Sudanese woman will be stoned to death for allegedly cheating on her husband

A court has sentenced a young woman to death for adultery, but human rights activists say the decision should be overturned.

Human rights activists have labelled the penalties for adultery as "a breach of Sudan’s human rights". Picture: Getty Images

A young woman in Sudan will be the first person in the country to be sentenced to death by stoning in almost ten years after she was arrested for adultery.

Last month, 20-year-old Maryam Alsyed Tiyrab was interrogated and apprehended by police in the country’s White Nile state after allegedly making a confession.

Her case was then heard at Kosti Criminal Court on June 26 where she was found guilty of violating the country’s adultery laws and was sentenced to death by stoning.

In Sudan, adultery is considered objectionable on social, religious, moral and legal grounds with women mostly convicted of such offences.

Those who are found guilty under Islamic law face penalties such as limb amputation, flogging and infrequently, even death.

Human rights activists have labelled the penalties for adultery as "a breach of Sudan’s human rights" - file image: Picture: Getty Images

Reports suggest that investigations into Ms Tiyrab occurred after she separated from her husband and relocated back home.

Ms Tiyrab is taking her case to the High Court, which is yet to approve the sentence, and is appealing against the decision in hope that her punishment will be overruled.

The case has gained global recognition as human rights groups campaign against capital punishment and a “lack” of a fair trial.

Uganda-based organisation, the African Centre for Justice and Peace Studies (ACJPS) has backed Ms Tiyrab and is calling for her “immediate and unconditional release”.

The human rights group claimed there were several irregularities with her case including no formal complaint from Kosti police and being denied legal representation.

Additionally, Ms Tiyrab wasn’t informed that the information she provided during the initial interrogation would be used against her in court and received no explanation regarding her charges.

“Under Article 135(3) of the Sudanese Criminal Procedure Code 1991, a defendant is entitled to legal representation in any criminal case that carries a punishment of 10 years or more imprisonment, amputation, or death,” ACJPS said in a statement.

“The charge and penalty were not explained to Ms Tiyrab either. Authorities have also failed to refer the file to the high court for approval.”

ACJPS has labelled Ms Tiyrab’s punishment as a “grave violation of international law” and fear that the country is going backwards in regards to their human rights obligations.

“On 10th August 2021, Sudan ratified the convention against torture, 35 years after adding its signature to the international treaty in 1986,” it said.

“Therefore, execution by stoning as a form of state-sanctioned torture is a breach of Sudan’s human rights obligations.”

Stoning was last handed down as a punishment in Sudan in 2013 after a woman in the country’s South Kordofan state was arrested for adultery. The ruling was later overturned by the High Court.

The fatal punishment is still carried out in at least 15 countries, not always legally, with reports suggesting Iran has the world’s highest rate of execution by stoning.

Other countries where the punishment is still legal include Afghanistan, Somalia and Yemen.

Human rights lawyer Jehanne Henry, told The Guardian that Ms Tiyrab’s case reflects the “harsh sharia laws” still being implemented across the country.

“The death by stoning case is a reminder that the criminal law reforms during the transition [government] were not complete, and that such harsh, archaic punishments are still officially on the books,” she said.