A SUDANESE PRIEST CHARGED WITH APOSTASY AS EIGHT SUDANESE CHRISTIANS FORCED TO RETURN TO ISLAM AFTER ALLEGED TORTURE

CORRECTION: A SUDANESE PRIEST CHARGED WITH APOSTASY AS EIGHT SUDANESE CHRISTIANS FORCED TO RETURN TO ISLAM AFTER ALLEGED TORTURE

(30 October 2018) The African Centre for Justice and Peace Studies (ACJPS) calls upon the Sudanese Government to urgently investigate the reported torture and ill-treatment of 9 Christian citizens who were detained by the National Intelligence and Security Services on allegations of apostasy. The ACJPS further calls on Sudan to: drop the pending apostasy charges against the Darfurian Priest; ensure the respect for religious rights and guarantee individual’s freedom of religious creed and worship as provided for under the Interim National Constitution, 2005 and international human rights treaties to which Sudan is a state party to. 

On 13 October 2018, the National Intelligence Security Services (NISS) of Nyala, South Darfur arrested 12 Christians from a local church located in Al Matar neighborhood of Nyala. They were then detained at the NISS offices in Nyala. 3 of the 12 Christians are from the Nuba tribe (Kawaleeb) of South Kordofan and were released after 2 hours.  

The remaining 9 Christians, originally from Darfur, were detained for 5 days. On 21 October 2018, 8 of the 9 Darfurian Christians were released after they denounced Christianity and announced Islam. Before their release, they were charged with the offence of public disturbance under Article 77 of the Sudanese Criminal Act of 1991.  ACJPS has their names on file. The remaining detainee, a Priest, was charged with apostasy under Article 126 of the Sudanese Criminal Act of 1991 after he refused to return Islam. He was released on bail on 22 October 2018.  

It is reported that whilst in detention, they were subjected to torture and/or ill-treatment. According to information received, the arrested persons were beaten with hose pipes, slapped, kicked and boxed. As a result of the ill-treatment, four of them sustained serious injuries. They are having difficulty in walking and two are currently passing out blood from their private parts. Arrangements are being made to have them transferred from Nyala to Khartoum for further treatment. 

ACJPS remains concerned about the provision of the crime of apostasy and the provision of the death penalty as punishment for those found guilty of apostasy. ACJPS is further concerned discriminatory application of legislation by the authorities against Sudanese non-Muslims. ACJPS condemns the use of the death penalty in all cases and calls on the government of Sudan to respect the right to freedom of religion and abolish the crime of apostasy.   

The UN Human Rights Committee has recommended that Sudan abolish the crime of apostasy given its incompatibility with right to freedom of thought, conscience and religion as guaranteed under the International Covenant on Civil and Political Rights to which Sudan is a state party to. 

ACJPS calls on the Government of Sudan to immediately ensure an effective, independent and impartial investigation into the allegations of torture and ill-treatment and hold those responsible to account. 

 Background 

Increasing restrictions on religious freedoms have been documented, particularly targeting members of Christian churches in Sudan. This has included raids on churches and harassment and arrests of church members by the NISS. 

Under Article 126 of the 1991 Criminal Act, a Muslim who renounces Islam is guilty of “apostasy”, punishable by death unless he or she recants within three days. The provision undermines constitutional and international freedom of religion guarantees. In January 2015, Sudan amended article 126 to widen the definition of apostasy to target other schools of Islam as well as anyone who questions the “credibility of the Quran, the Sahaba (the four Caliphs), or the wives of the Prophet”. 

On 8 May 2017 criminal charges under article 126 (apostasy) and 69 (disturbance of the public peace) of the 1991 Criminal Act were filed by the prosecutor of Omdurman against Mohamed Salih Aldisogi, (m), 23 years of age, after he attempted to change his religion on his state identification documents from Muslim to “non-religious”. The charges against Mr. Aldisogi were later dropped by the prosecutor of Omdurman after a state appointed psychiatrist found him to be not mentally competent to stand trial. 

On 15 May 2014, Al-Haj Yousef Criminal Court in Khartoum Bahri confirmed the sentence of 100 lashings and the death penalty by hanging against 27-year old Meriam Yahia Ibrahim, a Christian woman convicted for adultery and apostasy. Meriam gave birth in her prison cell, shackled, before her convictions were overturned on appeal. 

On 29 July 2011, 150 people were arrested by police in Hay Mayo, South Khartoum.  All are members of the Hausa ethnic group and from Darfur.  While 21 individuals (children and the elderly) were immediately released, 129 were subsequently charged with apostasy, disturbance of the public peace, and being a public nuisance under Articles 126, 69 and 77 of the 1991 Sudanese Penal Code respectively (Case No. 2157/2011).  The most serious of these charges, apostasy, carries a maximum sentence of death.  The case is being tried in Al Nasar Criminal Court, Hay Mayo, South Khartoum and is presided over by Judge Ussma Ahmed abd Alla. 

ACJPS recently published a report on the implementation of the crime of apostasy in Sudan. 

Contact: 

Mossaad Mohamed Ali, Executive Director, African Centre for Justice and Peace Studies ACJPS. (English, Arabic, Swedish): +46764325862