In the name of Allah, Most Gracious, Most Merciful
The Federal Supreme Court
Criminal Circuit
Before their Excellency
Mahgoub Alameen Alfaki
Awad Hassan Awad
Ambeely Babikir Ahmed
Mosa Alneil Almekashfy
Salah Altigany Alameen

President
Member
Member
Member
Member

The Trail of Albra Yaseen Alfadil
No / M T J /50/2016 / First Circuit
Judgment
The accused Albra Yaseen Alfadil has appeared before the Court of Juvenile facing an accusation
under section 45-B of the Juvenile Act. The accusation was proved before the court hence the court
order sending the convicted to a reformatory institute for two years. However, the Court of Appeal of
the White Nile State according to the majority opinion decided that this measure is not adequate and
order referring the papers to the First Instance Court to deliver the child to his father provided that the
father shall sign an undertaking to the effect that he would carefully look after the child. The court
recognized the victims relative right to claim compensation from the child guardian for the damage
incurred by the victim. This judgment was the subject matter of an objection to the Supreme Court –
Maidtrianinn States Circuit. The Supreme Court amended the measure by ordering the delivery of the
child to any charity organization concerned with looking after and caring for children or any other
entity of a same objectives and order the return of case papers to the First Instance Court to judge
accordingly.
On behalf of the victim Advocate, Ibrahim Basheir Aljack filed this request to the court to examine
and review the aforesaid judgment. The application is based on the Advocate allegation that the
measure of delivering the child to charity organization would not meet the objective of reform,
bearing in mind the dangerousness of the act committed by the child.
The application for review met the formal requirements according to section 188A of the Criminal
Procedure Act. The proceeding is satisfied by the summon of the opponent to reply to the issues
raised in the application. As on behalf of the opponent Advocate Anas Abdulrahman, I request the
Court to cancel the application and uphold the court's decision since the term of the measurement
itself has lapsed as a matter of subject.
It’s not disputed that the child has committed an act that is considered a crime under section 45 B of
the Juvenile Act. It is apparent that act was very major and dangerous despite the fact that the child
was of small age at the time of committing the crime. Irrespective of the definition of the act and its
grievance, the only proceeding that could be taken against the act is the order to take the necessary
reformatory measure according to the provisions of the law upon conducting a social study. In such
measure the interest of the child should highly be appreciated, as the end purpose is to rectify the
child’s behavior and reform him. Theoretically the Juvenile Law cater for this proposal, but
unfortunately most of the law provisions in that regard were not applied in fact. It is worth saying that
the rules and regulations required by the law to be legislated, were not enacted till now and for this
reason many of the measures stipulated in the law could not be applied.
In this situation the child was subjected to a long process of litigation, which continued for 3 years
from the date of filing the case on 1/6/2015. During this period the child was shifted from a

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