مدى مطابقة عقوبة الإعدام في التشريع السوداني مع معايير الاتفاقيات الخاصة بحقوق الإنسان

Abstract EN

This study analyzes the death penalty in Sudan in relation to its serious impact on the convicted person and his family, focusing on Legislation and application and the extent to which it is compatiable with international human rights standards.

It particularly focuses on Sudan’s Interim Constitution of2005, the Sudanese Code of Criminal Procedure of 1991, and the Sudan Criminal Code of 1999 amended in 2009 and judicial applications, while comparing them with the international human rights conventions in order to answer the question: are there consistency and harmony or contrast and difference? Considering that the death penalty is not mandatory in Sudanese legislation, but only in marginal crimes, the legislator has introduced alternative penalties for crimes and punishment.

The study noted that Sudanese Constitution, laws, substantive judicial procedures and judicial applications confirm the guarantees of fairness and restriction of the death penalty for the most serious crimes, whether in the stage of proceedings and trial or implementation.

Moreover, taking into account some special groups such as elders, children, pregnant women and nursing, and in terms of providing guarantees for the accused, public representation and legal representation, including the provision of counsel at the expense of the State, the right to appeal and enforcement procedures, are all means for the harmonization of Sudanese legislation with international standards of trial.

The research did not see procedural imbalances that undermine justice or reduce the promotion of fair trial and the rule of law, which outweighs the standards claimed in this framework.

On the other hand, the research confirmed that the Sudanese legislation has expanded and applied the crimes that are subject to death penalty.

The research recommends reforms for death penalty, preservation of religious and legal considerations (marginal), and reduction of the crimes that are punishable by summary death.