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REPUBLIC OF SUDAN:
FORCIBLY MARRIED, RAPED GIRL SENTENCED TO DEATH

Update info:
18 May 2018
Country:
REPUBLIC OF SUDAN
Subject:
Noura Hussein Hamad Daoud
Gender m/f: f
Period:
26 Jun 2018
Distribution date:
18 May 2018
UA No:
095/2018

Nineteen year old, Noura Hussein Hamad Daoud, was sentenced to death on 10 May for killing her husband in self-defence after he tried to rape her for a second time. The Central Criminal Court of Omdurman in Sudan, on 29 April, found her guilty of the murder of her husband Abdulrahman Mohamed Hammad. Noura’s case highlights the failure of the Sudan government to tackle the tragedy of early and forced marriage as well as marital rape.

Noura Hussein Hamad Daoud, a 19-year-old girl, was convicted of and sentenced to death for ‘intentional murder’ under Article 130 of Sudan’s 1991 Criminal Act in connection with the killing of her husband, Abdulrhman Mohamed Hammad. Her lawyers have until 25 May to submit an appeal.

Her trial began in July 2017 and the Central Court of Omdurman on 29 April found her guilty of murdering her husband. The judge who presided in the case applied an outdated law which does not recognise marital rape as an offense. However, the sentencing was scheduled for a later date to allow for the relatives of the deceased husband to choose between pardon and financial compensation (customarily known as Diya or “blood money”) or demand the application of the death penalty. The family opted for the death penalty.

According to her testimony, Noura Hussein was betrothed to Abdulrahman Mohamed Hammad against her will at the age of 16 and they were married in April 2017. Under Sudanese law, children can be married off from age 10. When Noura Hussein refused to consummate the marriage, on 2 May 2017 Abdulrahman Mohamed invited two of his brothers and a male cousin to hold her down as he forced himself on her, raping her. The next morning on 3 May 2017 he tried to rape her again and Noura Hussein used a knife to defend herself. Her 27-year-old husband died as a result of the injuries he sustained. A medical examination conducted on Noura Hussein indicated that she also sustained injuries as a result of the scuffle between her and her husband.

In the past few years several women organizations campaigned tirelessly to change the Sudan Personal Status Law, including the age of marriage. The Sudanese law allows for children to be married off at 10 years old in violation of Sudan’s Interim constitution of 2005. Article 21 of the Interim Constitution defines a child as: “ any person under the age of eighteen years”. Sudan has also ratified the Convention on the Rights of the Child, which also defines a child as  being under eighteen years old.

Amnesty International opposes the death penalty in all cases without exception regardless of the nature or circumstances of the alleged crime. 

Take action

Please write immediately in Arabic or your own language:

  • Calling on the Sudanese authorities to immediately quash the conviction and death sentence against Noura Hussein Hamad Daoud;
  • Urging them to take into consideration the mitigating circumstances in this case in a retrial in proceedings that fully comply with international standards for a fair trial and without recourse to the death penalty;
  • Urging them to implement the recommendation of the Committee on the Rights of the Child and amend the Sudan Personal Status Law to raise the legal age of marriage from 10 to 18 years old.

PLEASE SEND APPEALS BEFORE 26 JUNE 2018 TO:
President
HE Omar Hassan Ahmad al-Bashir
Office of the President
People’s Palace
PO Box 281
Khartoum, Sudan
Salutation: Your Excellency

Legal Advisor
Khadija al-Fadil Mohamed Moussa
Department of Human Rights and International Humanitarian Law in the Ministry of Justice
PO Box 302
Al Nil Avenue
Khartoum, Sudan
Email : Khadiga@moj.gov.sd
Salutation: Your Excellency

And copies to
Minister for Interior
Hamed al-Mannan
Ministry of Interior
PO Box 873
Khartoum, Sudan

Also send copies to diplomatic representatives accredited to your country.

Please check with your section office if sending appeals after the above date.