Christian Solidarity Worldwide (CSW) has
learned that 25 Muslims are on trial in Sudan, charged with apostasy.
The charges against the 22 men and three
minors were confirmed by a judge at the Khartoum Criminal Court on 14 December.
Although the defendants are charged with
apostasy they have not converted from Islam, but follow an interpretation that
differs from that of the ruling regime. They face charges of rejecting the
teachings of the Prophet Mohammad because their group does not recognise the
authority of the Hadith and only follows the teachings of the Qur'an.
Local police arrested the 24 men and three
children in two groups on 2 and 3 November in the Mayu neighborhood of South
Khartoum. They were detained for a month while police investigated the alleged
crimes. On 30 November, the minors were released on bail on the condition they
attend all court hearings related to the case; however, the court refused to
try them separately as required by Sudanese law. On 9 December, the court
dismissed two defendants from the trial due to lack of evidence. On 14
December, the court confirmed the charge of apostasy against the remaining
defendants and released them on bail pending the next hearing, which was set
for 9 February 2016.
Earlier this year the Sudanese parliament
passed several amendments to the criminal code. Article 125 concerning
blasphemy and Article 126 concerning apostasy were extended to include cursing
the prophet of Islam, his wives, his household or his friends. Each of these
crimes carries the death penalty, however, if a person repents they will
receive a maximum of five years imprisonment and an unspecified number of
lashes.
The new amendments primarily target Shia
Muslims but also affect those who, like the defendants, reject the Hadith and
believe in following the Qur'an only. Although parliament approved these
amendments, they conflict with provisions guaranteeing freedom of religion or
belief in Sudan's 2005 interim constitution and do not comply with the
international standard of freedom of thought, conscience and religion as
guaranteed in Article 18 of the International Covenant on Civil and Political
Rights (ICCPR), to which Sudan is a signatory.
The amendments are of particular concern as
Sudan is currently conducting a national dialogue process to produce a new
constitution. Since South Sudan became an independent nation, President al
Bashir has repeatedly stated that the new constitution will be 100% Islamic.
CSW Chief Executive Mervyn Thomas said,
"We are deeply concerned by the expansion of the apostasy legislation and
the charges faced by this group of individuals, and particularly the minors,
whose treatment violates the Convention on the Rights of the Child (CRC). The
government has a responsibility to protect and uphold freedom of religion or
belief, but does not have the right to determine what passes as acceptable
religious practice. We call for these charges to be dropped unconditionally and
for the international community to hold the Sudanese government to account
under the international treaties to which it is party."