Complainant

Summary of complaint

Decision

1

Trial of Al-Gaili Al- Tayeb Mohammed Al-Radi report No-168 Under Article (130), criminal law, in Hajer Al-Asal court

       On 29/5/2003 Mohammed Ahmed Abdalla reported the accused a fore-mentioned to have beaten the late Badria Musa to death. Police undertook investigation, and the above accused was arrested in his house. He was carrying the knife of the crime. He was interrogated in investigation diary. He made a legal confession before the court of Hager Al-Asal.

    Details are that the accused was married to the victim Awadia Ibrahim.

    He divorced 3 years of the date of the report. He returned to take her back as his wife, and brought clothes to her and his daughter. The divorces however refused. In the same evening the accused reached Al-sagai (the place of divorcee) and beat the late Badria Musa. He meant to beat his divorce but he dealt three fatal stabs to the late, and stabbed his divorce (Awadia) in the thigh and leg causing her serious injury.

     Legal immunity was lifted off the above mentioned, and tried in court. He was sentenced to death later, there was an appeal for the court decision by the advocate of the accused. The court decision was the modification of penalty to 7 years imprisonment plus the payment of blood money.

He was sentenced to death, but the sentence was changed by the court of appeal  to 7 years in prison plus paying blood money

2

Trial of corporal/ Yusif Ibrahim Ahmed, report No. 2686/97, under Article (130), criminal law, in imtidad Al-Daraga Al-Thalitha court

On 17/9/1997 the mentioned corporal shot Gamal Ahmed Mohammed to death at hospital , the following day legal immunity was lifted from the above mentioned upon a decision from the Director General No (5) on 24/3/1998. he was tried in Al-Imtidad criminal court which convicted him under Article (132) of the criminal act (manslaughter). He was sentenced to two year imprisonment, plus paying the blood money.

Tow- year imprisonment plus blood money

3

Trial of corporal/ Yassir Mahgoub Omer Abdalgadir, report No. 3364, Traffic court, Khartoum North

     On 31/12/2002 the mentioned was driving a Landcrusier not belonging to the Sec. Ser., and not insured. In utter negligence he crashed into a rickshaw in the street which caused the death of a girl in the rickshaw. The driver of the rickshaw was injured seriously, and the rickshaw was damaged.

    Immunity was lifted off him, and he was tried in the traffic criminal court (Khartoum North). The court decided that he should pay blood money, and compensate the injured, and for the damager to the rickshaw. Sec. Ser. Paid for that responsibility of superior and inferior) 

Compromise by paying blood money to the dead girl's relatives, and compensation for the owner of the rickshaw and the driver.

4

Trial of lieutenant colonel/ Mohammed Dafalla Hammid, report No. 1532, under Article 179, criminal law, Khartoum North court.

On a previous date of filing the report and in his capacity as the general security of the university women student care society the mentioned wrote cheques from the society's account. They were bouncing cheques. A report was field, and he was referred to Kh. North court which addressed Sec. Ser. To lift his immunity. After considering the procedures, immunity was lifted by the Director General. He was tried in court the accused was to pay for the cheques 

The case was dropped before the court upon settlement.

5

Civil case from Abdalla M. Ali Al-Gaali against national Sec. Ser. In Khartoum  District court.

The mentioned bought a Masi Ferguson tractor, model 85 from saving Sudanese from Disasters and Child Care Organization head quarters in Kh. On 3/2/1992. Al-Gadarif Sec. Unit claiming that he had no document establishing his ownership of the tractor. He demanded that he was to be given the tractor because he brought the documents required. The tractor was looked for but was not found in all of the Sec. Units in Al-Gadaref. When he didn’t succeed, he presented his grievance to the republic presidency. The matter was referred to Sec. Ser. to from a board towards investigation. At this stage the above mentioned lodged a civil lawsuit  in Kh. District court against Sec. Ser.

