Update: Six-months imprisonment for a 20-year-old woman previously sentenced to death by stoning for adultery

(16 December 2022) On 14 December 2022, Kosti Criminal Court in White Nile State presided by Judge Haroun Adam concluded the re-trial of Ms. Maryam Tiyrab, a 20-year-old woman previously (during the first trial) convicted of adultery and sentenced to death by stoning. During the re-trial, court found that Ms. Tiyrab was guilty of “Gross indecency” under article 151 of Sudanese Penal Code, 1991 and sentenced her to 6 months imprisonment at Kosti prison located in White Nile state.

The re-trial was delayed because of unnecessary adjournments. For example, on 5^th December, the court session was adjourned because the complainant was absent. On 12^th December, another court session was adjourned because the judge was absent.

The court’s decision to amend the offence from adultery under article 146 to gross indecency under article 151 of Sudanese Penal Code, 1991 came after Ms. Tiyrab retracted her confession which was the only evidence used against her by the prosecution. This was because the manner/procedure in which the confession was obtained was tainted with irregularities and could not be used as evidence in court. The court session was attended by the accused and her legal representatives, two female lawyers providing a legal aid.

On 27 November 2022, during one of the court sessions, the defense counsels submitted that Ms. Tiyrab was legally divorced for approximately eight months and went to live at her family home. Based on this submission, court granted Ms. Tiyrab bail. It is on this basis that the court also amended the offence from adultery to gross indecency.

The re- trial of Ms. Tiryab was ordered and directed by the Court of Appeal on 24^th November 2022 with clear recommendation to be implemented by criminal court during re-trial as documented by ACJPS on 25 November 2022. ACJPS has been following this case since June 2022 when the criminal court of Kosti found Ms. Tiyrab guilty of adultery under article 146 (2) of Sudanese Penal Code 1991 and sentenced her to death by stoning.

ACJPS declares its solidarity with Ms. Tiyrab and condemns the unfair re-trial as the court did not have jurisdiction to amend the offence/charge and convict the accused. Additionally, Kotsi Prison where Ms. Tiyrab is serving her sentence is in very poor condition which can be described as a torture center and not a correction center. We further applaud the efforts of the two female human rights lawyers namely, Ms. Entisar Mahjoob and Ms. Ibithal Omer for their great work of giving Ms. Tiyrab legal representation during the appeal and re-trial process.