Article 8: the Freedom of Religion 118. The Complainant argues that the first Victim's right to freedom of religion, guaranteed by Article 8 of the African Charter, was violated. They refer to a previous case, Center for Minority Rights Development (Kenya) and Minority Rights Group (on behalf ofEndorois Welfare Council) v. Kenya,56 where the Commission affirmed that the right to hold religious beliefs is absolute, expressed as "freedom of conscience,""freedom of religion," and "freedom to practice religion." The Complainant further notes that the state's responsibility under Article 8 of the African Charter is engaged when individuals are persecuted based on their religion. In particular, they point out that the Cgmmission has previously held that the application of Shari'a law to non-Muslims v~91~~e;~Altid~ 8 and has called on Sudan to ensure that Shari'a law is not enforced in this/ 'lanner. 5 ., ~ Complainant highlights the Commission's finding that Sudan violated At 8 in c where individuals were "persecuted to cause their conversion to Islam" an arrests, expulsions, and denial of accessto wor~,and foo jj 0:;:' ~. ' 119. The Complainant argues that th~,first Vit,timisrightS:fpfreedo""qf religio . ; der Article 8 were violated in multiple way:§,:~ollowfug her initial arrest in\~~Rtember 2013. Firstly, :t.bh, "\<P,\,', ,So'" "jl,~;(~(, " me the Public Prosecutor indicted first Victim for the offense':~f adultery on the . ,_,:,:' '7'r assumption that she w~~.~uslim, des~l~~~)1er stat¥lg that she identified as Catholic to the police prior to her arrestif~~is resulte~;m~~ applica:~tQnof Shari'a law, even though she <':l···TIt""," :~ ~~'''T,:':)'}rihl>1'.:~'~ was a non-MusliI9f;:$~~ondly, the M(lg~~p:ate:,€ rt added the charge of apostasy against the first Victim ~~c;use she had'cpnyerted from Islam to Catholicism. However, she was , . ,'.~: " raised as an Etti!opian Orthodox 'l~ istian and cliQ~~to adopt the Catholic faith as an adult. Criminaliilng conversion is in wpatible witK1-eligiousfreedom. Thirdly, the Haj Yossif General C6tirt tried and convictedtthe first Victim of both adultery and apostasy J,,·:,:t... :!f- " despite the consistellt profession of .her Catholic faith during the trial. The court's it ': findiiigs wen; contradi£t,QfY - the con~i!3~onfor adultery assumed that she was Muslim '~_,_, ~,-.'_~\7 St~~<~~_ . .'irl'~.( and therefote.p~0~ibited1f~~m ;i~~~A!g a Christian man. Yet, the sentence of apostasy assumed 'that she had renouhce , and adopted another faith. tl .~, , f:AL '" ; " ,; t ,'.' ~C~)f, >.t,,~i: ''C- > "" slam 120. Additionally.tthe ~ourt pressured her to affirm the Islamic faith under threat of the death penalty, undermining her right to choose her religion as guaranteed by Article 8 and the Interim National Constitution of Sudan, 2005. Furthermore, the first Victim was sentenced to the death penalty and 100 lashes, which is a manifestly disproportionate and 56 Communication 276/03,25 November 2009, Para165. Communication 48/90-50/91-52/91-89/93, Amnesty International, Comite Loosli Bachelard, Lawyers' Committee for Human Rights, Association of Members of the Episcopal Conference of East Africa v. Sudan, 15 November 1999, pg 73. See also ACHPR," Concluding Observations and Recommendations on the 4th and 5th Periodic Report of the Republic of Sudan", 4 August 2012; ACmHPR, "Promotional Mission Report of the Commissioner Angela Melo, Special Ra~p.orteur on the R~ght~ of Women in Africa in the Republic of Sudan", (30 March to 4th .April 20?3), p 161\~t1.1' 58Cltmg Communication 48/90-50/91-52/91-89/93, Amnesb] International, Comite Loosli BacheLlJm~\(IJaWYI!f.sfr·D,o~~ Committee for Human Rights, Association of Members of the Episcopal Conference of East Africa u. Suda!'J:~-15N@vembe~ o~~~:. 57 Citing t:~,;~~,:,~. 1999, pg74. " . ) () '\, ~ '-', • ,I, \ -;,1 ..... D Ci 2 :1:/ §;;;01 1.. s ;; ~. • .s: .{/ . <;>- ".t1':RICA\t"~ Oli1!: c~\ ...,;:; i1E E1 ov> ~_ffl" U'. ~, ul:O U,l*6 - \ t. ',,,, \j', , J ,'" rAt ,'4" ... ,;:.;~.,,~,.;t;' ;' t

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