     Demanding the tractor and compensation for damage. Upon hearing the case , the court made a decision against the Sec.Ser. that they were to pay for the tractor in question. It was 3.000.000 SD, and compensation of 2.000.000 SD for the loss of chances of making his hiving and the damage caused , plus the fees of lawsuits, advocate's fees which were 232.000 SD.

      The sentence was carried out against the Sec. Ser. by the payment of the money pointed to above.

He was compensated for by 5.232.000 SD out of the Sec. Ser. account.

6

Trial of Major/ Abalhafeez Ahmed Al-Basheer, report  130, Criminal law, Kh. East court.

At: 11:15 on the evening of 29/10/1992 the mentioned went out of the Ser. headquarters  Kh. on his way home when his attention was caught by a Cressida model 1988, number of plate 8844. it was one of the suspicious cars. He was to detect it in the frame work of watching out the activates of some elements hostile to the state. The member many time tried to stop the car but the driver always managed to escape. The driver cut into some dark alleys, but the Sec. member managed at last to obstruct the car.

      Thereupon the driver got out and ran despite the Sec. member's shouts to stop him but the driver got out and put his hand to his pocket, them the member  emerged with a rifle and repeated "Freeze, Freeze, but the driver moved towards him. At this moment abullet shot out as a warning, but it immediately killed the driver Abubakr Muhiadeen Hussein. Immunity was lifted from the member by resolution No (5) on 13/2/1993. the procedures were transferred to court.      

Imprisonment plus blood money. The sentence of the appeal court was supported by the supreme court.

7

Trial of Sec. First Lieutenant / AlTayeb Abdarrahim

In 1996 first lieutenant Al-Tayeb Abdarrahim and as a result of financial difference with a citizen, he killed the citizen with a clachinkov in Jabal Awlia. Immunity was lifted, and he was tried in the public criminal court the sentence was that he was to be hanged  to death, under article 130 [pre-mediated murder] of the criminal act of 1991. the sentence was executed in 1999 

Sentenced to death, and execution was carried out.

8

Trial of Sec. Solider /Yusif Ali Yusif , report No. 626/1992, in Sinnar criminal court (intentional murder) of the criminal act of 1991

On 18/2/1992, the soldier above who belongs to the Sec. Ser. was doing his duty at a check point at the entrance to Sinnar to check and inspect documents and cars if they carry goods and the like. At around 4:30 the late Hassan Hag Biled, who was driving a Toyota pickup, came to words the check point. His car was loaded with spare, parts. The soldier called him to stop demanding the goods document. Upon producing the documents he also demanded of him to produce his identity card to check it against the papers. However the victim refused and complained and exchanged heated words with the soldier. The soldier refused to give back the documents because the identity card was not shown him, the matter that made the victim to move towards Sinnar. He however returned after a short while and moved towards the soldier and put his hand into the soldier's pocket to extract the papers, and he succeeded in so doing, he also got out the military card of the soldier. Aloud altercation was to ensue then between the two. The soldier produced his pistol. A shot was heard. The victim fell down. The soldier then stop a car to save carry him but he was dead before he got to hospital. On the same day the soldier was given over to the police.

    He delivered the pistol for investigation even before obtaining the permission of the director general of Sec. Ser. according to the requirements of national Sec. forces – later the soldier immunity was lifted after a week from the incident legal procedures were taken against him in the high to       available Sinnar criminal court on 30/6/1992 sentenced him to death by hanging under Article 130 of criminal Act of 1991. The sentence was executed in 1995.      

Sentence was death penalty, and  the soldier was executed

9

Report No 1912 under Article 130, criminal act, in Al-Daroshab criminal court, the murder Ali Ahmed Al-Basheer

On 24/5/2001 a Sec. team led by Ahmed Abdalgadir Satti, Hashim Awad Annour Awadalla, Awad Abdeen AlAwad and four others moved for investigation of a number of government vehicles which were later owned by some citizens through forging documents. One of the vehicles was found (a double cabin pick-up model 95, number 1813) in Al-Daroshab (North of Kh.). Upon seizing the driver a shot came out by mistake out of the pistol of a member in the team (Hashim Awad Annour). Immunity was lifted from  the team members. Accusation was dropped for four of them, whilst the mentioned three were still accused. The case is now before the criminal courts for consideration.

