26 November 2013

Sudan: Bring domestic laws in line with the absolute prohibition of torture

During its Universal Periodic Review (UPR) by the UN Human Rights Council in 2011, Sudan accepted to consider ratifying the International Convention against Torture (CAT), in follow up to its 1986 signature of the treaty. 2013 is coming to an end and Sudan has failed to act upon its promise.

Alkarama has been campaigning for Sudan's accession to the CAT, a call that has also been made by the Independent Expert on the Situation of Human Rights in the Sudan in his latest report in 2013. NGOs also came together in May this year to celebrate the 25th anniversary of the Committee against Torture and to advocate for universal ratification of this essential convention, including by Sudan. 

The prohibition of torture in international law enshrined in article 7 of the International Covenant on Civil and Political Rights is absolute. This ensures that there cannot be any exception to this ban, whatever the circumstances. Laws that provide for the possibility of acts of violence as a means of punishment can amount to torture, and given the absolute nature of the ban, are not considered an exception to this prohibition according to the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 

Sudan has an arsenal of laws that provide for corporal punishment. These laws are selectively used to arbitrarily prosecute certain individuals. The latest of these victims is Amira Othman who was charged in August 2013 under article 152 of Sudan's Penal code, that provides for the following: "(1) Whoever commits, in a public place, an act, or conducts himself in an indecent manner, or a manner contrary to public morality, or wears an indecent, or immoral dress, which causes annoyance to public feelings, shall be punished, with whipping, not exceeding forty lashes, or with fine, or with both;

(2) The act shall be deemed contrary to public morality, if it is so considered in the religion of the doer, or the custom of the country where the act occurs."

This article drastically falls short of international standards. During Ms Othman's last hearing, the defense challenged the constitutionality of the law. The defense, rightly, criticized the lack of precision of the law and the discretion the authorities enjoy in enforcing it. The plea arguing the constitutionality of the law was accepted by the judge, and the case was brought to halt. However, the prosecutor may decide to resume the case at any moment.

Alkarama calls on the Sudanese parliament to seize this crucial opportunity to reconsider Sudanese domestic laws falling short of international standards. It is also time for Sudan to ratify the Convention against Torture and fulfill one of promises it made during its 2011 UPR.

Alkarama brought Ms Othman's situation to the attention of the Special Rapporteur on Torture and requested that he intervenes with the Sudanese authorities to prevent any acts of torture from being inflicted upon Ms Othman. In addition, Alkarama requested the Special Rapporteur to use this opportunity to urge Sudan to ratify the CAT and modify its internal legislation accordingly.
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