PUBLIC AI Index: AFR 54/010/2007

16 March 2007

UA 68/07 Death Penalty/ Legal concern

SUDAN Sadia Idriss Fadul (f), aged 22

Amouna Abdallah Daldoum (f), aged 23

Sadia Idriss Fadul and Amouna Abdallah Daldoum, both from the Darfur region in western Sudan, are at risk of being stoned to death after being convicted of adultery. Their sentence could be carried out at any time.

Sadia Idriss Fadul, from the Fur ethnic group, was sentenced to death by stoning on 13 February. Amouna Abdallah Daldoum, a member of the Tama ethnic group, was sentenced on 6 March. They were both convicted of adultery by a criminal court in Managil province, in Gazira state, central Sudan. According to reports, the women had no lawyer during their trial, and were not able to defend themselves, as their first languages are those of their ethnic groups in Darfur. The court proceedings were conducted in Arabic, and the women were reportedly not provided with a translator. They have yet to lodge an appeal against their sentence.

Both women are married with children. They are currently in detention in Wad Madaniwomen’s prison in Wad Madani, Gazira State. One of the women, Sadia Idriss Fadul, has one of her children with her in prison.

BACKGROUND INFORMATION

The Sudanese Penal Code, which is partly based on interpretation of Islamic Law, allows for penalties such as flogging, amputations and deaths by hanging or stoning. While Amnesty International does not take a position on Islamic or any other religious law, it considers such penalties to be cruel, inhuman and degrading punishments which are inconsistent with Sudan’s obligations under the International Covenant on Civil and Political Rights (ICCPR). Amnesty International opposes the death penalty unconditionally and under any circumstances.

The two women were charged under Article 146 (a) of Sudan’s 1991 Penal Code. Article 146 states that anyone having sex outside marriageshall be punished with execution by stoning when the offender is married (Muhsan); or one hundred lashes when the offender is not married (non-muhsan).

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in Arabic, English or your own language:

- expressing deep concern that Sadia Idriss Fadul and Amouna Abdallah Daldoum are at risk of being stoned to death;

- expressing concern at reports that this sentence was imposed after a trial at which the women had no legal representation and no translation of the legal proceedings into their languages;

- expressing concern that one of Sadia Idriss Fadul has one of her children with her in prison;

- noting that Amnesty International opposes the death penalty unconditionally in any circumstances;

- calling on the authorities not to carry out the death sentence imposed on Sadia Idriss Fadul and Amouna Abdallah Daldoum.

APPEALS TO:

Mr Ali Mohammed Ali al-Mardi

Minister of Justice

Ministry of Justice

PO Box 302

Khartoum

Fax: +249 183 770883

Salutation: Dear Minister

Staff Lieutenant General Abdel Rahman Sir Al Khatum

Governor of Khartoum State

Khartoum State, Sudan

Fax: + 249 183 770143

Salutation: Dear Governor

COPIES TO:

Dr Abdel Moneim Osman Taha

Rapporteur, Advisory Council for Human Rights, Khartoum, Sudan

Email: human_rights_sudan@hotmail.com

and to diplomatic representatives of Sudan accredited to your country.

PLEASE SEND APPEALS IMMEDIATELY.Check with the International Secretariat, or your section office, if sending appeals after 27 April 2007.

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