E/CN.4/1993/62 page 89 According to additional information received, the pilgrims and worshippers who had gathered at the Vattapalai Amman Temple in Mullaitevu to celebrate the annual pongal festival were subjected to an artillery attack on 21 May 1992." Sudan 55. In a communication sent on 1 November 1991 (E/CN.4/1992/52, para. 66), addressed to the Government of Sudan, the following information was transmitted by the Special Rapporteur: "According to the information received, article 126 of the new Criminal Code of Sudan which was published in the official gazette on 20 February 1991 stipulates that apostasy from Islam is a crime entailing the death sentence. It stipulates, inter alia, that ’Any person who committed the offence of apostasy shall be given a respite, the duration of which should be determined by the court. If that person insists on apostasy after that respite, though not newly Muslim, that person shall be punished by death.’ It indicates, in addition, ’if that person withdraws his apostasy before execution, then that execution should not be implemented’." 56. On 24 January 1992 the Government of the Sudan transmitted the following information to the Special Rapporteur with regard to the above-mentioned allegations: "On apostasy (ridda): A good number of questions were raised concerning the crime of apostasy. We suppose that apostasy as such does raise a number of issues. Let us at the start quote the relevant legal provisions. Section 126 of the Sudan Criminal Act 1991 provides: 1. There shall be deemed to commit the offence of apostasy every Muslim who propagates for the renunciation of the Creed of Islam or publicly declares his renunciation thereof by an express statement or conclusive act. 2. Whoever commits apostasy shall be given a chance to repent during a period to be determined by the court, where he insists upon apostasy, and not being a recent convert to Islam, shall be punished with death. 3. The penalty provided for apostasy shall be remitted whenever the postate recants apostasy before execution. Comments: Penalties in Islamic law should not be looked at in the religion of Islam. It would not be appropriate here to engage in a debate on Comparative Religious Doctrines. But it needs to be recalled that Islam is regarded by Muslims not as a mere religion but as a complete system of life. Its rules are prescribed not only to govern the individual’s conduct but also to shape the basic laws and public order in the Muslim State. Accordingly, apostasy from Islam is classified as a crime for which ta’zir punishment may be applied (ta’zir is a ’disciplinary, reformative and deterrent punishment’).

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