Mr Ali Mohammed Ali al-Mardi
Minister of Justice
Ministry of Justice
PO Box 302
Khartoum

Fax: +249 183 770883

5 April 2007

Dear Minister,

Re: Sadia Idriss Fadul and Amouna Abdallah Daldoum

We are writing on behalf of the Human Rights Institute of the International Bar Association (IBA) in connection with reports that two Sudanese women have been sentenced to death by stoning after a trial in which they were denied access to legal representation.

In its role as a dual membership organisation, comprising 30,000 individual lawyers and over 195 Bar Associations and Law Societies, the IBA influences the development of international law reform and shapes the future of the legal profession. Its member organisations cover all continents. The IBA’s Human Rights Institute works across the association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide.

We understand that Sadia Idriss Fadul and Amouna Abdallah Daldoum were sentenced to death by stoning by the criminal court in Managil province of Gazira state in central Sudan, after being convicted of adultery on 13 February and 6 March, respectively. We believe that both women are currently being detained in Wad Madani women’s prison in Gazira State.

Reports received by the IBA indicate that the two women were not permitted access to legal representation during their trial. Furthermore, in light of the fact that the trial was carried out in a language spoken by neither of the women, and no translation facilities were provided, the women were not able to defend themselves, nor were they able to understand the proceedings or judgment against them. If these reports are correct, this trial represents a failure on the part of Sudan to comply with its international law obligations to provide a fair trial.  

As a State party to the African Charter on Human and People’s Rights, the Government of Sudan has a duty to comply with Article 7 which provides that: ‘every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defence, including the right to be defended by counsel of his choice’.

Furthermore, as a signatory to the International Covenant on Civil and Political Rights (ICCPR), under Article 14, Ms Sadia Idriss Fadul and Ms Amouna Abdallah Daldoum should be treated in accordance with the following provisions:

(a) to be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

(b) to have adequate time and facilities for the preparation of his defense and to communicate with counsel of his own choosing;

(c) to be tried without undue delay;

(d) to be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

(e) to examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(f) to have the free assistance of an interpreter if he cannot understand or speak the language used in court; and

(g) not to be compelled to testify against himself or to confess guilt.

With respect to the passing of the death sentence, we note that whilst States are not required to abolish the death penalty,  they are obliged to limit its use and, in particular, ‘to abolish it for other than the most serious crimes’ (Human Rights Committee General Comment on Article 6 of the ICCPR).  The Human Rights Committee also stipulates that the requirement of procedural fairness in court proceedings should be read into the requirements of the right to life. Thus where the death penalty is carried out after a trial which fails to accord with international fair trial standards, the sentence may constitute a breach of international law. 

If the Government of Sudan was to proceed with the execution in the manner that has been prescribed, we would also like to remind you of Sudan’s obligations to uphold the rights of Ms Fadul and Ms Daldoum with regard to freedom from cruel, inhuman and degrading treatment. Under Article 5 of the African Charter, every individual has the right to ‘the respect of the dignity inherent in a human being and to the recognition of his legal status’. These rights are also protected under the ICCPR; the United Nations Convention against Torture (to which Sudan is a State party); and under customary international law. All forms of cruel, inhuman or degrading punishment and treatment are prohibited under international law and the international community has taken the view that certain methods of execution contradict this prohibition.

If these allegations prove correct, we would like to receive your assurances that the rights of Ms Fadul and Ms Daldoum will be upheld in accordance with Sudan’s obligations under international law. In particular, under Article 3 of the ICCPR, the appropriate authorities have a duty to ensure that any person whose rights or freedoms are recognized to have been violated is entitled to an effective remedy. Further, ‘any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State’. The competent authorities also have a responsibility to enforce such remedies when granted.

We should be grateful to receive your assurances that this matter will be investigated as a matter of urgency.

Yours sincerely,

Ambassador Emilio Cárdenas                        
Justice Richard J Goldstone
Human Rights Institute Council Co-Chairs