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Capital punishment in Sudan
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Capital punishment in Sudan : ウィキペディア英語版
Capital punishment in Sudan
Capital punishment in Sudan is legal under Article 27 of the Sudanese Criminal Act 1991.〔International Committee of the Red Cross. 1991 Criminal Act https://www.icrc.org/applic/ihl/ihl-nat.nsf/0/4d8b568d3792381cc12571100038b7d0/$FILE/Criminal%20Act%20-%20Sudan%20-%20EN.pdf.〕 The Act is based on Sharia law which prescribes both the death penalty and corporal punishment, such as amputation.〔http://www.handsoffcain.info/bancadati/schedastato.php?idcontinente=25&nome=sudan〕 Sudan has moderate execution rates, ranking 8th overall in 2014 when compared to other countries that still continue the practice, after at least 29 executions were reported (although it is expected that over 100 occurred).〔Amnesty International Report on Death Sentences and Executions 2013 at p 10〕
==History==
Even though Sudan’s legal systems have been drawn from various other jurisdictions, capital punishment has always existed in the country.〔Inter Press Service. Death Penalty: Sudan Still Sentencing Minors to Death per Hamed Emam. http://www.ipsnews.net/2010/11/death-penalty-sudan-still-sentencing-minors-to-death/〕
During the last 100 years there have been a number of changes to Sudanese law. In the early 1900s until 1974 the death penalty was active in a legal system based on Indian criminal law, which in itself was influenced by Anglo-Saxon law.〔African Centre for Justice and Peace Studies. Widening the Scope: The Expanding Use of Capital Punishment in Law and Practice in Sudan. December 2010 at p 2〕 In 1974, during President Gaafar Nimeiry’s time in office, large scale amendments to the penal code were carried out which included some elements of civil law. However, the civil law amendments were never integrated into the Sudanese penal code which caused a number limitations for the courts.〔African Centre for Justice and Peace Studies. Widening the Scope: The Expanding Use of Capital Punishment in Law and Practice in Sudan. December 2010 at p 2〕 After this failure the previous Indian influenced penal law was reinstated. The basis of the legal system continued its yoyo pattern when in 1983 the Nimeiry regime sought to promote the Muslim Brotherhood’s version of Sharia law. Nimeiry’s office revised a number of national laws to reflect this, including the penal code, only to have it repealed two years later and the 1974 criminal code restored once more.〔African Centre for Justice and Peace Studies. Widening the Scope: The Expanding Use of Capital Punishment in Law and Practice in Sudan. December 2010 at p 3〕 In 1991 the 1974 penal code was replaced for a second time by the 1991 Criminal Code which is still in use today. By this time President Omar Al-Bashir had come to power after a 1989 coup, led by the fundamentalist National Islamic Front (NIF).〔US Department of State, Country Report on Human Rights Practices, Sudan. http://www.state.gov/j/drl/rls/hrrpt/2004/41628.htm〕 The reformations made by the Al-Bashir government helped to promote Islamisation in the country.
Though the identifier “criminal code” was chosen over “penal code” due to the fact the new laws included provisions which would promote care and rehabilitation, the government had no plans to follow growing international opinion against the death penalty and, to the contrary, further entrenched the practice. Rather than begin to draw back, the scope of the application of the penalty has expanded since the introduction of the code.
In the most recent periodic report of the government of Sudan to the African Commission on Human and Peoples’ Rights it states that Sudan sees no reason to abolish the death sentence.〔The 4th and 5th Periodic Reports of the Republic of the Sudan in Accordance with Article 62 of the African Charter on Human and Peoples Rights 2008 – 2012. http://www.achpr.org/files/sessions/51st/state-reports/4thand5th-2008-2012/staterep4and5_sudan_2012_eng.pdf〕

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