20-YEAR-OLD WOMAN SENTENCED TO DEATH BY STONING FOR ADULTERY

(9 July 2022) On 26 June 2022, presiding judge Haroun Adam of Kosti criminal court in White Nile State sentenced to death by stoning, Ms. Maryam Alsyed Tiyrab, a 20-year-old after she was found guilty of violating article 146 (2) (adultery) of the Sudanese Penal Code 1991. The sentence is yet to be approved by the High Court. The African Centre for Justice and Peace Studies (ACJPS) calls on Sudanese authorities to overturn the sentence of death by stoning which was applied in violation of both domestic and international law and guarantee Ms. Tiyrab’s immediate and unconditional release, and right to fair trial.

Ms. Tiyrab had separated from her husband and had resultantly moved back to her family’s home. She was interrogated by a police investigator who allegedly illegally obtained a confession from her. ACJPS has been reliably informed that the investigating police officer did not inform Ms. Tiyrab that the information she shared during her interrogation would be used as evidence against her during her trial.

Ms. Tiyrab’s trial was also tainted with several irregularities, for example, her trial commenced without obtaining a formal complaint from the police in Kotsi. Ms. Tiyrab was also denied legal representation. Under Article 135(3) of the Sudanese Criminal Procedure Code 1991, a defendant is entitled to legal representation in any criminal case that carries a punishment of 10 years or more imprisonment, amputation, or death. The charge and penalty were not explained to Ms. Tiyrab either. Authorities have also failed to refer the file to the high court for approval.

The application of the death penalty by stoning for the crime of adultery (zina) is a grave violation of international law, including the right to life and the prohibition of torture and cruel, inhuman, or degrading treatment or punishment, set out in the International Covenant on Civil and Political Rights (ICCPR) to which Sudan is a State Party. Article 6 of the ICCPR stipulates that, “sentence of death may be imposed only for the most serious crimes”. Most cases of adultery in Sudan are issued against women, highlighting the discriminatory application of the legislation, in violation of international law that guarantees equality before the law and non-discrimination based on sex.

On 10^th August 2021, Sudan ratified the convention Against Torture, 35 years after adding its signature to the international treaty in 1986. Therefore, execution by stoning as a form of state-sanctioned torture is a breach of Sudan’s human rights obligations.

26 June marked the anniversary of the entry into force of the UN Convention Against Torture. ACJPS joins the international community in the commemoration of this day and stands in solidarity with Victims of Torture. ACJPS would also like to take this opportunity to urge Sudanese authorities to prioritize legal and institutional reforms including review and amend the laws to ensure absolute prohibition of torture including state-sanctioned torture.

The Constitutional Declaration of 2019 still approves death penalty including for a hudud crimes like adultery. ACJPS condemns the use of the death penalty in all cases. This case underscores the urgent need for the authorities of Sudan to issue an immediate moratorium on all executions in Sudan with a view to abolishing the death penalty and to revise all legislation that has the purpose or effect of discriminating against women.

Background

In July 2020, the Transitional Government announced significant reforms to Sudan’s Criminal Act including the repealing of provisions providing the punishment of flogging. This is a great step towards meeting state obligation to adopt legislative measures prohibiting torture. However, provisions prescribing the punishment of stoning remain especially in the case of adultery. Most adultery cases and stoning sentences have been imposed on women, pointing to the disproportionate and unequal application of this law. The Human Rights Committee in its concluding observations has called on the government of Sudan to abolish death by stoning but Sudanese authorities are yet to comply.

For further information, contact Mossaad Mohamed Ali at: mossaad.ali@acjps.org