Sudan Doctors Carry Out Court Ordered Amputation Sentence

Sudan Doctors Carry Out Court Ordered Amputation Sentence

nngu007

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27 FEBRUARY 2013


The Sudanese doctors union has condemned the law

Nairobi - Government doctors amputated a man's right hand and left foot by court order in Khartoum on 14 February, violating international laws prohibiting torture and cruel, inhuman, or degrading punishments, rights groups said Wednesday.

In a statement extended to Sudan Tribune, the African Centre for Justice and Peace Studies (ACJPS), Human Rights Watch (HRW), REDRESS and Physicians for Human Rights (PHR) called on Sudanese leaders and the international community to condemn the practice and to urge swift reform of Sudanese laws in line with the country's international human rights commitments.

According to reliable sources, medical doctors at the Sudanese ministry of interior's Al-Rebat Hospital in Khartoum carried out what is called cross-amputation on 30-year-old Adam Al-Muthna, carrying out a sentence for an armed robbery conviction.

"Cross amputation is a form of state-sponsored torture," said Dr Vincent Iacopino, a senior medical advisor at PHR. "The complicity of medical personnel in such practices represents a gross contravention of the UN principles of medical ethics for health personnel, particularly medical doctors who engage, actively or passively, in acts of torture or other cruel, inhuman or degrading treatment or punishment", he added.


The al-Sudani daily reported that Muthna was convicted of firing on a car with an assault rifle between North Kordofan and East Darfur in March 2006 and stealing SDG 1,000 (US$228) from its passengers.


The Sudanese Penal Code provides cross amputation as a penalty for armed robbery when it results in grievous injury or involves theft of property with a value exceeding SDG 1,500 or about $340.


HIGHEST STANDARDS:

The statement said physicians and other health professionals must hold themselves to the highest professional standards of commitment to human rights, even under threat of harm.

ACJPS executive director Osman Hummaida has reiterated calls for amputations and other inhumane punishments to be abandoned, saying such practices had "no place in any criminal justice system".


Amputation as a form of corporal punishment was incorporated into Sudanese law in 1983 when then-president Gaffar Nimeiry introduced Islamic reforms known as the "September laws".


Although sentences imposing amputations have been handed down under those laws, there are no known cases since 2001 in which such sentences have been carried out, with human rights groups hoping this had signalled a de facto moratorium on the practice.


HRW's Africa director, Daniel Bekele, said Sudan also routinely practiced other forms of corporal punishment, including stoning and flogging, usually carried out for drinking alcohol.


Both penalties are forms of corporal punishment justified under the country's Islamic Shari'a law.


In 2012, two sentences of death by stoning for adultery were imposed on women but were later overturned following international outcry.


"The practice of corporal punishment in Sudan is frequently used as an instrument of repression against those who do not conform to the state's conception of moral order", said Dr Lutz Oette, counsel at REDRESS.


As a party to the International Covenant on Civil and Political Rights, Sudan has made a commitment to an absolute ban on torture and cruel, inhuman or degrading treatment or punishment.


Sudan is also a party to the charter of the African Commission on Human and Peoples' Rights (ACHPR). In a separate case concerning the use of flogging as a punishment in Sudan, the commission found: "There is no right for the government of a country to apply physical violence to individuals for offences. Such a right would be tantamount to sanctioning state sponsored torture". Sudan also signed, but has yet to ratify, the UN Convention against Torture.


 

Is it GOD's WILL to punish another HUMAN BEING by taking some of his BODY because of THIEVING? I'm really scared!!!
 
This is so brutal! By the way is this what my islamic brothers in TZ want? Certainly it is unacceptable in any civilized society. Let Tanzanians stand against the Kadhi court as it will eventually turn the laws of the state into sharia.
 
-in the first place, why are you thieving?.

At work in BONGO you might be a suspect... NO EVIDENCE U will end Up there... not all Criminals are in Jail some are 100% Innocent
 
This sounds so inhuman but again when you look at it from the other side of the coin these thieves are merciless when you have an encounter with them,we can also say this can somehow save as a lesson to other thieves.
 
Stealing in those countries is certainly harzadous.

But mob justice in Dar metes out death to suspected (not tried in a court of law) victims. I think this is worse.
 
At work in BONGO you might be a suspect... NO EVIDENCE U will end Up there... not all Criminals are in Jail some are 100% Innocent
If the person is criminal as you have highlighted, how can he/she be guiltless.
 
If the person is criminal as you have highlighted, how can he/she be guiltless.

