A/HRC/21/62
time frames have been defined for their implementation. The Independent Expert considers
such training to fall within the scope of his mandate, which will require the support of
international partners to ensure its realization in the shortest possible time. In the meantime,
the Independent Expert urges the Government to demonstrate the necessary positive
political will and to desist from arbitrarily closing newspapers or arresting journalists.
3.
Need for law reform, particularly in the area of criminal law and procedure
33.
One universal periodic review recommendation called on the State to “amend its
laws, including those on marriage, custody, divorce, property rights and indecency, to
ensure compliance with international human rights law” and also to “adjust legislation and
practices affecting women and children” to its international obligations.3 In response, the
Government indicated in its strategy of implementation (see paragraph 15 above) that it
would “conduct review studies and share wide consultation with relevant stakeholders to
identify gaps in the present laws” and “conduct a review study of existing laws affecting
women and train relevant stakeholders to ensure compliance of the practices with the law”.
The Independent Expert regards these commitments as encouraging and requiring the
support of international partners to ensure their proper realization in the shortest possible
time.
34.
The international partners met during the mission described a need for legal reform,
in particular with reference to the case of a young woman sentenced in April 2012 by a
Sudanese lower court to death by stoning for adultery, in compliance with the current Penal
Code. The Independent Expert raised this matter with Government representatives and
other stakeholders. Representatives of both the National Commission for Human Rights
and the Advisory Council on Human Rights indicated their awareness of international
concerns about the case, but noted that, as the case was still pending, the judicial process
must be first allowed to take its full course, without interference. The woman’s conviction
by the lower court was subsequently quashed by the court of appeal in June 2012, and the
case was dismissed in a retrial by the lower court on 3 July 2012.
35.
The attention of the Independent Expert was also drawn to another recent case, of a
woman who had been convicted for a similar offence, with an appeal now filed to the
Khartoum court of appeal. Human rights organizations have pointed out that, in most cases,
women on trial had no legal representation. They also underlined the poor treatment meted
out to women while their cases were pending, with some reportedly being held in shackles
while carrying infants.
36.
Convictions for adultery are applied pursuant to the provisions of the Sudanese
Penal Code of 1991. In their meetings with the Independent Expert, members of the
National Commission for Human Rights acknowledged the need for reform of the relevant
provisions of the law, the debate of which was ongoing in the country. The recurrent nature
of adultery convictions indicates the urgent need for the Government to expedite the legal
reform process and possibly draw insight and good practice examples from relevant
countries in the Muslim world. Taking urgent, active steps in this regard will be an
important demonstration of political will to address the problem.
37.
Having published well-cited academic papers on this specific subject, the
Independent Expert is prepared to provide the Government with technical advice on how to
address this apparent misunderstanding between the application of forms of Islamic
criminal punishment and the need to abide by international human rights standards. He has
perceived an urgent need for technical assistance and capacity-building in this area.
3
See A/HRC/18/16, para. 83.
9
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