community with others, in public or in private - teaching, worship, the observance of religious precepts and cults are part of that facet also called forum externum. 185. The practice of religious faith is generally manifested through the performance of external acts such as the observance of religious precepts and rites, which are mandatory in the mind of the adherent. Because of the interplay between those religious practices and behaviours with the outside world, the rights of others, and the general interests of the community, the State may legitimately adopt and apply measures which restrict the free practice of religion for the sake of maintaining lavr:and order. Hence, the limitation clause under Article 8.105 The Commission in Hossam Ezzat & Rania Enavet v. Egtjpt held, "Whereas the term 'profession of religion' may mean an open declaration or affirmation of one's religion, which is an outward act, in the context of Article 8 of the African Charter, it is to be interpreted as denoting the act of adopting, having, maintaining or holding a religion.106 "Thus, the freedom to profess a religion entails the freedom to adopt, have, maintain, or hold a religion. 186. The Complainant argues that the first Victim's right;ro freedom of religion, guaranteed ',' " .~ , ("Y,d%r by Article 8 of the African Charter, was viola:t~,~.;iq~ultiple ways following her initial arrest in September 20,13. Firstly, t~e Public ,Pros~5~tor i~dicted "" first Vi~tim for the offense of adultery on the assumption that she was'MlJ-shm, despite her stating that she identified as Ca~1;).pli<:,to the police prior to her arrest."This resulted in the application of Shari'a law, evet:1ethough she was a non-Muslim. Secondly/the Magistrate Court added the charge of apostasy against the first Victim because she had converted from Islam to Catholicism. However, she was raised as an Ethiopian Orthodox Christian and chose to adopt the Catholic faith as an adult. Criminalizing conversion is incompatible with religious freedom .. T:hirdly, the Haj Yossif General Court tried and convicted the first Victim of both adultery and apostasy despite the consistent profession of her Catholic faith during the trial. The court's findings were contradictory - the conviction for adultery assumed that she .w,c;tS MusliIll and therefore prohibited from marrying a Christian man. Yet, the sentenc of' qiJostasy assumed that she had renounced Islam and adopted another faith. >,'" 187. Additionally, the court 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 unreasonable restriction on her freedom of religion. These punishments are also inconsistent with the African Charter. Although the Court of Appeal overturned the first See also Article 27(2) of the African Charter according to which the rights in the 'African 'Charter "shall be exercised with due regard to the rights of others, collective security, morality, and corrunon'.int~rest~'~,1 o/.( 106 Communication No. 355/07 Hossam Ezzat & Rania Enayet (represented by Egyptian Initiative for pe. rso) c~~ Rights & INTERIGHTS v. The Arab Republic of Egypt (2018) ACHPR, paras. 130. 'I 105 ) .' , I (' . ''' '.f ,,~j-IA \'~ ~ \ / '\I • "1'h/CI\\t' - ..... ~'\ ~ 0, 41S ::;, ,/ s cj "r: r r m:S \ ~~. ~ 01 ':>"0' i'"'' {I t