Common not all criminals are in JAIL and the reverse is the same Not all Innocent People are let FREE by the JUSTICE
 
This is Kadhi Court at work

cc: Nonda and Ally Kombo
Sudan applies Islamic law (sharia)in penal code. link Sudan, Republic of
Unapotosha kwa makusudi.
Kadhi courts zipo Kenya na Zanzibar.Umewahi kusikia imetolewa hukumu ya kumkata mtu mkono au pua?
Umeshauriwa ujielimishe juu ya mahakama ya Kadhi , lakini udini unakusumbua.
Mahakama za kadhi nchini Kenya na Zanzibar zinajikita katika maeneo(mambo) haya :The jurisdiction of the Kadhis courts, then as now, is to adjudicate on matters relating to personal law (marriage, divorce and inheritance) where both parties are Muslims. THE KADHIS COURTS

Hii mahakama ya Kadhi ilikuwepo hapa Tanganyika, je ilitokea mahakama hii kutoa adhabu ya kifo au kumng'oa mtu jino?

Jielimishe mahakama ya Kadhi ni nini? Na vipi inafanya kazi zake?
Link THE KADHIS COURTS
 

Is it GOD's WILL to punish another HUMAN BEING by taking some of his BODY because of THIEVING? I'm really scared!!!
By the way, Jambazi anayetumia silaha, mwenye miaka 45yrs akifungwa miaka 30 (jumla 75) ni nafuu kuliko kukatwa mkono !?.......jipe muda kidogo kufikiria !
 
Sudan applies Islamic law (sharia)in penal code. link Sudan, Republic of
Unapotosha kwa makusudi.
Kadhi courts zipo Kenya na Zanzibar.Umewahi kusikia imetolewa hukumu ya kumkata mtu mkono au pua?
Umeshauriwa ujielimishe juu ya mahakama ya Kadhi , lakini udini unakusumbua.
Mahakama za kadhi nchini Kenya na Zanzibar zinajikita katika maeneo(mambo) haya :The jurisdiction of the Kadhis courts, then as now, is to adjudicate on matters relating to personal law (marriage, divorce and inheritance) where both parties are Muslims. THE KADHIS COURTS

Hii mahakama ya Kadhi ilikuwepo hapa Tanganyika, je ilitokea mahakama hii kutoa adhabu ya kifo au kumng'oa mtu jino?

Jielimishe mahakama ya Kadhi ni nini? Na vipi inafanya kazi zake?
Link THE KADHIS COURTS

Enjoy Kadhi and Sharia from your deity: [h=3]ISIS bans math, sports, social sciences for children - NeoGAF[/h]
 

Enjoy this: Pata maarifa.


THE KADHIS COURTS

Kadhis courts were in existence along the East Coast of Africa long before the coming of the British colonialists in the 19th century. The Kenyan coastal strip was then part of the territories controlled by the Sultan of Zanzibar. In 1895, the Sultan of Zanzibar authorised the British to administer the coastal strip as a protectorate, rather than a colony as distinct from the mainland, subject to certain conditions including the British agreeing to respect the judicial system then in existence in the said protectorate. The British agreed to these conditions and throughout their administration of the coastal strip this judicial system, which included the Kadhis courts, continued to exist.

Prior to independence and at the beginning of the Lancaster House constitutional talks, the British Government and the Sultan of Zanzibar appointed a commissioner, James Robertson, to report on the changes considered advisable in the 1895 Agreement relating to the coastal strip of Kenya as a result of the course of constitutional development of East Africa. In his report, Mr. Robertson recommended that the coastal strip be merged with the mainland before self-government and independence subject to certain safeguards being given to the Muslims of Kenya, which safeguards should be entrenched in the constitution. The Commissioner recommended that the Kadhis courts should not only be retained but also integrated within the judiciary under the Chief Justice s administration. Robertson also recommended that the 1895 Agreement be abrogated and another one made in its stead between the Governments of Kenya and Zanzibar. This was done and on 5/10/1963 a new agreement was entered into between the Governments of Kenya and Zanzibar through Prime Ministers Jomo Kenyatta and M. Shamte respectively, in which agreement the Sultan of Zanzibar relinquished his sovereignty over the coastal strip in return for Kenya, among other things, guaranteeing the existence of the Kadhis courts at all times . To safeguard the integrity of the agreement reached on them, the Kadhis courts were enshrined in the independence constitution under the chapter on the judiciary; they are still there to date.

After independence, the Kenya Government expressed its desire not to be bound by all pre-independence treaties and agreements entered into by the colonial government. President Kenyatta informed the United Nations of the intention of the Kenyan Government to review all such treaties and agreements and determine those which it would honour. Among those immediately honoured was the agreement protecting the existence of the Kadhis courts.

