Home | News    Wednesday 25 July 2012

Second woman sentenced to death by stoning in Sudan

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July 24, 2012 (KHARTOUM) - Earlier this month a Sudanese woman was found guilty of adultery and sentenced to death by stoning by a court in the capital Khartoum, a regional women’s rights group said Monday.

SIHA Network reported that on 10 July 2012, Judge Imad Shamoun sentenced Laila Ibrahim Issa Jamool, 23, to death by stoning for adultery at Al-Nasir Criminal Court under Article 146 of the Sudanese Penal Code 1991.

"Mrs. Jamool, is now being detained, shackled at the ankles with her six-month old baby at her side. The child is understood to be in poor health and Mrs. Jamool is in need of psycho-social support for her distress", SIHA said.

This is the second case of its kind this year. In April, Intisar Sharif Abdullah confessed to adultery after being beaten by her own brother and was sentenced to death by stoning. In both cases the women did not have access to a lawyer and were nursing children of breast feeding age, which is illegal under Sudanese and international law.

Article 36(3) of the 2005 Interim Constitution of Sudan states:

“No death penalty shall be executed upon pregnant or lactating women, save after two years of lactation.”

Mrs. Abdullah was eventually released after an appeal with the retrial court finding a “lack of evidence” against her.

Responding to Mrs. Jamool’s sentence SIHA - the Strategic Initiative for Women in the Horn of Africa - issued a statement demanding her immediate and unconditional release and the end to the criminalisation of women for adultery in Sudan. The group asked the Ministry of Justice and other relevant institutions to investigate and overturn the judgment.

SIHA’s statement outlined that the case was "problematic" under both Sudanese and international law, calling on the "human rights community, The African Union, The Arab League, and United Nations and to oppose this practice and leverage its influence to prevent this act of brutality."

Under the United Nations Convention on Torture (1984) stoning is classed as cruel, inhuman and degrading. International human rights legislation that Sudan has signed prohibits stoning as a method of execution, according to SIHA’s statement.

Critically, the human rights group said, "this has been taking place in absence of legal representation for Mrs. Jamool and after only three court sessions, inclusive of a referral to a higher court than that of first instance, Mrs. Jamool was sentenced to death by stoning."

Sudan is one of the few countries which retains the death penalty for adultery. However, its application has not been recorded in recent years. Many of Sudan’s Public Order Laws (based on the government’s interpretation of Islamic Shari’a Law) are inconsistently applied.

President Omar al-Bashir said recently that Sudan’s new constitution would be "100% Islamic" following the secession of the largely Christian South of the country last year.

The legal procedures in Mrs. Jamool’s case, SIHA said, are in clear violation of due process and Sudan’s interim constitution:

Article 34 (6) states that:

“any accused person has the right to defend himself/herself in person or through a lawyer of his/her own choice and to have legal aid assigned to him/her by the State where he/she is unable to defend himself/herself in serious offences,”

SIHA also observe that Article 135 of Sudan’s Criminal procedure code has been violated. This stipulates that defendants are entitled to legal representation in criminal cases carrying a sentence of 10 years or more, imprisonment, amputation or death.

Mrs. Jamool married her husband in 2008 but after 18 months she returned to her family and they have been estranged ever since. For over a year they have been going through divorce procedures.

However, when she gave birth to a child six months ago her husband launched adultery charges - known as Zina in Islamic Shari’a Law - against her and filed a case for her to be returned to his home.

Mrs. Jamool’s husband has also asked her family to return some or all of the the dowry he paid them as part of traditional Sudanese wedding procedures four years ago.

SIHA’s Director, Hala Alkarib, said her organisation "condemns all forms of corporal punishment", especially those involving the criminalisation of personal behaviour.

“The victimization of women as the result of complex socio-economic and cultural relationships must be stopped and Sudan must urgently adopt measure and laws that protect and respect the dignity and the human rights of Sudanese women”.

“The criminalization of Sudanese women within the current legal framework subjects women to systematic and severe forms of violence and ultimately undermines their humanity and that of the society at large.”

(ST)

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  • 25 July 2012 08:32, by Akol Liai Mager

    Women always, where are the men with whom they committed the crimes? Or are Muslim Men immune from Adultry Stonning Penalty?

    repondre message

    • 25 July 2012 09:19, by Ayom Dor

      DAMN YOU KHARTOUM!! WHOM OF YOU DIDN’T EVER COMMIT SUCH ADULTERY CRIMES! YOU ARE JUST MORE THAN PRETENDERS BEFORE THE EYES OF GOD!

      repondre message

    • 25 July 2012 09:48, by Logic

      “BARBARIC” is the only word that comes to mind.

      May Allah salvage the Sudanese people from the salvation regime.

      repondre message

    • 25 July 2012 12:33, by okucu pa lotinokwan

      A lactating mother sentenced to death by stoning,forgive them God they do known what they are doing on this inocent mother,and rescue her from the hands of the enemies, God almighty as you have rescued the childern of Ireals from the hands of their enemies.

      OKUCU PA LOTINOKWAN

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  • 25 July 2012 09:26, by Snipper

    Where is Jalaby and Mohamed Ali? Are they busy stoning their mothers and sisters? Shame on you guys! God will burn you alive for mistreatment of women!

    repondre message

    • 25 July 2012 09:56, by zulu

      These rapiest will not comment on the shame they do to women. How can you the darkangels do this to women and leave the rapiests men free? What kind of education is this? What kind of civility can you compare South Sudan to this? What is education? What is literacy? What is citizenship?

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    • 25 July 2012 10:32, by Observer

      Jalaby, M Ali and N Sudanese will not appear about this aricle but instead you will see them go to another article and make a comment about how terrible it is to be a woman in S Sudan.

      As an educated Islamic Northern Sudanese I am horrified to think that my country is so barbaric as well as one that willingly breaches its own interim constitution and the international conventions it has signed.

      repondre message

      • 25 July 2012 11:15, by Ruach

        Too bad for the fake laws!!

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      • 26 July 2012 03:01, by australian

        So why do you remain Islamic, if you disapprove of stoning for women? Your "prophet" condoned it, and plenty of other ghastly things too. Perhaps you remain Islamic because if you don’t, you too will be stoned or otherwise tortured? What is it with you Muslims that you hang onto this barbaric religion? Muslims in the international milieu want to get rid of all those "conventions" you admire.

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        • 26 July 2012 03:05, by australian

          My message was to "observer".
          I can never work out if people like you are really ignorant of your religion or are just pretending. Your culture and your family have given you no choice: it’s "Be a Muslim or else!" So do you all lie to yourselves so you won’t go insane?

          repondre message

  • 26 July 2012 04:16, by wech

    This is very stupid laws. No one is deserved to die this way. Sudanese people in the north should all come out and protest this barbarian ways of life....These are your sisters and mothers who are brutally murdering/torturing by this regime. Come out and change this country image.

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