Death by stoning still exists in a country where women are putting their lives on the line to lead change
Sudanese civil society press statement
On the 27th of July 2022, a 20-year-old young woman was sentenced to death by stoning for allegedly committing the crime of adultery in Kosty city (White Nile region) by Criminal Court Judge, Mohamed Haroon. Despite being a clear violation of international human rights standards against the use of torture and cruel or unusual punishment, stoning is still included as an obligatory sentence for certain crimes under the Sudanese Criminal Act of 1991, which remains in effect today. The court’s ruling against this young woman speaks to the miserable state of Sudan’s legal framework, even when a revolution led by women took place only two years ago and while Sudanese women are still on the frontlines of resistance. This sentencing comes at a time when Sudanese women are still enduring setbacks in their struggle for equality and human rights as a result of the October Coup and the ramifications of militarization and the re-emerging of militant Islamists in Sudan.
This sentencing violates the young woman’s non-derogable constitutional rights and sheds light on the violence Sudanese courts are inflicting on women. Sadly, this case is not an isolated case, rather, over the last 40 years, Sudan’s legal system has been characterized by such cases, which are rooted in a militant Islamist ideology designed to terrorize the Sudanese people into a submissive state, especially women and minority groups. Article 146 of the Sudanese Criminal Act of 1991 currently provides that death by stoning is the punishment for adultery if committed by a married person whereas sexual intercourse between a man and woman who are not married carries the lesser sentence of 100 lashes.
The Sudanese Procedural Act also violates women’s rights by allowing the waiver of having a legal representative during legal proceedings, which breaches women’s right to a fair trial and jeopardizes their lives. Within this oppressive system, laws are applied based on the discriminatory discretion of male-dominant courts and prosecutor offices that often abuse people’s limited awareness of the law and corresponding punishments.
Over the last few decades, Sudanese courts have convicted several women for adultery charges and sentenced them to death by stoning. Due to the relentless efforts of activists and the international solidarity they have inspired, these stoning sentences were not enforced, and the cases were dismissed at the appellate level. Among the cases that received international attention and shed light on the gender-discriminatory nature of the Sudanese Criminal Act is the case of Mariam Yahya who was sentenced for adultery and apostasy in 2016. Yahya’s case has received widespread solidarity and ignited a global campaign. Intsar El Sherif Abdalla was sentenced to death by stoning in 2012, but her sentencing was repealed following activists’ persistent campaigning.
However, activists’ capacity is limited and they cannot support all the hundreds of women who are suffering in Sudanese jails at the moment for morality-related charges, many of whom are survivors of sexual violence crimes themselves. The number of women in Omdurman Women’s Prison exceeds the prison’s maximum capacity of 500 prisoners, as the current number of women being held there is above 1,500, in addition to the children accompanying their incarcerated mothers. The majority of the prisoners have been charged under the morality laws of the Sudanese Criminal Act, for supposed crimes such as indecency, adultery, and brewing alcohol.
For more than two years Sudan’s transitional government, which governed the nation following the December 2018 popular revolution, failed to establish any changes to Sudan’s legal framework, which continues to openly criminalize women and girls and contribute to their subordination and inequality. The transitional government has also failed to address the continued human rights violations occurring within Sudan. The Personal Status Law, for example, continues to allow sexual violence against the female child under the pretext of marriage as early as 10 years old. Sudan’s Prime Minister and the Minister of Justice during the transition, unfortunately, yielded to pressure from political Islamists and chose to turn a blind eye to the misery of women and girls’ situations and their struggles.
The Sudanese Coup of October 2021 has emboldened the use of state-sponsored violence against women. IDPs, refugees, migrant women and girls, and women’s rights defenders continue to be the primary targets of the aggression of Sudan’s legal system, the police, and the judiciary.
As civil society activists and advocates, we stress the fact that Sudan is governed by a dysfunctional justice system, where the country continues to contradict its obligations under international human rights laws. Sudan has failed to integrate its ratification of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) and the International Covenant of Civil and Political Rights (ICCPR) into its national laws. Especially the non-derogable rights under Article 4, which include the right to life (Article 6), the right to a fair trial (Article 14), and freedom from torture and cruel, inhuman, and degrading treatment and punishment (Article 7).
Unfortunately, Sudan has yet to ratify the Convention on the Elimination of All Forms of Discrimination Against Women (CEADW) and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol).
We call on the human rights community, the African Union, the Arab League, and United Nations bodies to demand that Sudan observe women’s rights and prevent continued acts of brutality.
We demand that Sudanese political parties and organizations conduct a thorough review and reform of Sudanese laws including the Criminal Act and Family Law, abolish the punishment for adultery, and remove all inhumane forms of punishment from the Sudanese legal system.
We demand that Sudanese political actors, international actors, and friends of Sudan prioritize strengthening the capacity of women’s rights advocates and lawyers.
We demand investing in and strengthening the Sudanese judiciary and rule of law institutions particularly in enabling women’s access to justice. As this remains to be a crucial element for achieving women’s rights and a critical element in establishing peace and security.
Press statement by
1. SIHA Network.
2. People Legal Aid Center (PLAC).
3. Join the Committee (خشي اللجنه ).
4. Midanik feminist movemnet.
5. Darfur Bar Association (DBA).
6. Insaan Legal Aid Center.
7. Royat legal.
8. Sudanese Human Rights Defenders for Legal Aid Center.
9. Own for legal aid.
10. Self help Association.
11. Noura for combating Violence against women and girls.
12. Women Lawyers for Change.
13. Sudanese Foundation for transitional Justice.
14. Albardi Organization for peace and development
15. Ganadeel for Community development
16. Sawa Foundation for Peace and Development
17. Gender Equality Network – Darfur Region
18. Himaya Organization for Justice and development
19. The Civil Society Network for transitional transformation – Darfur region.