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Startseite Urgent Actions 2019 07 Young man at imminent risk of execution
UA 103/19
Sudan
Abgeschlossen am 11. September 2019

Young man at imminent risk of execution

AI-Index: AFR 54/0783/2019

Amnesty International is alarmed that the Constitutional Court of Sudan confirmed the death sentence against Abbas Mohammed Nur Musa on 20 May 2019. Abbas had appealed his death sentence after being convicted of stabbing a 17-year-old boy to death. The incident happened on 27 August 2013 when Abbas was 15 years old. International human rights law strictly prohibits the use of the death penalty for offences committed by persons below 18 years of age.

ADDITIONAL INFORMATION

Abbas Mohammed Nur Musa, was 15-years-old, when he stabbed a 17-year-old boy to death on 27 August 2013.  Abbas was a child at the time of the crime. He was first detained at the Aljraif East juvenile detention centre. During his detention he was sentenced to five years in prison, and to pay blood money (Diyya) valued at 40,000 Sudanese pounds for murder. When he turned 18, he was transferred to Madani prison.

The prosecutor filed an appeal with the Court of Appeal for Abbas to be sentenced to death. The Court of Appeal convicted the accused of murder and sentenced him to death. An appeal was filed by Abbas’ lawyers at the Higher Court. The Higher Court decided to cancel the decision of the Court of Appeal and annul the death sentence.

Notwithstanding the above Higher Court ruling, the case was remitted back to the trial court which resentenced Abbas to death. This court used an ambiguous determination of childhood such as «attainment of puberty» in accordance with Article 3 of Sudan’s Criminal Act of 1991. This determination contradicts Article 1 of the Convention on the Rights of the Child, which states: «A child means every human being below the age of eighteen years.» Sudan became a party to the convention in 1990.

Abbas’s lawyers appealed to the Constitutional Court. The Constitutional Court confirmed the death sentence on 20 May 2019. The Constitutional Court was in violation of the Convention on the Rights of the Child and the Sudan Child Act 2010, both acknowledge a child is below the age of eighteen years.

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