Arbitrary arrests, torture of detainees despite repeated promises

4 September 2018, 12:40 UTC

South Sudanese authorities have arbitrarily arrested, detained, tortured and ill-treated people to the point of death, despite repeated promises to release detainees, said a new Amnesty International briefing out today.

“People in South Sudan have been arrested for their political and ethnic affiliations and are then subjected to unimaginable suffering – sometimes leading to death – at the hands of the government’s security forces,” said Seif Magango, Amnesty International’s Deputy Director for East Africa, the Horn and the Great Lakes.

People in South Sudan have been arrested for their political and ethnic affiliations and are then subjected to unimaginable suffering – sometimes leading to death – at the hands of the government’s security forces.

Between February and July 2017, four men – Mike Tyson, Alison Mogga Tadeo, Richard Otti and Andria Baambe – died in detention due to harsh conditions and inadequate medical care. The four, who were arrested in 2014, were all held without charge, for alleged links to the opposition. Amnesty International has previously documented the deaths of at least 20 people in detention between February 2014 and December 2016.
In the latest briefing titled “Broken Promises”, former detainees told Amnesty International that they were made to drink water from the toilet and defecate and urinate in front of each other. They also said they were rarely allowed out of their cells for sunlight or exercise. They were also not allowed to talk to each other. Some detainees were fed only once a day and, in more extreme cases, just a few times a week.

Between February and July 2017, four men – Mike Tyson, Alison Mogga Tadeo, Richard Otti and Andria Baambe – died in detention due to harsh conditions and inadequate medical care.

Moses (not his real name), 32, was arrested in July 2014 and held at various National Security Services (NSS) detention facilities in Juba, including at the headquarters in Jebel. He was released almost three years later, with no charges ever being filed against him. “Since I was arrested, I was tortured by NSS officers and I was accused of mobilizing youth. They held me down at gunpoint and then started to beat me on my side using sticks and metal poles while others were kicking me,” he told Amnesty International.

Joseph (not his real name), 49, was arrested in January 2015 and held at the NSS headquarters for two years, accused of communicating with members of the armed opposition. He was detained without charge and denied access to a lawyer and family members.

“If they thought you had misbehaved, they would beat you. If the soldiers come in drunk, they would beat you. The torturing there is beyond (words). Some people are tortured even with electricity. People are beaten to the point of collapsing,” he told Amnesty International.

The ex-detainees said they were also denied access to their families and lawyers. In some cases, the authorities seemed to deliberately make it difficult for their lawyers and families to find them, by transferring them from one detention facility to another. 

On 10 March 2017, President Salva Kiir pledged to release political detainees, before
subsequently releasing about 30 of them in August the same year. He later reiterated his intention to free political detainees in December 2017 during the signing of the Cessation of Hostilities Agreement, and in June 2018 when signing the Khartoum Declaration of Agreement between Parties of the Conflict of South Sudan.
Arbitrarily arrested, shuffled between detention centres, tortured and ill-treated but no one held to account.

Yet arbitrary arrest and detention of real or perceived opponents and dissidents by the NSS continues, the latest high-profile victim being Dr Peter Biar Ajak, a prominent South Sudanese academic and activist who was arrested at Juba International Airport on 28 July 2018. He has been held at NSS headquarters in Juba since.

“It is extremely unconscionable that South Sudanese authorities arrest, torture and ill-treat people in total disregard for their human rights. The government must end these arbitrary detentions by immediately releasing the detainees or charging them with internationally recognizable offenses. It must also hold to account all those responsible for these grave human rights violations and deaths in detention,” said Seif Magango.

South Sudan: Sentencing of soldiers for killing journalist and raping aid workers a step forward for justice

6 September 2018, 13:38 UTC

Following the conviction and sentencing of 10 South Sudanese soldiers in connection with the killing of a journalist and rape of aid workers during an attack on the Terrain Hotel in the capital Juba in July 2016, Amnesty International’s Deputy Director for East Africa, the Horn and the Great Lakes, Seif Magango said:

“After much foot dragging, today’s convictions and sentences represent a first step towards ending chronic impunity in South Sudan, where both government forces and the armed opposition have committed human rights violations and crimes under international law, with complete disregard for human life.”

These convictions must lead to the crucial next step of ensuring justice for all crimes committed in the ongoing armed conflict.

“These convictions must lead to the crucial next step of ensuring justice for all crimes committed in the ongoing armed conflict, by first and foremost, setting up the much-delayed Hybrid Court for South Sudan agreed in 2015. South Sudanese leaders must keep up the momentum towards ending the climate of impunity in the country.”

