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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 of
the trial, the [Ministry] would like to inform about the following:
The trial of Mariam was in an independent, none concise, public, neutral court, with all
the 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 of
higher courts to check for any miscarriages of justice as follows:
Contestation before the Appeal Court (Article 180 of Criminal Procedures Code
of 1991)
This verdict (and all verdicts that carry the death penalty) must be checked by
the 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 Criminal
Procedures 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 been
violated.
As the convicted is pregnant, the ruling against (Mariam) included a provision to
postpone 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 his
rights and freedoms, everyone shall be subject only to such limitations as are
determined 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 and
contestable 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 and
organizations 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 a
law 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.

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