Decisões sobre Comunicações

Communication 804 Maryam Aslyed Tiyrab (Represented by African Human Rights Club and Ndukwe Charles Ndukwe) v Sudan.pdf

Communication 804 Maryam Aslyed Tiyrab (Represented by African Human Rights Club and Ndukwe Charles Ndukwe) v Sudan.pdf
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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. 1
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 2
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. 3

Created 1 de jul. de 2026 · Edited 3 de jul. de 2026