---------- Forwarded message ----------
From: John Ashworth <[email protected]>
Date: Wed, Feb 27, 2013 at 11:22 PM
Subject: [sudan-john-ashworth] Sudanese doctors’ role in judicial
amputation “breaks medical ethics”
To: Group <[email protected]>


1. Sudan: Doctors Perform Amputations for Courts

Human Rights Watch: End Corporal Punishment, Reform Laws

(Nairobi, February 27, 2013) – Credible sources in Sudan have reported
that government doctors amputated a man’s right hand and left foot by
court order in Khartoum on February 14, 2013, in violation of the
absolute prohibition on torture and cruel, inhuman, or degrading
punishments, four human rights groups said today.

The African Centre for Justice and Peace Studies (ACJPS), Human Rights
Watch, REDRESS and Physicians for Human Rights (PHR) called on
Sudanese leaders and international actors to condemn the practice
immediately, and to urge swift reform of Sudanese laws in conformity
with Sudan’s international human rights commitments.

According to reliable sources, medical doctors at the Sudanese
Ministry of Interior’sAl Rebat Hospital 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, senior medical advisor at Physicians for Human
Rights. “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.”

Physicians and other health professionals must hold themselves to the
highest professional standards of commitment to the human rights and
dignity of the people whose lives they have the privilege of serving,
even under threat of harm.

Muthna was convicted of armed robbery (Haraba) under article 167 of
the 1991 Sudanese Penal Code in relation to an armed attack on a truck
carrying passengers between North Kordofan and East Darfur in March
2006.

“Amputations violate the absolute prohibition of torture and cruel,
inhuman or degrading treatment or punishment under international law
and have no place in any criminal justice system,” said Osman
Hummaida, executive director of the African Centre for Justice and
Peace Studies (ACJPS).

Article 168(b) of the Sudanese Penal Code provides cross amputation as
a penalty for armed robbery when it results in grievous injury or
involves the robbery of property equivalent to an amount decreed by
the judiciary, currently set at 1500 Sudanese Pounds (approximately
US$ 340).

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. Human rights groups had hoped this signaled a de factomoratorium
on the practice.

“Authorities should immediately stop imposing such cruel and inhuman
punishments, and bring laws in line with Sudan’s human rights
obligations,” said Daniel Bekele, Africa director at Human Rights
Watch. “They should stop ordering amputations, stoning, flogging and
all other forms of corporal punishment that violate basic human
rights.”

Sudanese authorities have imposed stoning sentences and routinely
order flogging penalties. Both penalties are forms of corporal
punishment justified as Sharia (Islamic law). In 2012, two sentences
of death by stoning for adultery were imposed on women but were
overturned following an international outcry.

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. In 1997, the UN
Human Rights Committee called for Sudan to abolish flogging,
amputation, and stoning because they are incompatible with Sudan’s
obligations under that treaty, but the government of Sudan did not
comply.

Sudan is also a party to the African Charter on Human and Peoples’
Rights. In the case of Doebbler v Sudan, concerning the use of
flogging as a punishment in Sudan, the African Commission on Human and
Peoples’ Rights ruled that: “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,”
contrary to article 5 of the African Charter. Sudan also signed, but
has yet to ratify, the UN Convention Against Torture.

“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. “The Government of Sudan needs to abide by its international
obligations and put an end to any form of corporal punishment in line
with the ruling of the African Commission.”

http://www.hrw.org/news/2013/02/27/sudan-doctors-perform-amputations-courts

END1

2. Sudanese doctors’ role in judicial amputation “breaks medical ethics”

BMJ 2013; 346 doi: http://dx.doi.org/10.1136/bmj.f1253 (Published 26
February 2013)
Cite this as: BMJ 2013;346:f1253

Peter Moszynski

Allegations that doctors in Khartoum’s Al-Ribat University Hospital
helped with the cross amputation of a man convicted of armed robbery
have led to widespread concern among medical bodies and human rights
groups. This was the first time in 30 years that this particular
punishment, which involves the amputation of the right hand and the
left foot, had been done in Sudan.

The Sudan Social Development Organisation said that the sentence was
carried out on Adam Mohammed Muthna on 14 February. The claim that
doctors were involved appeared in the local Al Sudani newspaper, the
organisation said; and the charity Amnesty International told the BMJ
that it had confirmed the story with local sources.

The organisation is appealing to all doctors to refuse to carry out
amputations, in line with the United Nations’ Principles of Medical
Ethics,1 which forbid healthcare personnel from being in any relation
with detainees “the purpose of which is not solely to evaluate,
protect, or improve their physical and mental health.”

Amnesty International told the BMJ, “This represents the first
documented amputation in many years in Sudan. We call on Sudan to
amend its national legislation and to abolish punishments that are
cruel, inhumane, or degrading or, as in the case of amputation, that
amount to torture, so as to bring its Penal Code into line with
international standards.”

Brian Fine, senior examining physician for Freedom from Torture (The
Medical Foundation for the Care of Victims of Torture), told the BMJ,
“The participation of doctors in any form of torture or ill treatment,
such as penal amputations, is ethically unacceptable and shocking.
Doctors must always aim to protect and improve people’s health. To be
complicit in torture is fundamentally against the ethos of the medical
profession.”

A spokesperson for the World Medical Association said that doctors’
involvement in judicial amputations was “in direct violation” of the
association’s Guidelines for Physicians Concerning Torture.2 These
state that doctors “shall not countenance, condone or participate in”
such procedures, “whatever the offence of which the victim of such
procedures is suspected, accused or guilty, and whatever the victim’s
beliefs or motives, and in all situations, including armed conflict
and civil strife.”

Nor should they “provide any premises, instruments, substances or
knowledge to facilitate the punishments” or “diminish the ability of
the victim to resist such treatment.”

A BMA spokesperson told the BMJ that “doctors should not abuse medical
skills for non-clinical purposes, including participating in judicial
punishments.”

The BMA’s recommendations on human rights, published in 2001,3 state,
“Punishments such as amputation are not only cruel but seriously and
permanently hinder individuals’ ability to provide for themselves and
for dependent relatives and so contribute to an under-class of
destitute and marginalised people. The medical profession should not
only oppose such punishments but exercise an educative influence over
such policies which affect the health of society.”

http://www.bmj.com/content/346/bmj.f1253

END2
______________________
John Ashworth

Sudan, South Sudan Advisor

[email protected]

+254 725 926 297 (Kenya mobile)
+211 919 695 362 (South Sudan mobile)
+27 82 050 1235 (South Africa mobile)
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+88 216 4334 0735 (Thuraya satphone)

PO Box 52002 - 00200, Nairobi, Kenya

This is a personal e-mail address and the contents do not necessarily
reflect the views of any organisation

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