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’).