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Human rights

Sudan: DINKA WOMAN WHIPPED IN NYALA

2002-02-28, Issue 55

http://pambazuka.org/en/category/rights/6079

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SVTG has received new information on Abok Alfa Akok, the Dinka woman previously sentenced to death by stoning in Nyala. SVTG can confirm that Abok, an 18 year old pregnant woman, was sentenced by the Criminal Court in Nyala on 12 February to 75 lashes. The sentence was carried out immediately, on the same day as sentencing, after which Abok was released. The lawyer acting on Abok’s behalf has launched an appeal to the High Court on the grounds that the sentence was given and immediately executed, thus making it impossible for Abok to seek legal advice and completely preventing her from exercising any right of appeal.

-----Original Message-----
From: kfn-editor-admin@kabissa.org [mailto:kfn-editor-admin@kabissa.org]On Behalf Of osman.h
Sent: 18 February 2002 17:15
To: Undisclosed-Recipient:;
Subject: Press release 18/02: Dinka woman whipped in Nyala

S V T G

Sudanese Victims of Torture Group

PRESS RELEASE: 18 February 2002
DINKA WOMAN WHIPPED IN NYALA
SVTG has received new information on Abok Alfa Akok, the Dinka woman previously sentenced to death by stoning in Nyala.

SVTG can confirm that Abok, an 18 year old pregnant woman, was sentenced by the Criminal Court in Nyala on 12 February to 75 lashes. The sentence was carried out immediately, on the same day as sentencing, after which Abok was released.

The lawyer acting on Abok’s behalf has launched an appeal to the High Court on the grounds that the sentence was given and immediately executed, thus making it impossible for Abok to seek legal advice and completely preventing her from exercising any right of appeal.

The Court of Appeal in Southern Darfur overturned the sentence of death by stoning which was issued to Abok, who was accused of adultery, and sent the case back to the lower criminal court in Nyala for new sentencing where Abok was given 75 lashes, as described above.

Background to the case

SVTG previously reported that Abok Alfa Akok had been sentenced to execution by stoning on 8th December 2001, for the crime of adultery. Abok had been accused of adultery by her husband, also a Christian Dinka, however Abok told police that she had been raped.

The sentence was based upon Article 146 of Sudan’s 1991 Penal Code, which is based upon the government’s interpretation of Shari’a (Islamic) Law, and states that the offence of adultery is punishable by:

i) Execution by stoning when the offender is married (mushan)

ii) One hundred lashes when the offender is not married (non-mushan)

iii) Male, non-married offenders may be punished, in addition to whipping, with expatriation for one year.

The Nyala Criminal Court held a summary trial (muHaakama ijaaziyya) on 8 December 2001. Abok was tried without the presence of a lawyer, had no knowledge of her rights in court and was denied access to legal advice prior to the trial. She does not speak or understand Arabic and therefore could not comprehend the trial proceedings. Abok’s lawyer lodged an appeal on 11 December 2001 against the sentence on the grounds that she did not receive a fair trial.

SVTG is very concerned by the recent execution of a sentence on Abok which effectively denied her access to legal advice and prevented her from exercising her right of appeal against the sentence.

SVTG calls upon the government of Sudan to:

i) Respect the legal rights of all those individuals imprisoned in Sudan, allow them effective access to legal advice and representation, and guarantee fair and prompt appeal trials.

ii) Ensure the physical and psychological integrity of all prisoners.

iii) Guarantee in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards.

SVTG is an independent non-governmental human rights organisation, for further details on this press release or any other information please contact;
The Sudanese Victims of Torture Group
Park Business Centre
Kilburn Park Rd
London NW6 5LF
UK
Tel: +44 20 76258055
Email: Osman.h@virgin.net

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