Communication 471/14 - Meriam Yahia Ibrahim
and three others vs. The Republic of Sudan
SUMMARY OF THE COMPLAINT:
1.
The Secretariat of the African Commission on Human and Peoples' Rights (the
Secretariat) received this Complaint on 2 June 2014 on behalf of Meriam Yahia Ibrahim
(the first Victim), Daniel Wani (the second Victim), Martin Wani (the third Victim) and
Maya Wani (the fourth Victim), from the Redres~i:Jrust (RE~}RESS),The African Centre
of Justice and Peace Studies (ACJPS),The Sudanje~~:Organizationfor Development and
Rehabilitation (SODR), The Sudanese
'.aft Rights Initiative (S!fRI), and the Justice
Centre for Advocacy and Legal Con
LC),'lj ..... ::collec' ely referred to as
the Complainants.
2.
dan, a State Party to the African
;~harter).l
3.
The Complainants allege.that the first.'Y:~ctimwa
n in 1987 to a Muslim Sudanese
father and a Christia~ Ethiopian mother, :married Christian, the second Victim in
Khartoum in De ' B~r2011 and,g&¥e'birth to:~:;~onna~'g Martin (the third Victim) on
25 October 20 ;
d to a daughtei'1~n,~ined
Maya Wani (the fourth Victim) on 27 May 2014.
4.
According to tIt ....llegations, the first ~f~~m was arrested on 15 September 2013 by the
Public Order Poli in Haj Yousef, a distrIct in Khartoum. She was charged with adultery
because of her marriage to a Christian, the second Victim in the case. The charges were
based on<'tp~",allegatiG>'<'by
Mr. Als~i Alhadi, who claimed to be the first victim's
:':V~~
,.? 'w;~;
brother; The Cbmplainan 'Stat~Jh~.ilie Prosecutor presented an indictment of adultery
before th,e Public Order Coufi"il\,Baj Yousef and argued that the first Victim was a
Muslim 1)ecC!use
b~~dath~t was a Muslim. Hence, her marriage to the second Victim is
void. It is sta'ted tMat the first Victim opposed the charges and allegations, saying that she
was a Christian and had not committed adultery.
The Complainantsfurther allege that on 11November 2013, the Attorney General's Office
confirmed the charges of adultery on the grounds stated by the Prosecutor and
transferred the case to the Second Magistrate Court. The Complainants aver that during
the hearing held on 15 January 2014 at the Second Magistrate Court, the two men who
claimed to be the first Victim's brothers testified. Despite the defense put forth by the first
Victim, the court disregarded her. The Complainants also allege that the first Victim was
subjected to medical examination against her will simply because her purpo e.d br.gthers,
who levied charges against her, claimed that she was mentally ilL It i . (:'Pflfr~t'l~24
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tte:.AR/4r ,c~"
February 2014, the medical report confirmed that she had no mental'
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Sudan ratified the African Charter on 18 February 1986.
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