SUDAN'S PUBLIC ORDER COURTS - ENFORCING MORALITY WITH A

UNCLAS KHARTOUM 001150 SENSITIVE SIPDIS DEPT FOR AF/SPG, S/CRS, AF/C, DRL DEPT PLS PASS USAID FOR AFR/SUDAN C O R R E C T E D C O P Y - PARA MARKINGS 2,3,4,5 E.O. 12958: N/A TAGS: PGOV PREL PHUM CASC SU SUBJECT: SUDAN'S PUBLIC ORDER COURTS - ENFORCING MORALITY WITH A LASHING ¶1. (SBU) SUMMARY: First instituted by former President Nimeiri in 1983 as part of an Islamicizing trend, Sudan's Public Order Courts have continued to serve as the state mechanism for morality enforcement since the National Islamic Front's rise to power in ¶1989. Today the court still issues punishments ranging from fines, to lashings, to lengthy prison sentences for offences such as drinking alcohol, wearing inappropriate clothing, or associating with unmarried women. On July 31, poloff and conoff met with an Amcit and Canadian citizen both of whom had been found guilty under this code. The female Amcit was found guilty of wearing inappropriate clothing and paid a relatively small fine. The Canadian, convicted of drinking alcohol while being with an unmarried woman, faces a stiffer sentence. END SUMMARY. ¶2. (SBU) On July 31, conoff received a call from a journalist who reported that a Sudanese-American citizen found guilty of public indecency would reportedly soon be lashed at a Public Order Court in North Khartoum for indecent dress. Poloff and conoff traveled to the court and met Anok E. Kuanyin Agoth, a twenty year old Sudanese-American dual national. Agoth reported that on July 24 she walked to a nearby shop in jeans and a short-sleeve shirt. When an officer approached Agoth, she said he informed her that her clothing was indecent and that he "could see my body shape." The officer arrested Agoth, who was held for 2.5 hours at the police station. She said she did not inform the authorities of her American citizenship because she feared repercussions. The judge heard Agoth's case a week later, found her guilty, and issued a sentence that allowed her to choose between ten lashes and one month in jail or payment of a fine of 100 Sudanese Pounds (appx. $50.) Agoth paid the fine and left the court. ¶3. (SBU) Court officials informed conoff and poloff that they had also tried and found guilty another person they said was a Sudanese-American citizen of drinking alcohol and associating with an unmarried woman. Court officials stated that this individual was sentenced to one month in jail, 80 lashes, and a 2000 pound fine. The court granted access to the prisoner. However, he told emboffs he held Canadian-Sudanese dual citizenship and was not an Amcit. Conoff notified the Canadian consul of the detained Canadian citizen. ¶4. (SBU) Coincidentally, when the Agoth case happened, CDA Fernandez was meeting with DUP parliamentarian Mudawi al-Turabi who is very familiar with the Public Order Courts. He described them as "arbitrary, corrupt local institutions" and often staffed by illiterate and ignorant petty officials looking to supplement their pay by extortion and harassment. Turabi, who has immunity as a parliamentarian, was recently accosted by two young men claiming to be working for the Public Order Courts. It turned out that they were indeed working for a local court and were cashiered former SAF paratroopers looking for a little extra cash. Turabi's charge was to be that he had been talking to or associated with a young woman who is not a relative. He succeeded in calling a police general friend who arrested them for illegally bothering his friend - in Sudan, both justice and injustice can be personal and venal. ¶5. (SBU) COMMENT: Despite significant liberalization in the last 10 years, Sudan still has some strict laws on the books regarding dress codes for women, consumption of alcohol and "immoral" behavior, giving license to freelance Islamists and corrupt officials to extort a few pounds from the powerless. ConOff is sending suggested edits to CA for to post for travelers planning to come to Sudan. END COMMENT. FERNANDEZ