A/HRC/27/69
investigated and its findings made public in the interest of protecting the fundamental right
to life and ending impunity for arbitrary deprivation of lives in the country.
C.
Meriam Ibrahim (aka Abrar al-Hadi) apostasy case
43.
The case of Meriam Ibrahim (aka Abrar al-Hadi) who was convicted on allegations
of apostasy under article 126 of the Sudanese Criminal Act (1991) by a criminal court in
Khartoum on 15 May 2014 attracted a lot of international attention during the reporting
period. The Independent Expert received numerous complaints about the case, which he
raised with the Government during his mission to the Sudan in June. At his request, the
Independent Expert was granted permission by the Government to visit Ms. Ibrahim on
21 June in Omdurman Female Prison where she had been detained while awaiting the
decision of the appeal lodged against her conviction. During the prison visit the
Independent Expert had a private meeting with Ms. Ibrahim to discuss her case and
concerns. The Independent Expert had earlier raised questions about the handling of the
case in his meeting with the Advisory Council for Human Rights. After meeting with
Ms. Ibrahim, he had further discussions with relevant senior government officers and
received assurances that the judicial consideration of her appeal against her conviction
would be expedited in the interest of justice. The conviction was subsequently overturned
by a Court of Appeal in Khartoum on 23 June and Ms. Ibrahim was released from prison.
The Court of Appeal’s ruling overturning the decision of the lower court in this case is
commendable in the interest of justice from the perspective of both Islamic law and that of
international human rights.
44.
It must be recalled that in its second periodic report on its implementation of the
International Covenant on Civil and Political Rights submitted to the Human Rights
Committee in 1997, the Government of the Sudan had stated with reference to article 126
of the Sudanese Criminal Act (1991) that the “Act does not make conversion from Islam an
offence, but only the manifestation of such conversion if such manifestation adversely
affects public safety”.3 Both the National Commission for Human Rights and the Sudanese
Bar Association declared in their statements issued on 17 and 18 May 2014 respectively,
that Ms. Ibrahim’s case raised important legal questions about the scope of the right to
freedom of religion and belief in the Sudan, which needed to be re-examined. The
Independent Expert urges the Government to review, as a matter of priority, article 126 of
the Act in the light of its constitutional and international human rights obligations. He also
commends, and recommends international support for, the proposal of the Sudanese Bar
Association to organize workshops to debate the scope of article 126 of the Act in order to
address its apparent conflict with the Sudanese Constitution and the international human
rights obligations of the Sudan.
45.
The Government has an obligation to uphold the right to freedom of religion and
belief as guaranteed both in the Sudanese Constitution and in article 18 of the International
Covenant on Civil and Political Rights of which the Sudan is a State party. The Meriam
case highlights the need for appropriate judicial training in the Sudan especially at the
lower bench of the judiciary, which is closer to the population. The Independent Expert
urges the international community to help in providing the necessary technical assistance
for appropriate training of the Sudanese judiciary in relevant human rights jurisprudence.
3
12
CCPR/C/75/Add.2 of 13 March 1997, para. 127.
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