Letters:
Dear ______:
I write to you with grave concern over the 13 May 2012 sentencing of Intisar Sharif Abdalla, a mother of three, to death by stoning for adultery under Article 146 of the Sudanese Penal Code.
The prescribed punishment of death by stoning violates Sudan’s International legal obligations under the African Charter on Human and Peoples’ Rights (African Charter) and the International Covenant on Civil and Political Rights (ICCPR) that clearly prohibit all forms of torture, cruel, inhuman and degrading punishment and treatment. In addition, the death penalty for the crime of adultery does not fall within internationally accepted concept of ‘most serious offences’ warranting a death penalty as reiterated by the United Nations Commission on Human Rights (currently the Human Rights Council) and Human Rights Committee.
Moreover, it appears that Intisar’s trial did not meet the standards of fair trial under Sudanese or international law. It is particularly concerning that her sentence was imposed based on a coerced admission after she was tortured by her brother. Confessions extracted under torture and duress should not be admissible in Court and cannot form the basis of a death sentence. Moreover, I believe that Intisar was denied the right to legal representation despite the guarantee under Article 34 (6) of the Interim National Constitution 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.” In addition, Intisar was apparently not able to understand the proceedings against her that were conducted in Arabic, not her native language. The execution of persons after a trial that does not meet international fair trial standards amounts to a violation of the right to life.
I respectfully urge you to immediately and unconditionally release Intisar Sharif Abdalla, declare a moratorium on death by stoning, commute all sentences of death by stoning and prohibit all cruel, inhuman and degrading punishment, such as torture, flogging and stoning, in accordance with Sudan’s obligations under the African Charter and the ICCPR.
I further urge you to conduct a comprehensive review of the provisions of the Criminal Act of Sudan, 1991, and in particular Article 146 with a view to removing all provisions that discriminate against, or have a discriminatory impact on, women including those regarding adultery and fornication, in accordance with Sudan’s Constitutional provisions on the right to equality and non-discrimination based on sex.
Respectfully yours,
