‘Trousers’ trial of Sudanese journalist adjourned amid protests

August 4, 2009 (KHARTOUM) — A Sudanese court today postponed the trial of a female journalist accused of wearing “indecent” clothes as police beat women protesting in her support.

Lubna Hussein, a journalist and at the time a public information officer at the UN Mission in Sudan (UNMIS), was arrested last month by Public Order Police (POP) with more than half a dozen girls and were charged with violating dress code under Article 152 of Sudanese law.

The crime is punishable with up to 40 lashes and a fine of 250 Sudanese pounds ($100).

Hussein, unlike most of the other girls, refused to admit the charge and asked to go to trial.

However, her situation was complicated with the immunity she possesses being a UNMIS employee. The journalists said she waived her immunity rights and resigned from the UN.

The judge today adjourned the session so that the court can receive opinion of the Sudanese foreign ministry on the whether her resignation automatically revokes her immunity at the date the incident happened.

One of the defense lawyers Jalal al-Sayed argued before the court that she enjoyed immunity incident to her UN employment status, against Hussein’s wishes.

Hussein emerged from the courtroom flashing the victory sign expressing dissatisfaction that the case was temporarily put on hold.

“The court should not have delayed the trial,” she told journalists.

“I am not afraid of flogging. … It’s about changing the law,” Hussein told The Associated Press (AP).

Hussein further said she would take the issue all the way to Sudan’s constitutional court if necessary, but that if the court rules against her and orders the flogging, she’s ready “to receive (even) 40,000 lashes” if that what it takes to abolish the law.

The journalist was received by a crowd of around a 100 women, many wearing trousers, including prominent figures such as Rabah Al-Sadiq Al-Mahdi, daughter of former Sudanese prime minister, who waited outside the courtroom holding signs protesting the ‘indecency’ law provisions.

But Sudanese police fired tear gas and beat the protestors as well as some of Hussein’s female lawyers including Manal Awad Khogali.

The Sudanese media, subject to state censorship, are not covering the case of Hussein.

However, today Sudan official news agency (SUNA) reported today on a forum held to discuss “public appearance” that discussed provocative dressing by women in a subtle reference to Hussein’s case.

Rabie Abdel-Attie, a leading figure at the ruling National Congress Party (NCP) government, called the uproar over the case politically motivated and said only the constitutional court can decide to repeal the law.

“There is no need for all that noise. There are clearly political motivations behind this thrust,” he said.

The Sudan People Liberation Movement (SPLM) deputy Secretary General Yasir Arman accused POP of “taking advantage of the women they arrest and bargain with them for their honor and exploit their fear from their families.

The POP has reportedly filed a police complaint and began proceedings to lift the immunity of Arman in order to try him before the court in light of his comments.

U.N. Secretary-General Ban Ki-moon said he was “deeply concerned” about Hussein’s case and that flogging is a violation of international human rights standards.

The case threatens to become an embarassment for Sudan amid growing international attention.

An observor told Sudan Tribune from Khartoum that he expects the court to dismiss the charges on grounds of immunity as a “face saving” alternative to the government.

(ST)