Anti Stoning Campaign Follow-up Statement: The women of Sudan deserve a better legal framework

Khartoum, 30 December 2022

On the 21st of December, following a retrial ordered by the appellant court, Amal* who faced death by stoning is now facing a 6-month prison term. It is evident that the appellant court did not consider the injustices of a death sentence for the crime of adultery or the disproportionate way it affects women. The court instead called for a retrial on account of a technicality in the court process.  The appellant court’s failure to dig into the merits of the case left a gap for the court of first instance to convict Amal of an alternative crime of indecent acts. This led to further victimization.  As proponents of the Anti-Stoning Campaign, we are relieved that Amal’s life will be spared BUT we recognize that this case will have no impact on vulnerable women who find themselves in Amal’s situation. The women of Sudan deserve a better legal framework, one that will protect their rights and not infringe them.

The challenge of Indecent Acts as an Offence

The indecent acts crime as stated in the Criminal Code of 1991, is defined as any act contrary to another person’s modesty, or any sexual act with another person not amounting to adultery or sodomy. The Code further specifies the range of punishments including a maximum of forty lashes, imprisonment of up to one year and a fine at the court’s discretion. If the act is committed in public, the accused is subjected to double the punishment. 

The ambiguous and non-exhaustive list of acts that constitute the crime of indecent acts under this article allows for an easy alternative to the crime of adultery while still subjecting women to degrading punishments. The courts have continuously taken advantage of the ambiguity of the article to criminalize women for a wide spectrum of acts that only have to meet the very low legal threshold of being considered morally unacceptable by another party. This leaves women’s fate in the hands of the subjective morals of a judge presiding over the court that passes the verdict. The ambiguity of morality laws within the Sudanese legal system also opens the door for criminalizing survivors of sexual violence if they are unable to prove the violence committed. Their pursuit of justice is hindered by the fear of being labelled as the perpetrator and eventually being subject to persecution. Persecution is unfortunately the probable result given the weakened legal framework that obstructs women’s access to justice (Sudan: Ethiopian Woman Gang Raped by Seven Sudanese Men convicted of “Indecent Acts”) For over three decades, women have been convicted of this crime for numerous acts including some that are not specifically mentioned in the article such as socializing with people from other communities.

The court of first instance in Amal’s case has been determined to condemn her.  First, she is convicted of committing the crime of adultery and sentenced to death by stoning and second, by convicting her of indecent acts. Even though the punishment of death by stoning has not been implemented since the enactment of the Criminal Code, courts continue to attempt to criminalize women under it (Female minor sentenced to death by stoning)

Psychosocial aspects of the case

Amal has been traumatized by the violations and the prolonged proceedings that continue to violate her basic rights. Amal’s case mirrors that of many women who encounter the legal framework in Sudan. The complaint was filed in November 2021. She was kept in the waiting chamber in prison from January 2022 until the death by stoning sentence passed on the 27th of June 2022. She was then transferred to the prison death chamber from 27th of June 2022 until the Court of Appeal overturned the verdict on the 24th of November 2021. She was then moved to the waiting chamber throughout the retrial. The duration of proceedings in the Court of First Instance and the Court of Appeal in this case has been of major concern. The court has exceeded the norms practiced by other courts in similar cases.   Criminal proceedings are typically done in a timely manner over a period not exceeding 6 months given the restriction on freedom the accused person suffers. Amal stayed in prison during the trial, appeal, and retrial period, which exceeds the sentencing of the 6-month period for indecent acts by double, however the court did not consider the time she spent in prison. The reasoning for the judgement is unattainable due to the rigid rules of the courts against publicizing these verdicts. However, keeping these verdicts from the public results in further violations. The secrecy coupled with the lack of an exhaustive list of acts that constitute the crime of indecent acts make it difficult for women charged under this offence to comprehend the charges against them and therefore they are also unable to mount a defense.

What does this mean for the Anti-stoning Campaign?

Women continue to be threatened by subjective and vague articles that are subject to interpretation by patriarchal authorities and courts. This ability to exert arbitrary power over women in this way creates an environment of terror and demoralizes women’s existence. These laws fail to adhere to basic rights, and their application causes harm to women as seen in Amal’s case. We strongly advocate for legal reform that will abolish laws that violate women’s basic rights and subject them to arbitrary and inhumane punishment.  Instead, laws that prioritize the protection of women and girls should be established. We shall continue to push for abolishment of the offence of adultery and the punishment of death by stoning.

Recommendations

We call for the suspension of laws on adultery, indecent acts and others which are inhumane and disproportionately affect women until the government invests in reforms that respect the rights of ALL Sudanese people.

We call on the different actors including other CSOs, legal aid clinics, journalists, WHRDs (Women Human Rights Defenders), activists, political parties, and lawyers to collaborate to repeal the discriminatory laws.

We call on the judicial bodies to play an active role in protecting women and refrain from applying discriminatory and cruel punishments considering the international and regional conventions Sudan has ratified.

We call on the international community, and regional and international actors to hold the Sudanese authorities accountable for continued reluctancy to protect women’s peace, dignity security, human rights, and their access to justice.

*Amal (pseudo name) is a young 20-year-old woman who was sentenced to death by stoning in Kosti, White Nile region for allegedly committing the crime of adultery on the 27th of June 2022. She was kept in prison for 7 months before the sentence was passed by the Court of First Instance and was denied legal representation in the process. The verdict was appealed by her lawyer who came to know that a young woman was sentenced to death by stoning by coincidence from a street vendor next to the Court. On the 24th of November 2022, the Court of Appeal overturned the decision of the Court of First Instance based on insufficient evidence, and accordingly ordered a retrial. Death by stoning continues to be a weapon used against women only and comprises one of many threats posed against women under the Criminal Code of 1991 and other procedural laws.