Rights group urges Sudan to drop charges in ‘trouser trial’

September 5, 2009 (KHARTOUM) — Amnesty International on Friday urged the Sudanese government to withdraw the charges against a female journalist who risks 40 lashes for wearing trousers.

Lubna Ahmed Al-Hussein who had been arrested with other Sudanese girls by the Public Order Police earlier in July for wearing trousers, was charged by the Public Order Police POP of “indecent” clothing and is facing up to 40 lashes and a fine of 250 Sudanese pounds ($100).

The judge on August 4 adjourned the trial to September 7 so that the court can receive opinion of the Sudanese foreign ministry on the whether her resignation from the UN mission in Sudan automatically revokes her immunity at the date the incident happened.

Amnesty International said in a press release issued last Friday the law used to justify the flogging of women for wearing clothes deemed to be “indecent” should be repealed.

“The manner in which this law has been used against women is unacceptable, and the penalty called for by the law – up to 40 lashes – abhorrent,” said Tawanda Hondora, Deputy Director of Amnesty International’s Africa Programme.

Article 152 of the Sudanese Penal Code 1991 states, in summary, that: Whoever does in a public place an indecent act or wears an obscene outfit shall be punished with flogging which may not exceed forty lashes or with fine or with both, Amnesty said.

“The law is crafted in a way that makes it impossible to know what is decent or indecent,” said Tawanda Hondora. “In practice, women are routinely arrested, detained, tried and then, on conviction, flogged simply because a police officer disapproves of their clothing. The law is also discriminatory, in that it is used disproportionately against women.”

In 2003, the African Commission ordered Sudan to amend Article 152 on the grounds that flogging amounted to state-sanctioned torture, after eight women brought a case against the government when they were arrested for publicly picnicking with male friends.

The eight were flogged in public using a wire and plastic whip, which reportedly left permanent scars on the women. The government has made no moves to amend the law since the Commission’s decision.

“No one should be flogged. This is cruel, inhuman and degrading treatment and flies in the face of international law and common standards of human decency,” said Tawanda Hondora.

Hussein’s case has triggered widespread outrage at home and abroad. She received the support of many political parties and civil society groups. Also, 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.

(ST)