Equality Now: The Case of Maryam Tiyrab

In July 2022, the story of Maryam Tiyrab, a 20-year-old Sudanese woman who was sentenced to death by stoning for adultery, broke out. It was the first known case in the country for almost a decade.

She was arrested by police in the White Nile state in June 2022. Tiyrab appealed against the decision. The majority of stoning sentences, which are predominantly against women, are overturned in the high court.

In #Sudan, Maryam Tiyrab was sentenced to death by stoning for adultery. After many concerns were raised, the High Court rightly overturned ruling & ordered retrial. With help from women’s rights supporters & lawyers, Maryam’s sentence has just been reduced to 6 months in prison https://t.co/mzTzeGm96c

— Equality Now (@equalitynow) December 14, 2022

Human rights campaigners such as Human Rights Watch (HRW), African Center for Justice and Peace Studies (ACJPS) and Equality Now have spoken out against the ruling.

On 14 December 2022, Kosti Criminal Court in the White Nile State concluded the re-trial of Tiyrab where the court found that Tiyrab was guilty of Gross Indecency under article 151 of Sudanese Penal Code, 1991 and sentenced her to six months imprisonment at Kosti prison in the White Nile state.

‘Reforming the Penal Code and Criminal Procedure Laws should be a key priority for the current and future governments to ensure that women’s rights are safeguarded and protected’

To further learn about Tiyrab’s case, 500 Words Magazine speaks to Paleki Ayang, the Khartoum-based Middle East and North Africa (MENA) Officer of Equality Now, which is a non-governmental organisation founded in 1992 to advocate for the protection and promotion of the human rights of women and girls. ‘The earlier verdict condemning Maryam to death by stoning was nullified by a Sudanese appeal court and a sentence of six months was passed. Whilst this lighter sentence should be commended under the circumstances, it is important to note that the criminalisation of adultery is against international human rights standards and the crime should be completely repealed,’ said Ayang.

‘The criminalisation of adultery is against international human rights standards and the crime should be completely repealed’

‘Reforming the Penal Code and Criminal Procedure Laws should be a key priority for the current and future governments to ensure that women’s rights are safeguarded and protected. It is also critical to commence judicial reforms that ensure justice for women and girls is made a reality. A significant percentage of Sudanese women risk unjust rulings, especially women living in the outskirts and rural areas. There is a need to educate women and girls to increase their legal literacy,’ she added.

‘A significant percentage of Sudanese women risk unjust rulings, especially women living in the outskirts and rural areas. There is a need to educate women and girls to increase their legal literacy’

There have been many cases were women were subjected to unjust rulings by Sudanese courts, many of which have caused international outcry such that of Noura Hussein, who at 19 faced the death sentence for killing her rapist husband in self defense in 2018; and Mariam Yahia Ibraheem, who was sentenced to death for apostasy and corporal punishment of 100 lashes for adultery in 2014. ‘Maryam’s trial did not get significant media coverage compared to Noura Hussein’s case. Following a huge international outcry and the provision of additional legal support, Noura’s sentence was overturned after she was condemned to death for accidentally killing her husband in self-defense while he attempted to rape her days after she’d been forced to marry him,’ Ayang explained.

According to Ayang, international outcry and media coverage can play a major rule in bringing justice to cases such as Tiyrab’s. ‘Responsible media coverage that highlights human rights violations and amplifies women’s rights defenders, experts, and survivors can play a vital role in bringing miscarriages of justice to public attention and encouraging state actors to rectify wrongdoings. In cases such as Maryam’s, journalists can communicate complex legal issues in ways that are accessible and help increase public understanding. They can open up discussions, challenge the acceptance of gender discrimination and help shift attitudes about the types of harmful practices, stereotypes, and social stigma that fuel sexual and gender-based violence, and blame women and girls for the violations they are subjected to,’ she said.

‘Responsible media coverage that highlights human rights violations and amplifies women’s rights defenders, experts, and survivors can play a vital role in bringing miscarriages of justice to public attention and encouraging state actors to rectify wrongdoings’

‘Unfortunately, the circumstances surrounding Maryam’s case are commonplace in Sudan. However, what made a difference in her situation was the swift manner in which women’s rights organisations mobilised and organised to ensure she got adequate legal representation. This is critical because as important as law reform is, if these reforms are not well implemented at the individual level, then they are meaningless,’ Ayang added.

UNFPA reports that 2.7 million women and girls in Sudan need gender-based violence protection, mitigation and support services. ‘Domestic violence, honour crimes, and child and forced marriage remain widespread. Victim blaming is rife, and survivors face a lack of access to justice or psychosocial assistance. This makes them less able to report violations and fosters a culture of impunity for perpetrators,’ said Ayang.  

In 2020, Sudan’s former transitional government, which followed the ousting of Former Sudanese President Omar Al Bashir, announced reforms to some of its hardline criminal laws and Sharia policies. However, the reforms did not include stoning, but in August 2021, the country ratified the UN Convention against Torture (UNCAT), confirming its commitment against torture. 

‘Political transitions such as the one Sudan is undergoing present an opportunity to review laws that do not conform to international human rights, including specifically gender discriminatory laws,’ said Ayang.

‘Since the revolution in 2019, Sudanese civic and political actors negotiated a very gender-conscious Constitutional Declaration that references several human rights treaties, including the UNSCR 1325 on Women, Peace, and Security. Capturing these principles in the Constitution Declaration demonstrates significant political will toward advancing the gender equality agenda,’ she added.

However, Ayang believes there has been little progress in advancing and safeguarding women’s and girls’ rights in Sudan. ‘Freedom of expression and assembly continues to be restricted for women, and government constraints on civil society are hindering the ability of women’s rights organisations and activists to advocate for positive change and hold the government to account for failures in protecting women and girls,’ she explained.

‘We urge the government to facilitate and nurture the growth of safe public space for survivors of sexual and gender-based violence, and their supporters, so they can challenge harmful social norms and practices which discriminate against women and girls, and enable perpetrators to act with impunity,’ she added.

Flogging, which was outlawed in 2020, is still handed out as a punishment by the courts. ‘By permitting – within its legal framework – for women to be sentenced to stoning, flogging, amputation, and other degrading and cruel punishments, Sudan’s penal code is legitimising and enabling the torture of women. These penalties directly contravene the state’s human rights obligations under the Convention Against Torture, which includes the death penalty and death by stoning, categorised as a form of torture,’ said Ayang.

The last known case of a woman sentenced to stoning for adultery was in South Kordofan state in 2013. The sentence was overturned.