A Sudanese court in the White Nile State of Sudan has sentenced a woman to death by stoning. She was sentenced to death by stoning by the Criminal court for the crime of adultery under article 146 (2) of the Sudanese Penal Code. The woman through her lawyers appealed to the Court of Appeal. The Court agreed with the appellant and ruled in her favor.
KHARTOUM NOVEMBER 27: A Sudanese court in the White Nile State of Sudan has sentenced a woman to death by stoning after convicting her of charge of adultery, according to the human rights group ACJPS. On 9 July 2022, Ms. Tiyrab, a 20-year-old woman was convicted and sentenced to death by stoning by the Criminal court for the crime of adultery under article 146 (2) of the Sudanese Penal Code, 1991 without giving her the right to fair hearing.
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.
Aggrieved with the decision of the criminal court, Ms. Tiyrab through her lawyers appealed to the Court of Appeal citing procedural irregularities as grounds for the appeal. The Court of Appeal agreed with the appellant and ruled in her favor giving the following ratio decidendi (reasons):
1. The criminal court did not explain to Ms. Tiyrab the grave nature of the offence, its punishment/penalty and the consequences of her statements made during arrest or detention as that can be used against her in court.
2. The criminal court did not notify/inform Ms. Tiyrab of an accused’s right to legal representation as required by law when an accused is charged with a grave offence.
3. The criminal court did not consult the office of the Attorney General or any legal aid providers such as the Sudanese Bar Association to provide a legal representation to the accused.
4. The criminal court did not make any effort to establish the current marital status of Ms. Maryam even though she testified that she had separated from her husband and were in a process of legally divorcing him. Marriage certificate was never presented in court as evidence during the trial and the accused (now appellant) was never given the opportunity to rebut and produce evidence in her favor that is divorce petition or decree.
The Court of Appeal in White Nile therefore ordered a re-trial after noting that the trial did not meet the national and international standards of a fair hearing/trial.