A/HRC/25/60/Add.2
Sudan do not specify what is covered by immoral or indecent dress, giving the Public Order
Police broad discretion to judge whether a person has acted in “an indecent manner, or a
manner contrary to public morality” or “wears an indecent, or immoral dress, which causes
annoyance to public feelings.” Reportedly Ms. Osman Hamed’s court case was postponed
in order to give the Attorney General time to consider a request made by her defense to
drop all charges. At the time of the communication, the prosecution was reportedly still
evaluating how to proceed. It was further reported that this is not an isolated event, and that
public flogging of women is a continuing practice in the country. In this context, the
Special Rapporteur reiterates that each Government has the obligation to ensure equality
between men and women in the enjoyment of all civil and political rights, including the
right not to be subjected to torture or to cruel, inhuman or degrading punishment. This right
is set forth inter alia in the International Covenant on Civil and Political Rights, to which
the Government of Sudan is a party. Furthermore, both the Human Rights Committee and
the Committee against Torture have called for the abolition of judicial corporal punishment,
and the Human Rights Committee stated that the prohibition of torture and ill-treatment
must extend to corporal punishment, including excessive chastisement ordered as
punishment for a crime (see paragraph 5 of General Comment No. 20 (1992).
(f)
UA 29/11/2013 Case No. SDN 9/2013 State reply: None to date Alleged arrest and risk of
corporal punishment of human rights activists in Port Sudan.
143. The Special Rapporteur regrets that the Government of the Republic of Sudan has
not responded to this communication, thereby failing to cooperate with the mandate issued
by the Human Rights Council. The communication referred to the arrest and prosecution of
lawyer and human rights activist Ms. Najlaa Mohammed Ali, and human rights activist Mr.
Amin Senada, allegedly accused of violating Article 152 of Sudan’s Criminal Code while
riding together in a vehicle in Port Sudan. If convicted, Ms. Ali and Mr. Senada could be
subjected to flogging with up to 40 lashes. The Special Rapporteur stresses the
Government’s obligation to protect the right to physical and mental integrity of all persons,
set forth inter alia in the UDHR, the ICCPR and the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (CAT). Additionally, the Special
Rapporteur reiterates that paragraph 7(a) of resolution 8/8 of the Human Rights Council and
paragraph 5 of General Comment No. 20 (1992) of the Human Rights Committee declare
that corporal punishment can amount to cruel, inhuman or degrading punishment or even to
torture. The Special Rapporteur concluded in his report to the 60 th session of the General
Assembly, as well as his report to the seventh session of the Human Rights Council, that
corporal punishment violates the prohibition of torture and other cruel, inhuman or
degrading treatment or punishment, and therefore cannot be invoked by states even under
the most exceptional circumstances. The Special Rapporteur further reminds the
Government that paragraph 1 of the Human Rights Council Resolution 16/23 “Condemns
all forms of torture and other cruel, inhuman or degrading treatment or punishment,
including through intimidation, which are and shall remain prohibited at any time and in
any place whatsoever and can thus never be justified, and calls upon all States to implement
fully the absolute and non-derogable prohibition of torture and other cruel, inhuman or
degrading treatment or punishment.” The Special Rapporteur calls on the Government to
take all necessary measures to protect the right to physical and mental integrity of Ms. Ali
and Mr. Senada, and to ensure that they are not subjected to corporal punishment.
Sweden
(a)
104
JUA 01/02/2013 Case No. SWE 1/2013 State reply: 08/02/2013, 12/04/2013 Alleged
imminent deportation of Abdullah Barahouei, a human rights defender and blogger, to the
Islamic Republic of Iran.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents