Decision of the African Commission on Human and Peoples’ Rights on Withdrawal
Communication 804: Maryam Aslyed Tiyrab (Represented by African Human Rights
Club and Ndukwe Charles Ndukwe) v Republic of the Sudan
Summary of the Complaint
1. The Secretariat of the African Commission on Human and Peoples’ Rights received
a Complaint on 19 October 2022 from the African Human Rights Club and
Ndukwe Charles Ndukwe on behalf of Maryam Aslyed Tiyrab against the
Republic of the Sudan (the Respondent State).
2. The Complainants allege that on 26 June 2022, a 20-year-old girl named Maryam
Alsyed Tiyrab was sentenced to death by stoning by the Kotsi Criminal Court in
White Nile State, Sudan, due to her conviction for violating Article 146 (2) of the
Sudanese Penal Code of 1991, which pertains to adultery.
3. The Complainants submit that the judicial decision mentioned above constitutes a
severe violation of several international human rights instruments to which Sudan
is a state party, such as the International Covenant on Civil and Political Rights
(ICCPR), the UN Convention against Torture (CAT), and the African Charter on
Human and Peoples' Rights (the African Charter), which explicitly safeguard the
right to life and prohibit torture, cruel, inhuman, and degrading treatment or
punishments.
4. The Complainants allege that the principle of fair hearing was violated in Maryam
Alsyed Tiyrab's trial, due to the fact that she was interrogated by the police without
being informed that the information she disclosed would be used as evidence
against her in a criminal trial, which is contrary to the Sudanese Penal Code.
Additionally, the Complainants state that her trial began without a formal
complaint from the police in Kotsi, contrary to the provisions of the Penal Code.
They further allege that in violation of Article 135 (3) of the Penal Code, Maryam
was denied legal representation before and during her trial.
5. The Complainants assert that the trial of Maryam Alsyed Tiyrab violated the
international law principle of equality before the law and non-discrimination
based on gender, as it specifically targeted women. They add that the Sudanese
law on adultery is not only unnecessary and criminalizing but also discriminatory
by singling out women while disregarding men.
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6. The Complainants allege that the trial and verdict in the case of Maryam Alsyed
Tiyrab constitute clear and explicit violations of Articles 2, 3, 5, and 7 of the African
Charter.
Alleged violations
7. The Complainants allege the violation of Articles 2, 4, 5, and 7 of the Charter, as
well the corresponding provisions of the International Covenant on Civil and
Political Rights and UN Convention against torture.
Prayers
8. The Complainants request the Commission to:
i.
ii.
Find violation of Articles 2, 4, 5, and 7 of the Charter, as well the
corresponding provisions of the International Covenant on civil and
Political Rights (ICCPR) and UN Convention against torture (UNCAT);
Orders the suspension of the execution of the Complainant's death sentence
until the Commission’s final decision on the case.
Procedure
9. The Secretariat received the Complaint on 19 October 2022, and seized it on 31
October 2022. On the same day, Provisional Measures were granted.
10. On 30 May 2023, the Complainants informed the Commission via email that the
Higher Court of the Republic of the Sudan had reversed the judgment of the Lower
Court, which had initially sentenced the victim to death. The Higher Court ordered
a retrial, and as a result, the Complainants requested the Commission to suspend
the proceedings until the retrial is finalized.
11. On 14 June 2023, the Secretariat notified the Complainants that the reversing of the
sentence by the Higher Court does not suspend the processing of their Compliant
which is pending before the Commission.
12. On 12 June 2023, the Complainants notified the Commission via email about their
decision to withdraw the Complaint.
13. On 4 July 2023, the Secretariat acknowledged the receipt of the email and informed
both Parties that the decision to withdraw the Communication would be submitted
for the Commission's consideration.
Application for Withdrawal
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14. In the email sent to the Commission, the Complainants submitted that the Higher
Court of the Republic of Sudan, on 22 November 2022, overturned the verdict of
the Lower Court that had sentenced Maryam Aslyed Tiyrab to death by stoning
due to a lack of fair hearing, subsequently ordering a retrial. Consequently, they
decided to withdraw the Communication and await the complete outcome of the
Victim's pursuit of local remedies.
Analysis of the African Commission
15. The Commission acknowledges the Complainants' request to withdraw the
Communication, which is based on the fact that the Higher Court of the
Respondent State has reversed the judgment of the lower court that sentenced the
victim to death and has ordered a retrial.
16. From the above, the Commission sees no objection in granting this request.
Decision of the African Commission
17. The Commission decides to grant the request for withdrawal.
18. Based on the above the Commission declares the Communication Closed.
Adopted at the seventy-sixth (76) Private Ordinary Session of the African Commission
held virtually, from 19th July to 2nd August 2023.
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