Background

Soldiers stormed the Terrain Hotel in Juba on 11 July 2016, executing journalist John Gatluak Nhial, gang-raping foreign aid workers and shooting one in the leg, beating up others, and looting property.

Of the 11 soldiers charged, two were found guilty of involvement in the murder of Gatluak and sentenced to life in prison; three others were found guilty of raping the aid workers, four of sexual harassment, and one was found guilty of theft and armed robbery. They have been sentenced to between seven and 14 years in jail.

One of the soldiers was acquitted for lack of evidence, while another died in jail during the trial.

 

South Sudan’s Children and Youth Deserve the Chance for a Better Future

By Alicia Luedke, South Sudan Researcher, Amnesty International
24 August 2018, 00:00 UTC

 

“The life now is very difficult to us, I did up to primary school…I want to go to secondary school, but it is hard to go to secondary school because of the fighting…I want to be a doctor. I want to help my people.”

This is 19-year old Michael.* Michael fled his village in Leer County in late April this year when it was attacked by government soldiers and their allied forces. We met Michael on a small island in the swamplands near Nyal in Panyijar County. Panyijar is a remote area in the southern part of the Unity State region and is one of the last remaining strongholds of the Sudan People’s Liberation Army-In Opposition. Many people have fled there during successive waves of fighting due to its relative safety.

Despite being 19, Michael has only completed primary school. Because of the conflict that started in December 2013 he has not been able to go to secondary school. Left with few options, Michael is now a member of the locally organized armed group, or community defense forces, known as the Gojam, or sometimes the ‘White Army.’ But, he sees another future for himself. He wants to be a doctor so he can help his people.

Future devastated

Michael is among many children and youth whose lives have been devastated by the ongoing conflict. UNICEF estimates that three quarters of all children born after South Sudan’s independence in 2011 have only known war and that at least half of all children have been affected by the ongoing conflict. Over the past nearly five years, thousands of children have also been forcibly recruited into armed groups and while hundreds of child soldiers have been released this year alone, according to UNICEF, 19,000 children are still being held.

More than 2,300 children have also been killed, or maimed, with many children deliberately targeted by both government and armed opposition groups. On our most recent visit to South Sudan in July, civilians who escaped the offensive on Leer and Meyendit Counties in Unity State between April and May told us about some of the grave violations against children that occurred.  

Twenty year-old Rebecca* was in Leer when her village was attacked in late April. Her father was shot and killed and her younger sister was abducted and held at a military base in Leer.

“…When they found small boys they would tell them to go into the house and they would burn the house…the other small boys… they would throw them against the tree…There were seven men who collected children and put them into a tukle [hut] and they set the tukle on fire. I could hear the screaming. They were four boys. One boy tried to come out and the soldiers closed the door on him. There were also five boys who they hit against the tree, swinging them. They were like 2-3 years old….”

Not surprisingly, the mental health impact of the conflict on children and youth has been severe. According to UNICEF, 900,000 children are said to be in need of psycho-social support and 26%  of adolescent girls in South Sudan are reported to have considered ending their own lives in the last year.

Another ‘Lost Generation’

The situation as a whole is producing another ‘lost generation.’ We found Joseph*, 11 and David*, 9 doing their English homework in Nyal. Brothers, they both started school for the first time in 2017. But, being able to go to school in South Sudan is a right that the majority of children do not get to enjoy. Schools have been razed in successive waves of fighting, or occupied by armed groups and more than 70% of school age children – the highest proportion in the world – are not able to access education.

Joseph and David doing their English homework in Nyal, July 2018 ©Amnesty International

This is especially true for youth and adolescents. As a result of years of underdevelopment and conflict, there are few secondary schools in South Sudan. Consequently, for adolescents and youth like Michael who have completed primary school, there are not many opportunities to finish their studies, which can be a driving force behind them joining armed groups. As Samuel,* 18, another member of the local community defense force told us, “…for me, I want to go to school, but there is no way out…” Male youth like Michael and Samuel also face immense pressures to participate in fighting and are valued by society primarily for the role they play in community defense, especially in times of crisis.

