92002E0543

WRITTEN QUESTION E-0543/02

by Cristiana Muscardini (UEN) to the Commission

(27 February 2002)

Subject: Death sentence in Khartoum (Sudan)

Human Rights Watch, has taken up the case of Abok Alfa Akok, an 18-year old Christian woman sentenced to death by stoning by a criminal court in southern Darfur because she was pregnant after extra-marital sex, although she stated during the trial that she had been raped. Human Rights Watch has pointed out that it is unlawful for the Sharia to be applied by a criminal court and that the Sudanese authorities have stated on numerous occasions that Sharia law would never be applied to Christians.

1. In the light of the above, can the Commission say whether it is aware of these facts?

2. Are there any economic cooperation relations with Sudan and, if so, do they take account of the tragic situation of some of the population and the discrimination they are suffering solely on racial and religious grounds?

3. Does the Commission not consider that it should intervene, through its President, and urge the Sudanese government to restore the observance of human rights in a country which is also one of those with a significant Islamic fundamentalist presence within its institutions?

4. In a period in which the fight against terrorism and fundamentalisms of all kinds appears to have become the central focus of political action by many governments, is it not appropriate to revise the criteria and substance of EU foreign policy in order to make observance of fundamental rights a precondition for the establishment of diplomatic relations with non-member countries?

Answer given by Mr Nielson on behalf of the Commission

(9 April 2002)

1. The Commission through its Delegation in Sudan has been active on this issue and contacts have been taken with the Sudanese authorities.

2. Sudan is a party to the Lomé Conventions and the Cotonou Agreement. However, due to the situation in the country, development finance co-operation with Sudan could not be implemented since March 1990. In view of the development of a dialogue to restore peace in Sudan a conditional resumption of cooperation could be an option.

3. It is clear that the international community's concern on this case has been influential. The Court of appeal in Southern Darfur overturned the sentence of death by stoning and sent the case back to the lower criminal court in Nyala for new sentencing where Ms Akok was given 75 lashes. However, Ms Akok's lawyer has launched an appeal to the High Court on the grounds that the sentence was given and immediately executed, thus making it impossible for Ms Akok to seek legal advice and preventing her from exercising any right of appeal.

The Commission, together with the Member States, is presently involved in a political dialogue with Sudan and is closely monitoring the situation with respect to human rights. A Union Troïka has held talks with the Sudanese Government in December 2001 and agreed commitments for 2002 in areas of human rights, democratisation, rule of law and the peace process.

4. Respect for human rights, democratic principles and the rule of law are essential elements of the Cotonou Agreement which links the Union with Sudan. Although observance of fundamental rights is not a precondition for diplomatic relations, it is a condition for cooperation.