Sudan
17.06.02
Urgent Interventions

'Sudan: Alawiya Mohamed Abdullah sentenced to 100 lashes for adultery

VIOLENCE AGAINST WOMEN
Case SDN 170602.VAW
Woman Sentenced to 100 lashes

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Sudan.

Brief description of the situation
The International Secretariat of OMCT has been informed by the Sudanese Organisation Against Torture (SOAT), a member of the OMCT network, that a woman was sentenced to 100 lashes of the whip by a court in Nyala on 4 June 2002.
According to the information received, Alawiya Mohamed Abdullah, from Kad al Haboub, 6 kilometres east of Nyala in Darfour province, was found guilty of adultery and sentenced in accordance with Article 146 of the 1991 Penal Code.
Article 146 states that whoever commits the offence of adultery shall be punished with:-
a) execution by stoning when the offender is married (Muhsan)
b) one hundred lashes when the offender is not married (non-muhsan)
The presiding judge in the court was Judge Mutaz Nasr El Din who reportedly has a record of handing down other similar punishments.
The sentence was given and executed on the same day without allowing any opportunity for appeal. No medical checks were carried out before the execution of the sentence, despite the fact that Alawiya has recently given birth, is currently breast feeding, and is generally in a very poor state of health.
The man involved in the incident of adultery was found not guilty due to lack of evidence against him.
OMCT is gravely concerned for the physical and psychological integrity of Alawiya Mohamed Abdullah. It notes with grave concern that corporal punishments, such as lashing, amputation and stoning are increasingly being carried out as punishments against the people of Darfour, especially women (see urgent appeal SDN 040201VAW and its two follow ups).

OMCT unreservedly condemns the use of such punishments which violates international human rights standards as embodied in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights to which Sudan is a signatory and a State party respectively.

Actions requested

Please write to the Sudanese authorities urging them to:

i. guarantee the physical and psychological integrity of Alawiya Mohamed Abdullah;

ii. take all necessary measures to secure the respect of the rule of law in Sudan which includes the respect for the prohibition on torture and cruel, inhuman and degrading treatment and punishment and amend the Sudanese legislation as a matter of priority, in order to abolish the death penalty;

iii. guarantee women their human rights, including their right to be free from discrimination and their right to be free from torture and inhuman and degrading treatment or punishment;

iv. ensure in all circumstances the full respect of human rights and fundamental freedoms in accordance with national and international standards.

Addresses:

His Excellency Lieutenant General Omar Hassan al-Bashir, President of the Republic of Sudan, People’s Palace, PO Box 281, Khartoum, Sudan, Telex: 22385 PEPLC SD or 22411 KAID SD- Fax: +249 11 771 7 24

Mr Ali Osman Yasin, Minister of Justice and Attorney General, Ministry of Justice, Khartoum, Sudan. Telex:22459 KHRJA SD or 22461 KHRJA SD (via Ministry of Foreign Affairs) – Fax: +249 11 7740 63

Mr Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, Telex: 22459 KHRJA SD or 22461 KHRJA SD – Fax: 249 11 7740 63

Please also write to the embassies of Sudan in your respective country.


Geneva, 17 June 2002

Kindly inform us of any action undertaken quoting the code of this appeal in your reply