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Unofficial Translation
Briefing from the Ministry of Justice,
Regarding the trial of Mariam Ishaq (Birth name Abrar
Elhadi)
According to the available information, and without getting deep
into the legal details ofthe trial, the [Ministry] would like to
inform about the following:
The trial of Mariam was in an independent, none concise, public,
neutral court, with allthe required guarantees for a just trial
provided, including a defense lawyer, publicity of
sessions etc.
The ruling against (Mariam) is a trial court verdict and is
appealable before a series ofhigher courts to check for any
miscarriages of justice as follows:
Contestation before the Appeal Court (Article 180 of Criminal
Procedures Codeof 1991)
This verdict (and all verdicts that carry the death penalty)
must be checked bythe National Supreme Court which may confirm the
death penalty or reject it.
(Article 181 of Criminal Procedures Code of 1991)
Application for Cassation by the national Supreme Court,
(Article 182 of CriminalProcedures Code of 1991)
Petition for examination of verdict before the National Supreme
Court Application for verdict revision before a committee of 5
judges, (Article 188a of
Criminal Procedures Code of 1991)
Application for protection of a constitutional right that is
allegedly has beenviolated.
As the convicted is pregnant, the ruling against (Mariam)
included a provision topostpone the execution of the judgment until
she gives birth and breast feed her baby
for 2 years, according to the provisions of Islamic Sharia Law,
which does not contradict
the Universal Declaration of Human Rights and International
Covenant on Civil and
Political Rights which gives the right for people to resort to
rituals and provisions agreed
by the society.
Article 29 (2) of the Universal Declaration of Human Rights
reads: In the exercise of hisrights and freedoms, everyone shall be
subject only to such limitations as aredetermined by law solely for
the purpose of securing due recognition and respect for
the rights and freedoms of others and of meeting the just
requirements of morality,
public order and the general welfare in a democratic
society.
The court judgment is a trial court decree which is appealable,
reviewable andcontestable before higher courts as stated above, and
though the judgment was issued
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after fair and sound procedures, it is still a decree of a first
instance court judge
according to his understanding of the law and the available
evidents and incidents.
The riotous reactions and the huge mobilization by the
International Community andorganizations before and during the
trial and the intensified media are not justified as
they are against legal proceedings before a competent court,
established according to alaw issued by a legislative authority in
a sovereign state. Instead, those media mobilizers
should react to death of thousands of patients out of chronic
diseases, cancer, renal
failure and heart diseases to name a few, due to the lack of
medicines and medical
devices as a result of the unilateral sanctions imposed by
certain countries on the
people of Sudan.
