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TEXT: Sudan court ‘graphic’ ruling on female journalist

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September 13, 2009 (KHARTOUM) — The written decision by a Sudanese judge charging a female journalist with indecent clothing demonstrates the dilemma of similar girls who fear that their cases would come to the public.

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Photo showing Lubna Hussein’s clothing when arrested by Public Order Police

Lubna Hussein, who was also an ex-employee at the United Nations Mission in Sudan (UNMIS), was arrested at a café with a dozen other girls in July by the Public Order Police (POP) and accused of “provocative” dressing.

She refused to concede to the charges like most of the other girls and asked that her case be heard in court with the presence of her attorney.

After over a month of both international publicity and condemnation, the judge Mudathir Al-Rasheed Sid Ahmed found Hussein to be guilty under Article 152 of Sudan’s 1991 penal code and ordered her to pay a fine of 500 pounds ($200) or in the alternative be jailed for a month.

Eyewitnesses and the defense team said that the judge was in a rush to indict Hussein and did nit allow for cross examination of the prosecution witnesses.

They also expressed surprise that the judge did not use “common sense” as the outfit worn by Hussein at the hearing is the same one she had on when arrested asserting that it contradicts the witnesses testifying against her.

The judge spared Hussein the flogging penalty included in the law that was inflicted upon the other girls caught with her likely to avoid further international outcry.

Hussein refused to pay the fine and chose the jail sentence. However, a day after she was admitted to Omdurman prison for women, the head of the journalist union, widely viewed as a pro-government body, Mohyideen Titawi announced that they have paid the fine and received a judge order to release her.

Many journalists and observers told Sudan Tribune from Khartoum that they believe that Titawi was nudged by the government to pay the fine to avoid escalation of the international public relations nightmare created by the case.

Below is the text of the findings by the Judge Mudathir Al-Rasheed Sid Ahmed of whether Lubna Hussein was dressed indecently.


The hard evidence has clearly indicated that the defendant was wearing a revealing outfit and a flagrant breach of public morality as the complainant stated in his statement on page (2) of the record.

“Defendant was wearing tight pants and blouse with short and transparent sleeves with openings on the sides and composting pants and her head was exposed because she was not wearing scarves”.

Witness evidence as it came first page indictment (6) of the record says:

“Defendant was wearing pants and a blouse and the pants were tight and flashy and shows from underneath it the thighs and the outline and the form of the underwear and the color of her panties that can clearly be seen which is beige in color and short shirt with sleeves up to her elbow and it is transparent and light reflecting everything inside it within such as the shape and form of the bra and that the start of her chest is showing because the blouse opening and it also has two holes on the side lengthwise from top to bottom, and there is a gap between the confluence of the shirt so that they appear able to view the navel and the underwear of the accused”.

The witness recounted the details of that second indictment in his words on page (12) of the record:

“The accused of wearing a green blouse and it was short and transparent, showing her navel and also showing her bra and the sleeves were reaching only barely up to her elbow and her trousers were tight and her underwear was showing and her hair was exposed”.

Based on this evidence, we decide that the defendant was wearing a provocative outfit through which it shows all parts of the body of the woman’s charms, and shows the underwear and revealing her hair as she sat inside a nightclub full of dancing and singing with mingling between women and men, and this cafe is a public place as defined in the comment of Dr. Mohamed Awad Ali Mohyideen on this code that the public space is attended by people without discrimination and examples like public roads and public squares, shops and places of public entertainment.

(ST)

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  • 14 September 2009 07:10, by Kur

    The Islamic court judges have no common sense because the rules they use to judge others make no sense. I do not know what law they have studied? Of course the islamic law gives less value to women, and so whether the woman is innocent or not it does not matter to the islamic judges. Wicked laws will definitely go to the garbage bin with those who brought them to Sudanese society.

    Kur

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    • 14 September 2009 07:13, by oshay

      Please Islamic law is very fair to women and has been for centuries before this so called English Common Law. Secondly don’t blame this corrupt judiciary on Islam as they’re not connected

      Saying that this corrupt judiciary must be completely overhauled to prevent such disasters.

