Sudan: Court overturns conviction of Christian woman

Khartoum Bahri Appeal Court has overturned a Christian woman’s conviction for public indecency.

Ferdoos Eltoum was one of a group of Christian women from the Nuba Mountains arrested on 25 June after leaving a celebration service at the El Izba Baptist Church in Khartoum. She was convicted on 6 July of public indecency under Article 152 of Sudan’s Criminal Code based on what she wore at the court hearing. This decision was overturned by an appeal judge on 30 September and formally communicated on 14 October. The appeal court ruled that the trial judge had departed from criminal procedure by bringing fresh charges against Ms Eltoum and convicting her, and should have sent her to the prosecutor to determine whether or not a charge should be brought.

During Ms Eltoum’s initial trial hearing in July, two witnesses gave evidence on her behalf. A church minister testified that her attire did not violate Christian dress codes, while a Sudanese woman stated that Ms Eltoum’s dress did not violate Sudanese culture. However, the judge did not rule on the initial charge. Instead he charged and convicted Ms Eltoum under Article 152 based on what she had worn to court and handed down a fine of 500 Sudanese Pounds (approximately £54).

Ms Eltoum later appeared in court on 13 July for a ruling on the original charge relating to the outfit she wore on the evening of 25 June. The judge found her guilty of indecent dress under article 152 and gave her a fine of 500 Sudanese Pounds (£54) and a suspended sentence of 20 lashes. Lawyers representing Ms Eltoum have also appealed this sentence and are awaiting the court of appeal’s judgement.

The ambiguous charge of public indecency contained in Article 152 of Sudan’s Criminal Code is used disproportionally against religious and ethnic minorities, including Christian women. It gives Public Order police and courts wide-ranging powers to arrest and convict individuals. However, the law is sufficiently vague that it allows police and judges to make subjective judgments that in practice are discriminatory.

Mervyn Thomas, Chief Executive of Christian Solidarity Worldwide (CSW), said, “Whilst we welcome the decision to overturn Ms Eltoum’s conviction and the recognition that the trial judge made an error in law, we continue to call on the Sudanese authorities to review the Criminal Code and amend Article 152. We particularly remind Sudan of its obligations under Article 2 of the African Charter on Human and Peoples’ rights of non-discrimination on the basis of religion or gender.”