The situation for South Sudan’s girls and young women is even worse. In addition to being subject to brutal acts of conflict-related sexual violence, girls and young women face other gender inequalities on account of socio-cultural norms and practices that make them more likely to experience food insecurity and lower levels of schooling. Adolescent girls especially are often forced to take on the responsibility of providing for their families in times of conflict, making it hard for them to access education. Indeed, access to education for girls is often hindered by discriminatory norms and practices that are only worsened in times of war. With the deepening economic crisis in the country, families are also increasingly reliant on the income generated from practices, such as “bride-wealth” – resources exchanged between two families for a girl, or woman’s hand in marriage – leading to additional pressures for families to marry off their daughters at younger and younger ages.

We met Nyboth,* a 19-year old young woman on an island an hour and a half outside of Nyal by boat. She was forced to marry when she was 14 and had her first child in her first year of marriage. She dropped out of school after the first grade when she was taken to the cattle camp – remote areas where pastoralist communities keep their cattle.

“I tried to go to school. I dropped out and I never went back. I only finished class 1 because my father took me to the cattle camp…I wish I could go back to school. I want to be a teacher….”

 

Act now

South Sudan’s children and youth deserve better

The children and youth of South Sudan not only deserve a chance for a better future, they are the future. The South Sudan government should immediately end all human rights violations against children and youth and put in place measures to protect them from grave abuses. Parties to the conflict should also abstain from acts that disrupt schooling and respect their obligation to fulfil children’s right to education.

* Names changed to protect identity

 

South Sudan: Arms embargo must be strictly enforced

AMNESTY INTERNATIONAL
QUOTE

13 July 2018

Responding to the imposition of an arms embargo on South Sudan by the UN Security Council, Seif Magango, Amnesty International’s Deputy Director for East Africa, the Horn and the Great Lakes, said:

“The UN Security Council’s much-anticipated vote to impose an arms embargo on South Sudan is a step in the right direction towards minimizing harm to civilians in the war-torn nation. This decision is long overdue and critically needed to cut off the flow of weapons into the country.”

“Every day civilians are butchered using lethal arms in full view of the world. All states, especially South Sudan’s neighbours, must now strictly enforce the arms embargo and play their part in silencing the guns. The UN Security Council must also learn from past mistakes and implement robust mechanisms to monitor and enforce strict compliance with the embargo.”

Sudan: Quashing of Noura Hussein death sentence must now lead to legal reform

AMNESTY INTERNATIONAL
NEWSFLASH
26 June 2018

Today’s decision by a Sudanese court to quash Noura Hussein’s death sentence and replace it with a five-year prison term for killing her husband in self-defence during an attempted rape must be a catalyst for a legal review in Sudan, said Amnesty International.

Noura Hussein was sentenced to death on 10 May 2018. Her husband, Abdulrahman Mohamed Hammad, suffered fatal knife wounds during a scuffle at their home after he had attempted to force himself on her with the help of three other men. The revised sentence means she will spend five years in jail from the date of her arrest and will have to make a dia (blood money) payment of 337,500 Sudanese pounds (around US$8,400).

“While the quashing of this death sentence is hugely welcome news, it must now lead to a legal review to ensure that Noura Hussein is the last person to go through this ordeal,” said Seif Magango, Amnesty International’s Deputy Regional Director for East Africa, the Horn and the Great Lakes.

Noura Hussein was the victim of a brutal attack by her husband and five years’ imprisonment for acting in self-defence is a disproportionate punishment.

“The Sudanese authorities must take this opportunity to start reforming the laws around child marriage, forced marriage and marital rape, so that victims are not the ones who are penalized.”

Background

Noura Hussein has been held in the Omdurman Women’s Prison in Sudan since May 2017.

After fatally stabbing her husband on 3 May 2017, Noura Hussein fled to her family home, but her father handed her over to the police, who opened a case against her. A medical examination report from the fight with her husband indicated she had sustained injuries including a bite and scratches.

At her trial in July 2017, the judge applied an outdated law which did not recognize marital rape.  Noura Hussein was charged under the Criminal Act (1991) and found guilty of intentional murder on 29 April 2018 at the Central Criminal Court of Omdurman.

Noura Hussein was married against her will to Abdulrahman Mohamed Hammad at the age of 16. The first marriage ceremony involved the signing a marriage contract between her father and Abdulrahman. The second part of the marriage ceremony took place in April 2017, when she was forced to move into Abdulrahman’s home upon having completed high school. When she refused to consummate the marriage, Abdulrahman invited two of his brothers and a male cousin to help him rape her. Sudanese law allows children over the age of 10 to marry.

 

Michael Parsons
Interim Media Manager – South East Asia Pacific Regional Office
Amnesty International
Michael.Parsons@amnesty.org
T: +44 (0)207 413 5696