Case SDN 261102.VAW
VIOLENCE AGAINST WOMEN CONCERN

Fair Trial/Corporal Punishment/Torture

The International Secretariat of OMCT has received information on the
following situation in Sudan.

Brief description of the Situation

The International Secretariat of the World Organisation Against
Torture (OMCT) has been informed by the Sudanese Organisation Against
Torture (SOAT) of the sentencing of 17 women in Munwashi, who have
been tried for adultery, to 100 lashes of the whip each.

According to the information received, between 12 and 20 November
2002, 17 women in Munwashi, a village about 8 kilometers north of
Nyala in Darfour, Western Sudan, were convicted of adultery and
sentenced to 100 lashes of the whip. The charges of adultery were
based solely on the fact that all of the women are unmarried but have
children between the ages of 6 and 12 months. The women's names are:

1. Um Alnas Mohamed Ahmed (21)
2. Hanan Abdulrahman Mohamed (19)
3. Hagir Mohamed Ahmed (18)
4. Nimat Abakr Abdelgadir (19)
5. Rasha Bahr Aldin Adam (18)
6. Fatima Abdulla Adam (20)
7. Gada Mosa Hamid (18)
8. Shamael Omar Fadl (22)
9. Hawa Yousif Abdelgadir (18)
10. Fathia Ahmed Abdulrahman (18)
11. Laila Adam Siraj (20)
12. Kaltoum Isam Adam (22)
13. Rawda Abdelgabar Mohamed (20)
14. Zahra Hassan Ali (21)
15. Gadah Abdelgabar (19)
16. Asma Mohamed Ahmed (18)
17. Zakia Altayeb

On 12, 14 and 20 November, the women were tried by Muhaakama Ijaaziya
courts, which are reportedly in violation of internationally accepted
fair trial standards notably in the way they carry out summary
trials. They were tried under Article 146 of Sudan's Penal Code,
which states "whoever commits the offence of adultery shall be
punished with (a) execution by stoning when the offender is married
(mushan), or (b) one hundred lashes of the whip when the offender is
not married (non-mushan)." None of the women were given legal
representation at their trials and the punishments were all carried
out on the same day as the trial, giving the women no opportunity
seek legal advice or apply for an appeal. No men were punished in
connection with these convictions.

Previously this year, two other women - Abok Alfa Akok (see OMCT
Urgent Appeal Case SDN 040102.2 VAW and previous related appeals) and
Alawiyah Mohamed Abdullah - were punished with lashes of the whip by
the Special Court in Nyala having been charged with adultery. In
both cases, the sentence was carried out on the same day as the
conviction and no men were charged or punished in connection with the
convictions of adultery.

OMCT is deeply concerned by the reports of sentencing to 100 lashes
of the aforementioned 17 women convicted of adultery by the court in
Nyala and unreservedly condemns the use of corporal punishment, which
clearly violates international human rights standards that prohibit
the use of torture. OMCT is also gravely concerned by the lack of
legal representation given to the women throughout this process and
the immediate infliction of punishment with no opportunity for appeal
or legal consultation. OMCT would like to recall that the government
of Sudan is a State Party to international human rights instruments
which prohibit and punish torture including; the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
and the International Covenant on Civil and Political Rights. Sudan
has failed to sign the Convention on the Elimination of All Forms of
Discrimination Against Women, a signal of the government's failure to
adequately protect women's rights.

Action requested

Please write to the Sudanese authorities urging them to:

i. ensure that all 17 women receive adequate reparation for the
injuries they have suffered as a result of this corporal punishment;

ii. take all necessary measures to ensure the respect for the
international human rights instruments to which Sudan is party, which
includes respect for the prohibition on torture and cruel, inhuman
and degrading treatment and punishment, such as the practice of
corporal punishment;

iii. guarantee women their human rights, including their right to be
free from discrimination, their right to legal counsel and a fair
trial, and their right to be free from torture and inhuman and
degrading treatment or punishment, in line with international laws
and standards;

iv. ensure in all circumstances the full respect for human rights and
fundamental freedoms in accordance with international laws and
standards.

Addresses:

· His Excellency Lieutenant General Omar Hassan al-Bashir, President
of the Republic of Sudan, President' s Palace, PO Box 281, Khartoum,
Sudan, Fax: + 24911 771651

· His Excellency Mr Mustafa Osman Ismail, Minister of Foreign
Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan,
Fax: + 24911 779383.

· Dr Ahmed al-Mufti, Advisory Council for Human Rights, PO Box 302,
Khartoum, Sudan, Sudan, Fax: + 24911 770883

· Mr Ali Mohamed Osman Yassin, Minister of Justice and Attorney
General, Ministry of Justice, Khartoum, Sudan, Fax: + 24911 788941

· His Excellency Ambassador Mr. Ibrahim Mirghani Ibrahim, Permanent
Mission of the Republic of Sudan to the United Nations in Geneva, PO
Box 335, 1211 Geneva, Switzerland, Fax: +4122 731 26 56, E-mail:
[email protected].

Please also write to the Embassy of Sudan in your respective
countries.

Geneva, 26 November 2002

Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.

Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
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Suisse/Switzerland
Tel. : 0041 22 809 49 39
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E-mail : [email protected]
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