Sudan
19.03.04
Urgent Interventions
Sudan: Woman sentenced to 100 lashes of the whip on charges of adultery in Nyala
Case SDN 190304.VAW
Violence against women / Corporal Punishment
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 22 year old woman has been sentenced to 100 lashes of the whip on charges of adultery in Sudan.
According to the information received, Ms. Razaz Abaker, 22 years old, was sentenced to 100 lashes of the whip for committing Zina, illegal sexual intercourse. The sentence was handed down by the Nyala Criminal Court on 13 March 2004. The 27 year old man who was charged with having had sex with Ms. Razaz was acquitted by the same court on the basis of insufficient evidence against him.
This case was brought based on claims that Ms. Razaz gave birth to a child three years ago outside of marriage, after having had sex with a 22 year old man. A policeman brought the case to the attention of the Attorney General on 13 March 2004. On the same day, the Attorney General interrogated Ms. Razaz and she confessed to having had sex with the man in question. She claimed that he raped her and had promised to marry her.
On the same day, Ms. Razaz was convicted by the court and sentenced to 100 lashes of the whip, which was carried out immediately, with no possibility of legal assistance or appeal.
In Sudan, the Penal Code provides that a person can be convicted of Zina if (1) four witnesses testify to the act, (2) a person confesses to the act, or (3) for women, if they are pregnant and unmarried.
OMCT expresses its grave concern for the physical and psychological integrity of Ms. Razaz and unreservedly condemns the use of corporal punishment, which clearly violates international human rights standards that prohibit the use of torture. OMCT is also gravely concerned about the immediate infliction of punishment with no opportunity for appeal or legal consultation. OMCT would like to recall that the government of Sudan is a State Party to the International Covenant on Civil and Political Rights, which prohibits torture. Sudan has failed to sign the Convention on the Elimination of All Forms of Discrimination Against Women, a signal of the government’s failure to adequately protect women’s rights.
Action requested
Please write to the authorities in Sudan urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of Ms. Razaz Abaker;
ii. guarantee that adequate reparation is provided to Ms. Razaz Abaker;
iii. take all necessary measures to ensure respect for the international human rights instruments to which Sudan is party, which includes respect for the prohibition of torture and cruel, inhuman or degrading treatment and punishment, such as the practice of corporal punishment;
iv. guarantee women their human rights, including their right to be free from discrimination, their right to legal counsel and a fair trial, and their right to be free from torture and cruel, inhuman or degrading treatment or punishment, in line with international laws and standards;
v. ratify the Convention on the Elimination of All Forms of Discrimination Against Women as well as the Convention against Torture;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· His Excellency Lieutenant General Omar Hassan al-Bashir, President of the Republic of Sudan, President' s Palace, PO Box 281, Khartoum, Sudan, Fax: + 24911 783223
· Mr Ali Mohamed Osman Yassin, Minister of Justice and Attorney General, Ministry of Justice, Khartoum, Sudan, Fax: + 24911 788941
· Mr Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, Fax: + 24911 779383
· Mr. Yasir Sid Ahmed, Advisory Council for Human Rights, PO Box 302, Khartoum, Sudan, Fax: + 24911 770883
· His Excellency Ambassador Mr. Ibrahim Mirghani Ibrahim, Permanent Mission of the Republic of Sudan to the United Nations in Geneva, PO Box 335, 1211 Geneva, Switzerland, Fax: +4122 731 26 56, E-mail: mission.sudan@ties.itu.int.
Please also write to the embassies of Sudan in your respective country.
Geneva, March 19, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Violence against women / Corporal Punishment
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 22 year old woman has been sentenced to 100 lashes of the whip on charges of adultery in Sudan.
According to the information received, Ms. Razaz Abaker, 22 years old, was sentenced to 100 lashes of the whip for committing Zina, illegal sexual intercourse. The sentence was handed down by the Nyala Criminal Court on 13 March 2004. The 27 year old man who was charged with having had sex with Ms. Razaz was acquitted by the same court on the basis of insufficient evidence against him.
This case was brought based on claims that Ms. Razaz gave birth to a child three years ago outside of marriage, after having had sex with a 22 year old man. A policeman brought the case to the attention of the Attorney General on 13 March 2004. On the same day, the Attorney General interrogated Ms. Razaz and she confessed to having had sex with the man in question. She claimed that he raped her and had promised to marry her.
On the same day, Ms. Razaz was convicted by the court and sentenced to 100 lashes of the whip, which was carried out immediately, with no possibility of legal assistance or appeal.
In Sudan, the Penal Code provides that a person can be convicted of Zina if (1) four witnesses testify to the act, (2) a person confesses to the act, or (3) for women, if they are pregnant and unmarried.
OMCT expresses its grave concern for the physical and psychological integrity of Ms. Razaz and unreservedly condemns the use of corporal punishment, which clearly violates international human rights standards that prohibit the use of torture. OMCT is also gravely concerned about the immediate infliction of punishment with no opportunity for appeal or legal consultation. OMCT would like to recall that the government of Sudan is a State Party to the International Covenant on Civil and Political Rights, which prohibits torture. Sudan has failed to sign the Convention on the Elimination of All Forms of Discrimination Against Women, a signal of the government’s failure to adequately protect women’s rights.
Action requested
Please write to the authorities in Sudan urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of Ms. Razaz Abaker;
ii. guarantee that adequate reparation is provided to Ms. Razaz Abaker;
iii. take all necessary measures to ensure respect for the international human rights instruments to which Sudan is party, which includes respect for the prohibition of torture and cruel, inhuman or degrading treatment and punishment, such as the practice of corporal punishment;
iv. guarantee women their human rights, including their right to be free from discrimination, their right to legal counsel and a fair trial, and their right to be free from torture and cruel, inhuman or degrading treatment or punishment, in line with international laws and standards;
v. ratify the Convention on the Elimination of All Forms of Discrimination Against Women as well as the Convention against Torture;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· His Excellency Lieutenant General Omar Hassan al-Bashir, President of the Republic of Sudan, President' s Palace, PO Box 281, Khartoum, Sudan, Fax: + 24911 783223
· Mr Ali Mohamed Osman Yassin, Minister of Justice and Attorney General, Ministry of Justice, Khartoum, Sudan, Fax: + 24911 788941
· Mr Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, Fax: + 24911 779383
· Mr. Yasir Sid Ahmed, Advisory Council for Human Rights, PO Box 302, Khartoum, Sudan, Fax: + 24911 770883
· His Excellency Ambassador Mr. Ibrahim Mirghani Ibrahim, Permanent Mission of the Republic of Sudan to the United Nations in Geneva, PO Box 335, 1211 Geneva, Switzerland, Fax: +4122 731 26 56, E-mail: mission.sudan@ties.itu.int.
Please also write to the embassies of Sudan in your respective country.
Geneva, March 19, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.