Woman at Risk of Hanging
SOAT
On 11 February 2005, police forces in Zalingy, Western Darfur State arrested a Mrs. Fanna Souker Saw, 26 yrs, a Christian woman belonging to the Dinka tribe on suspicion of committing adultery (Zina).
Mrs. Fanna’s husband Mr. Dominic Abiro Coca, a sergeant working for the armed forces brought the case of alleged ‘Zina’ against Mrs. Fanna to the police forces in Zalingy. Mr. Dominic alleges that Mrs. Fanna is his wife and that he has been absent from Zalingy for two years and that she had conceived and given birth in his absence. Reportedly the baby is 7 months old.
Mrs. Fanna is currently detained at police offices in Zalingy and is charged with article 146 (Adultery) of the 1991 Penal Code. If convicted, Mrs. Fanna is at risk of execution by stoning.
The arrest of Mrs. Fanna Souker contradicts the declared government commitment to the Machakos Protocol (July 2002) and the subsequent six protocols based on this protocol including the Comprehensive Peace Agreement (CPA) signed on 9 January 2005. SOAT recalls the GoS’s position on the status of national capital; “The National Capital shall be a symbol of national unity that reflects the diversity of Sudan. It administration shall be representative. Khartoum shall be the capital of the Republic of the Sudan.” In addition under article 2.5.2, “All human rights and fundamental freedoms as specified in the Machakos Protocol, and in the Agreement herein, including respect for all religions, beliefs, and customs shall be respected and enforced in the National Capital, as well as throughout the whole of Sudan”. The continued targeting of people from Southern Sudan undermines the fundamental principles of the CPA and thus is unacceptable.
SOAT is gravely concerned that the government of Sudan is increasingly carrying out punishments of this nature against women. Punishments such as lashing, stoning and amputation constitute cruel, inhuman and degrading treatment according to the UN Convention Against Torture and the International Covenant of Civil and Political Rights.
SOAT urges the Government of Sudan to:-
i. Immediately cease the use of cruel, inhuman and degrading punishments
ii. Take all necessary measures to ensure the physical and psychological integrity of Mrs. Fanna Souker
iii. Ensure that Mrs. Fanna Souker has access to legal advice
iv. Ensure that all trials are fair and are held before an impartial and competent tribunal
v. Guarantee the procedural rights of defendants at all times
vi. Guarantee respect for human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards, and conform to all recommendations made by the Human Rights Committee.
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