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      • 14 September 2009 07:35, by Dinka Boy

        Women must have freedom of dressing.
        Thanks,
        Mr Dinka boy

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      • 14 September 2009 08:54, by mathem jech amer

        Oshay

        That is why we demand separation of Religion from state. A president can’t be a religious leader. What is wrong with wearing transparent and light cloth that reflects everything inside. That is what you men need, to attract you, that’s why cafetrias are made.

        Soon or sooner, muslims ladies will vote for south Sudan which they believe will give them freedom of expression.

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      • 14 September 2009 15:45, by Abyei

        Dear Osha’s
        You crouched a beside an outstretched arm and saw something had pending for long time in your Government or Judgement,The shira Law in Sudan is not committe by even North people’s as you were just pretending to be faithful as well as you are sharing all day long the meals with people’s at the South, While Ramdan is on Fastival nowdays ashame on you Guys,

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      • 15 September 2009 21:59, by ojok s. ojok

        Dear Oshy, there is no body in the south who try to follow what you guys are doing in the north. When compare the ladies in the south and north, you found that large number or almost the ladies in the north have lost their clitorises due to hopeless Islamic culture. I am sorry to say that but this is the truth. Now all the clitorises have been packed somewhere ready for Mohamed who introduce the culture. Shame on those Muslims who thought their culture is the best.
        Your brother in Christ Ojok S!!

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    • 14 September 2009 10:06, by Biliu

      Lubna trail was based on falsifications; the same people whom the court used as eyewitness are the same who arrested her in the first place, a lustful description that fabricated only to indict her, I see no codes or rules per Islamic teachings that subject women to flogging in case found wearing provocative outfit, this is only found on the Islam of Dr Turabi and Omer Albashir which has proven it’s failure to address the Sudanese publics issues, those code should be abolish immediately, as they reflect an obvious public disturbance and dared human rights violations, Lubna and many other similar cases are another need why Islam should not be involved in government matters.

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  • 14 September 2009 09:18, by BUSTA 2

    Let SPLM/A learn from it.

    SPLM/A who always copy things from NCP should learn now how it is bad to copy one another this is due to the fact that, when SPLM/A heard that in the North they are arresting ladies who put on trousers, Dinkas in Juba also started to do so.

    God Bless South Sudan from the threat it is going to through now.

    Brother in Christ,

    Busta 2

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    • 14 September 2009 10:39, by Flora Tong

      Can we put our priorities in order? I agree that Lubna case is unfair and it has drawn the attention to women rights issues and it will take women right issues forward. This wills definitely takes it course. But can we discuss issues such as mother’s death from pregnancies in Southern Sudan? Southern Sudan is the highest in the world in maternal death. Children are dying from preventable diseases. Prices in Juba for food and shelter are higher than NY City. Foreigners are taking out millions of dollars daily from Juba. There are more than ten hummers in Juba and there are no roads! Can we discuss these contradictions in our country? How can we bring the change to our people?

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      • 14 September 2009 20:00, by Kass

        Dear, Flora

        I totally agree with you. Those write in this website should address the real needs of our people on the ground. Unfortunately many of our people in Sudan are poor and do not have internet connection. Those in this website continue to let them down by failing to address their main concerns. Unfortunately, many of the writers in this website are living abroad, suffering from racism and discrimination, frustrated and take their frustration on their people and their country. The best thing for us to do is to work with those in side Sudan, through meeting and youth groups. Many things can be achieved this way e.g., health education, evening classes for school children, clinic for remotes areas run by medical students during weekends to care for pregnant women and the ill people. I’m sure you can achieve something this way. God bless you Flora. Please, Flora look in the history and you will say many failing nations were picked up by their women. I believe women like you and Lubna can lead us and make the change we dream of in Sudan.

