African Centre for Justice and Peace Studies ACJPS | المركز الافريقي لدراسات العدالة و السلام
(21 October 2022) On 26 June 2022, presiding judge Haroun Adam of Kosti criminal court in White Nile State sentenced to death by stoning, M. a 20-year-old after she was found guilty of violating article 146 (2) (adultery) of the Sudanese Penal Code 1991. The sentence is yet to be approved by the High Court. The African Centre for Justice and Peace Studies (ACJPS, member of FIDH) calls on Sudanese authorities to overturn the sentence of death by stoning which was applied in violation of the rights to fair trial and in violation of the right to life and imposing cruel, inhuman and degrading punishment and guarantee M. immediate and unconditional release, and right to fair trial.
M had separated from her husband and had resultantly moved back to her family’s home. She was interrogated by a police investigator who allegedly illegally obtained a confession from her. ACJPS has been reliably informed that the investigating police officer did not inform M. that the information she shared during her interrogation would be used as evidence against her during her trial.
M’s trial was also tainted with several irregularities, for example, her trial commenced without obtaining a formal complaint from the police in Kotsi. M. was also denied legal representation. Under Article 135(3) of the Sudanese Criminal Procedure Code 1991, a defendant is entitled to legal representation in any criminal case that carries a punishment of 10 years or more imprisonment, amputation, or death. The charge and penalty were not explained to M either. Authorities have also failed to refer the file to the high court for approval.
The application of the death penalty by stoning for the crime of adultery (zina) is a grave violation of international law, including the right to life and the prohibition of torture and cruel, inhuman, or degrading treatment or punishment, set out in the International Covenant on Civil and Political Rights (ICCPR) to which Sudan is a State Party. Article 6 of the ICCPR stipulates that, “sentence of death may be imposed only for the most serious crimes”. Most cases of adultery in Sudan are issued against women, highlighting the discriminatory application of the legislation, in violation of international law that guarantees equality before the law and non-discrimination based on gender.
ACJPS and FIDH urge Sudanese authorities that are the Sovereign Council and Ministry of Justice to:
- Immediately remove the penalty of stoning in article 146 (2) from Sudan Penal Code and abolish the death penalty in Sudan legal system ;
- Prioritize legal and institutional reforms including review and amend the laws to ensure absolute prohibition of torture including state-sanctioned torture.
