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sudan

Death sentence overturned on woman in Sudan but converts still under pressure

12 Feb 2002

In response to international pressure a Sudanese Appeals Court has overturned a death sentence imposed by a lower court on an 18-year-old
illiterate woman.

Abok Alfa Akok, a Christian living in Southern Darfur, became pregnant during her husband's 6 month absence in Khartoum. She informed the police who arrested her that she had been raped.

However, the alleged rapist, a Muslim, denied the charge and was acquitted because Abok was unable to produce the 4 male witnesses required by Sharia law to validate her version of events.

A criminal court in Nyala City, Southern Darfur subsequently found her guilty of adultery and on 8 December 2001 she was sentenced to death by stoning following a flawed judicial process during which she had no legal representation and was not offered the services of a translator
despite the fact that the entire proceedings were conducted in Arabic and she only speaks Dinka.

However, a higher court has overturned the sentence and recommended a 'rebuke' sentence. It is as yet unclear what a 'rebuke'sentence will entail.

After usurping power in 1989 the ruling Sudanese regime proceeded to introduce Shari'ah (Islamic) Law throughout the ethnically and religiously
diverse country. This decision re-ignited Sudan's long-running civil war, and as a consequence Shari'ah law is now applicable to everyone within the government's jurisdiction, regardless of their religious affiliation. As a
consequence Abok was subject to Shari'ah despite being a Christian.

The Sudanese government has sought to erect a facade of religious tolerance by permitting the existence of diverse churches in the north, and its apologists frequently cite legal provisions for religious freedom that exist in the country's 1998 Constitution. In reality the regime consistently attacks Christian facilities in the rebel-held south of the country, and subjects Christian churches in the government-controlled north to pressure and restrictions. Christian sources in Khartoum have stressed that '[President el Bashir] shows a different face to the West, so there are Christian churches, but Christians suffer constant harassment'.

Muslim converts to Christianity are currently facing acute pressure. The human rights organization Middle East Concern has recently expressed deep disquiet about the well-being of Ala' ad-Din Umar Agabna, a convert to Christianity who has been forced into hiding following severe ill-treatment at the hands of the Sudanese state security police, who for the second time barred him from leaving the country.

Mr Agabna was verbally abused and severely beaten by four airport officials as he tried to board a plane to Uganda. The officials also confiscated his money, threatening to "eliminate" him if he told anyone what had happened to him.

Since converting to Christianity 11 years ago Mr Agabna has been subjected to continuous harassment and periodic incarcerations in the notorious state torture facilities known as 'Ghost Houses'. According to Christian news agency Compass Direct, in the past he has had his right hand broken, undergone torture with melting
blocks of ice on his chest, and been beaten severely on several occasions.

The agency also quotes local church sources in Khartoum as stating that in late January, security police had injected Mr Agabna at least three times with unknown substances that made him drowsy.

Mervyn Thomas, Chief Executive of Christian Solidarity Worldwide said: 'CSW welcomes the decision of the court concerning Abok Akok, but remains concerned that non-muslims are subject to Shari'ah law. This and the continuing restrictions faced by Christians in the north clearly violate Sudan's own Constitution and international standards of religious freedom.

"Furthermore, CSW urges the UN to make representations to the Sudanese government in light of this clear evidence of violations of the Convention Against Torture to which Sudan is a signatory party'.

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