Sudan: death penalty for leaving Islam abolished

The Sovereignty Council of Sudan has now officially abolished the death penalty for apostasy after the Chairman of the Council, Lieutenant General Abdelfattah El Burhan, signed several new laws and amendments.

The cancellation of Article 126 of Sudan’s 1991 Criminal Code, which stipulated that those found guilty of apostasy are to be sentenced to death, was announced in a press statement by the Ministry of Justice. The article has historically been used to target religious minorities. For example, in May 2014, Meriam Ibrahim was sentenced to death by hanging for apostasy by the Public Order Court in El Haj Yousif, Khartoum (although a court of appeal overturned the original ruling in June 2014).

Other amendments include: the ending of public flogging, the banning of female genital mutilation (FGM), permission for non-Muslims to drink, import, and sell alcohol, and the right of overseas travel for women (without permission from their husbands).

In a televised interview aired on 11 July, Sudan’s Justice Minister Nasredeen Abdulbari said the government had ‘cancelled Article 126 of the Sudanese penal code to ensure religious freedom and the equality in citizenship and rule of law.’

Instead, the new law contains an article banning Takfir – declaring a fellow Muslim an apostate – which Abdulbari described as ‘a threat to the security and safety of society.’ Following the announcement of the amendments to the penal code, Islamist clerics took to social media platforms, calling for the army and other militarised units to ‘defend the law of God’ by overthrowing the government, and describing the entire cabinet as ‘anti-Islam secularists and communists’ and also calling for demonstrations.

CSW’s Chief Executive Mervyn Thomas said: ‘CSW welcomes these changes, which mark an important step forward in the process of reform and democratisation. However, there is still a long way to go. While applauding these important initial steps, we also encourage the government of Sudan to continue advancing this process, including by creating a legislative body, and the necessary institutions for expediting justice for victims of human violations.’

He added: ‘We call once more on the UN Human Rights Council to closely monitor the human rights situation in Sudan, particularly since the reform process is likely to experience severe challenges. We also reiterate our call for members of the international community who have pledged to assist Sudan economically to also prioritise financial assistance for the reform process in order to ensure sustainable development.’