execute the whipping sentence and to set them free after paying the fine for violating article 153Criminal.
Now, Mr. Fadhul Al Marji Adam Musa has filled an appeal with us to review the issued sentence by the
above mentioned National Supreme Court; we accepted the appeal in form. He stated his reasons for
the request that the judgment of the National Supreme Court is in violation to proper procedures of
evaluation evidence, and in violation of the Sharia laws and of the law. He argued the evidence
presented by the persecution were not sufficient proof according to the Sharia law, or according to the
law governing the establishing of a crime; [He argued] the statements of the applicant alone should not
be considered without any testimonies, and that the court violated the law when considered the
applicant as a witness. The memorandum went on extensively on this point. As of regard to the judicial
confessions, [he argued] the court failed in this regard as well and that the prior sexual behavior with
her consent denies the existence of the crime of rape; and regarding what has been stated on the
medical report, [he argued] the report has been designed in her favor and as to the beating that befell
the applicant which amounted to two face slaps, [he argued] it came about was because the two
accused discovered that she maintained a relationship with both of them. The lawyer thus requested in
the end to reject the sentence of the supreme court and endorse the sentence of the appeal court.
A reply to the request of the lawyer was presented by Mr. Al Sadiq Hassan Mohammed Idress in which
he stated that what the lawyer of the applicant provided does not constitute the factual truth,
maintaining that it was not true that the court had based its decision on the statements of the applicant
alone. [he argued] that there the evidence proves [the accusation] beyond any level of reasonable
doubt, and that these evidences were accepted within the exhibits, and that the applicant statements
were not performed under oath and therefore she is not a witness, or an expert witness; the
memorandum elaborated extensively on the subject of Testimony of the Expert.
The facts are clear and evident in the files of the criminal case, and point clearly to a case of rape under
force …
After deliberations review of the documents, I am of the opinion that the sentence passed by the
National Supreme Court came in accordance with both the Sharia laws and the law, contrary to what the
review memorandum has stated. [this is because] what has been established from the criminal claim
that there were some evidence made available and were presented by the applicant. And these are not
just the statement of the applicant, and the confessions of the accused, and the medical laboratory
report alone. These evidences are sufficient to indict, specially in cases of sexual crimes, which are
usually conducted in hiding, specially that this crime happened in the wilderness where a cry for help is
useless. This dismisses the claim of victim’s consent, after the physical beating she endured for that, I
am of the opinion of reject the request of review …
(signature)
Awad Hassan Awad
Judge of the National Supreme Court
3/12/2017
I agree with the rejection of the request to review.