Sudan
19.02.02
Urgent Interventions

Sudan, Woman Sentenced to 75 Lashes

VIOLENCE AGAINST WOMEN
Case SDN 040102.2 VAW
Second follow up of Case SDN 040102
Sentence to 75 lashes immediately carried out

The International Secretariat of OMCT has received new information concerning the woman who was sentenced to death by stoning in Sudan.

New Information
The International Secretariat of OMCT has been informed by the Sudanese Victims of Torture Group (SVTG), a member of the OMCT network, that Abok Alfa Akok, a 18 year old pregnant Dinka woman, was sentenced by the Criminal Court in Nyala on 12 February to 75 lashes. The sentence was carried out immediately, on the same day as sentencing, after which Abok was released.
According to the information received, the lawyer acting on Abok’s behalf has launched an appeal to the High Court on the grounds that the sentence was given and immediately executed, thus making it impossible for Abok to seek legal advice and preventing her from exercising any right of appeal.
The International Secretariat of OMCT is very concerned for the physical and psychological integrity of Abok Alfa Akok. OMCT unreservedly condemns the use of such punishments, which clearly violate 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.

Brief reminder of the situation

The International Secretariat of OMCT was informed by the Sudanese Victims of Torture Group (SVTG) of the sentencing to death by stoning of a young women named Abok Alfa Akok from Nyala City, Southern Darfur.

According to the information received, on 8 December 2001, Abok Alfa Akok, a Christian woman of 18 years of age from the Dinka tribe, was sentenced to death by stoning by the criminal court in Nyala City, Southern Darfur, for the crime of adultery.

The sentence was based on Article 146 of the Sudan’s 1991 Penal Code, which is based upon the government’s interpretation of the Shari’a (Islamic law), and which states that whoever commits the offence of adultery shall be punished with:
1. Execution by stoning when the offender is married (muhsan);
2. One hundred lashes when the offender is not married (non-muhsan);
3. Male, non-married offenders may be punished, in addition to whipping, with expatriation for a year.

According to the information received, the lawyer has stated that Abok Alfa Akok has not received a fair trial and an appeal has been submitted against the sentence on 11 December 2001.
The Court of Appeal in Southern Darfur overturned the sentence of death by stoning which was issued to Abok, and sent the case back to the lower criminal court in Nyala for new sentencing.
Actions requested

The International Secretariat of OMCT would like to thank all of the institutions, organisations and individuals who intervened on behalf of Abok Afa Akok and would like to ask these individuals and groups to continue to write to the Sudanese authorities urging them to:

i. guarantee the physical and psychological integrity of Abok Alfa Akok and ensure her access to medical care;

ii. take all necessary measures to secure the respect of the rule of law in Sudan which includes the respect of the prohibition of 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 and corporal punishment;

iii. ensure the right to a fair trial to all individuals in Sudan, and allow them to effective access to legal representation;

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

Addresses:

· His Excellency Ambassador Ibrahim Mirghani Ibrahim, Permanent Mission of Sudan to the United Nations in Geneva, Case Postal 335, 1211 Geneva 19, fax : 0041 (0) 22 731 26 56, email: mission.sudan@ties.itu.int.

· 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

· 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)

· Mr Mustafa Osman Ismail, Minister of Foreign Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan

Given the lack of working fax numbers for the government officials above, please send the appeals by standard mail and also write to the embassies of Sudan in your respective country.

Geneva, 19 February 2002

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