Background
Darfur has been the scene of complex strife between ethnic groups, and frequent armed robberies by bandits, for many years. The region is prone to a proliferation of small arms, often aided by the government's strategy to arm and support local ethnic groups as auxiliary forces to fight in its 19-year war against the main armed opposition group, the Southern People's Liberation Army.
The government has extended and intensified the State of Emergency, announced in December 1999 in Khartoum and renewed every year since, to Northern and Southern Darfur provinces. Emergency or Special Courts were established in May 2001 in both provinces to deal with offences such as armed robbery, murder and possession and smuggling of weapons. These courts are headed by two military judges and one civil judge and do not allow for legal representation for the accused.
Sudan's Penal Code, which is based on the government's interpretation of Shari'a (Islamic law), includes penalties such as limb amputation, death, and death followed by crucifixion. These are inconsistent with international human rights law and Sudan's obligations under the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, both of which Sudan has ratified, and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Sudan has signed.
Darfur has been the scene of complex strife between ethnic groups, and frequent armed robberies by bandits, for many years. The region is prone to a proliferation of small arms, often aided by the government's strategy to arm and support local ethnic groups as auxiliary forces to fight in its 19-year war against the main armed opposition group, the Southern People's Liberation Army.
The government has extended and intensified the State of Emergency, announced in December 1999 in Khartoum and renewed every year since, to Northern and Southern Darfur provinces. Emergency or Special Courts were established in May 2001 in both provinces to deal with offences such as armed robbery, murder and possession and smuggling of weapons. These courts are headed by two military judges and one civil judge and do not allow for legal representation for the accused.
Sudan's Penal Code, which is based on the government's interpretation of Shari'a (Islamic law), includes penalties such as limb amputation, death, and death followed by crucifixion. These are inconsistent with international human rights law and Sudan's obligations under the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, both of which Sudan has ratified, and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Sudan has signed.