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    • 15 September 2009 12:38, by Ezekiel Athaya

      Hello Busta,
      I really failed to understand the motive of your comment because I read through the article of which the female journalist was arrested and I found no connection to either SPLM nor Dinka.What point brought the two mentioned identites in your writing?
      To my own understanding, you are man Busta as your name suggested but let me tell you that, men do not go about their issues in such a manner just come out in a day light and speak it out if you have any problem with either SPLM/A and the Dinkas.
      If you are not enjoying CPA then one of your relatives must be enjoying it wherever he/she is in Sudan. And if you are in Sudan, then you must be a beneficiary of CPA in any way and therefore must have learnt from SPLM/A during liberation.
      In summary SPLM/A never copied and will never copy anything from Khartoum and so is Dinka who refused to remain in arabs controlled Towns like your people who had been contributing ladies to arabs soldiers for fucking. Be appreciative to both SPLM/A and the Dinka for having liberated you and other tribes in the South who have weak heart.
      Well the case for the female journalist has something to do with culture and religious and so she must be abid by the law just like other citizen. And you Busta may take side with her cause that is how you how your people want things to be done as arabs had been ruling you during liberation minus humanity laws and you still wants them refusing those who recognize your rights and humanity.

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      • 15 September 2009 13:53, by Paul David

        Miss Lubna Hussien,

        i appreciate how you faced, with all the dresses they hate to see, those stupid shari’a judge and how you refused to pay fine and chosen to be jailed.

        you are a very strong woman, you will change them(northeners) one day in life it is just a matter of time.

        treating women that way will make them remain soft forever.

        Condeliza Rice dresses the way you dress but she was driving Sudan government to the hell. What’s wrong the dress? what matter is the brain.

        Stay up baby

        David

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        • 15 September 2009 16:12, by Paul David

          Ezikael and Busta,

          Ezikael,I am just surprised by you telling Busta that he would appreciate Dinka and the SPLM b/c they liberated him and the other weak hearted tribes in the South. By doing so Busta must be reasonable to talk shits about Dinkas if that’s what you guys like to say all times. It is a "CAPITAL LIE".

          Not SPLM liberated but a combination of different Southern political parties;not Dinkas who liberated but all Southern Sudanese took part in liberation war. if one is saying they were Dinkas who liberated, he/she doesn’t know the history of the counry very well. what you have said in your comment is what makes many people talk crazy about Dinkas.

          I liked how you started your comment but i dislike it in the middle and at the end. I wished you just advised him on such an issue, not to add fuel on fire which he has started. i expected you to put an end to that flame.
          People don’t have the same brain so please never react to people, right quick, the same way they approach you.

          Mr Busta, please don’t mix issue like Dinka Boy and J JAMES.
          I beleieve you have no problem with Dinka but you just failed to create a more relevant word to say on this issue of Lubna Hussien. Don’t worry you will find one some days. But let me remind you: don’t disappoint your brothers and sisters whenever you have no idea about some issue, just ask for help and this will help you to walk a mile in life.

          This comment is not trying attack you guys but to advise you as a brother you have on this earth. i Hope you don’t flash back the hottest wrting to me.

          I LOVE YOU GUYS

          Stay up

          DAVID

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  • 16 September 2009 11:33, by BEN-ALEX PIRAMOE

    I Can’t understand the situation were by mia ladies arrested and judge because of just dressings after all they are reflecting back to there lifestyles when they were young there was nothing kept hidden we were born necked. the world as already gone a head with its changes can the arabs lawyers change the attitude or dressings of the all people in the world at large? can they stop manfactuerers from making such dressings? can they stop the all world from the level from were they have reach? will the arrest of the ladies settle all the disputes of sudan in general? bachir has to put in mind that is cases are bookleted now that he is adding problems to problems with his corruption full in the body from the toe to the tip of the middle hair in his head can some body tell me what as gone wrong in sudan and is that a reason why some peole say they want unity and at last they will be treated like those innocent ladies not terrorist who are now rotting in the jail with smells no it unfair. with our full memories we southerners have to know were we are heading to. to hell or paradise? let us stop dreaming of sharing power with the arabs any more and lets all strungle for seperation first and we an settle our problem alone our table. let the arrest of a journalist lady and the rest remain a lesson to us southerners.

    MAY GOD BLESS SOUTHERN SUDAN.

    BEN-ALEX

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