The Kadhis courts, as with any other court, must be provided for in the constitution, as otherwise their establishment would be unconstitutional. Once provided for under the constitution, the courts themselves can either be established in the constitution also or in an Act of parliament. The problem with establishing them under ordinary law by an Act of parliament is that it would make them vulnerable since any decision to abolish them would require a simple majority of the members of parliament. Under the present standing orders of parliament, which sets the quorum of the house at 30, it means that the approval of only sixteen (16) members of parliament would be sufficient to repeal the Kadhis courts. In contrast, to abolish the courts as enshrined in the constitution would require a two-thirds (2/3) majority in parliament. Kenyan Muslims therefore find great relief and solace in the entrenchment of the Kadhis courts in the constitution.

The history of the Kadhis courts illustrates that this institution is a crystallised right of the Kenyan Muslim minority. The Kadhis' courts have embodied a manifestation of the beliefs of the Kenyan Muslims without conflict with other Kenyans. Any move to deprive the Kenyan Muslim community of its constitutional rights to this practice is discrimination based on religion, which is a contradiction of the rights of citizens under the constitution.

The jurisdiction of the Kadhis courts, then as now, is to adjudicate on matters relating to personal law (marriage, divorce and inheritance) where both parties are Muslims. Throughout the centuries that they have been in existence, the Kadhis courts have provided an efficient and cost-effective resolution of the disputes before them. However, in view of the various changes that have taken place over the years, not least being the increase in the number of Muslims, the Kadhis courts need to be streamlined and made even more efficient to better equip them to handle the challenges of a growing nation. For instance, it is not feasible to expect the current 18 Kadhis to effectively adjudicate between the millions of Kenyan Muslims, hence the need to increase the number of these courts. Similarly, the qualifications of the Kadhis need to be streamlined to enable the office-holders to render effective service. It is in light of this that, in reviewing the current constitution, Kenyans examined and recommended improvements to the existing institutions, including the Kadhis courts, to facilitate governance as an integral part of the enabling environment for development. It is worth noting that the civil society is in support of the retention of the Kadhis courts. Indeed some human rights and legal organisations had even prepared a model constitution in which they not only recommended the retention of the Kadhis courts but also the enhancement of the qualifications and status of the Chief Kadhi.

The Kadhis courts are not mosques, they are courts of law set up to deal with specific types of disputes. The office of a Kadhi is not a religious office, it is a legal office whose holder is versed in Muslim personal law. They provide a specialised forum for dealing with personal law disputes where both parties are Muslims. Any religious role, which a Kadhi may play, is outside his official duties. For example Muslims out of respect for the holder of the office of the Chief Kadhi, request him to perform certain duties like announcing the sighting of the moon. This is not an official duty of the Chief Kadhi but is merely an exercise by Muslims of the constitutional freedom of association granted to all Kenyans.

The Constitution of Kenya Review Commission, in including provisions for the improvement of the existing Kadhis courts in the Draft Bill, was abiding by its mandate to ensure that the review process accommodate the diversity of the Kenyan people, including religious faith, that the outcome of the review process faithfully reflect the wishes of the people of Kenya and that the review process secure provisions which strengthen national integration and unity.

link THE KADHIS COURTS
 
Hiyo ni hukumu ya mahakama ya Kadhi iliyoundwa kisheria, na ni lazima itekelezwa na serikali kama ambavyo serikali inavyotekeleza hukumu nyingine zilizotolewa na mahakama zozote zinazotambuliwa kisheria na serikali hiyo.
 
Sudan applies Islamic law (sharia)in penal code. link Sudan, Republic of
Unapotosha kwa makusudi.
Kadhi courts zipo Kenya na Zanzibar.Umewahi kusikia imetolewa hukumu ya kumkata mtu mkono au pua?
Umeshauriwa ujielimishe juu ya mahakama ya Kadhi , lakini udini unakusumbua.
Mahakama za kadhi nchini Kenya na Zanzibar zinajikita katika maeneo(mambo) haya :The jurisdiction of the Kadhis courts, then as now, is to adjudicate on matters relating to personal law (marriage, divorce and inheritance) where both parties are Muslims. THE KADHIS COURTS

Hii mahakama ya Kadhi ilikuwepo hapa Tanganyika, je ilitokea mahakama hii kutoa adhabu ya kifo au kumng'oa mtu jino?

Jielimishe mahakama ya Kadhi ni nini? Na vipi inafanya kazi zake?
Link THE KADHIS COURTS
_65903795_photo.jpg
 
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