Before the court

10

Trial of the Sec. Members: Rahal Hasaballa and Abalahamed  in acobied criminal court

On 18/11/1991 the late Mahdi Ahmed Khatir who was working in shell filling station in the industrial area (Alobied), filled four benzene barrels without papers justifying the act. The late was escorted by Abdalhammed  Hassan to the building of Sec. Ser. in Alobeid .

    He was interrogated and kept in custody with the exhibits (benzene). The following were on shift that day: Rahal Hasablaal Kuku and Abdalhameed  Hassan Abdalla. On the morning of the following day the dead body of Mahdi Ahmed Khatir was found hung on an iron window inside the building or Sec. Ser. Immunity was lifted from the mentioned members and tried in court.

The relatives of the dead pardoned the act and mahaccpted blood money. 

11

Trial of corporal (Al-Hiber Mohammed Ahmed , report No. 135/1994, under Article (130), criminal act, ALHag Abdalla criminal court

On 19/4/1994 the mentioned and others (a driving soldier) made a tour over the agricultural project in Gism Al-Matori, Agoba office, in Al-Gazeera project. They were commissioned to protect the crops in the project. They found goats in the wheat. They asked the shepherds to go out of it, but they refused to, and five of them attacked the mentioned corporal by sticks. In the process the corporal shot to disperse the shepherds, but the bullet shot one of them (Ahmed AlIbeid Al-Shambati). He died in hospital. The court decision was that it was manslaughter. It decreed blood money.  

Payment of blood money to the ded man's

12

Trial of soldier/ Al- Guzuli Idris Abdalmageed, report No. 851/94, Article (130), criminal Act, Al-mtidad Al-Ganubi criminal court. 

On 30/3/1994 a problem arose between two teams of Ali Al-Saed secondary school in the presence of the mentioned soldier who came to watch a fair at the school. Students used stones and sticks against each other, the matter that prompted the soldier to intervene to settle the situation.    He was carrying a pistol from which a bullet came out during the gathering.     The pistol was given over a sexhibiter.      The soldier was handed over to the police for investigation and trial after immunity was lifted by the head of Sec. Ser. under resolution No. (12) of 1994     

Two year imprisonment plus blood money .

13

Trial of corporal Salah Fadlalla, report  under Article (132), criminal Act, Al-Hag Abdalla court

In March 1999 the mentioned member led a team of three who were on tour to prevent the shepherds from entering with their goats into the cotton crops. 17 of them with goats happened to be in the crops. They were asked to leave but they refused. One hit the corporal with a stick. The others came upon him .some tried  to take the weapon from him. The corporal shot abullet in warning. The shot immediately killed one of the shepherds. Immunity was lifted from the corporal and he was tried in Al-Hag Abdalla court.

Payment of blood money to the dead man's family 

14

Trial of Gamal Abdalla Omer Ali, report No 64/96, under article (149) of criminal act before Alhawaha District court

On 24/2/1997 a criminal case was moved against the mentioned from the father of Abia Tisfai to the effect that the mentioned raped his daughter at gunpoint.

     The court considered the case and it became clear that the complainants daughter had more than one relationship with anumber of persons. Before that she gave birth to a baby illegitimately.

    The child died in an unknown manner the court decision was that the accusation was to be dropped 

Dropping of accusation of the mentioned

15

Traial of soldier/ Taha Gamal Adeen under Articles (123), (178) of criminal (Act)

In 1995 the mentioned was accused of being involved with other in forging licenses of camels export in the export administration in the bank of Sudan and the taking of money in return for that. Immunity was lifted from the mentioned and tried in court. Procedures were dropped for lack of evidence.  

Dropping of accusation for lack of evidence.