The Penal Code links criminal responsibility to attaining puberty; thus, the death penalty is applicable to persons under 18 years of age [ID 24677]

"The 2004 Child Law applicable in all parts of Sudan states that as a matter of principle courts should not sentence children to death, and sets a maximum sentence of ten years' detention in a juvenile reformatory for capital offenses committed by persons age 15 to 18.

However, the Child Law also specifies that a child is someone under age 18, "unless the applicable law stipulates that the child has reached maturity."

This raises the possibility that a person under 18 could still be sentenced to death under the 1991 Penal Code.

Article 9 of the Penal Code links criminal responsibility to attaining puberty, and article 3 defines an adult as "a person whose puberty has been established by definite natural features and who has completed 15 years of age ... [or] attained 18 years of age ... even if the features of puberty do not appear."

The 2004 Child Law also lacks clarity on when children over 15 can benefit from the specialized courts and other juvenile justice protections created under the 2004 Child Law, and in practice few juvenile courts exist.

The 2005 Interim Constitution of Southern Sudan banned the death penalty for persons under 18 without resolving the contradiction with the juvenile death penalty provision in the Interim National Constitution.

The Southern Sudan Legislative Assembly has yet to finalize a draft Child Code that would ban the juvenile death penalty."

20.04.2006 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation

According to Criminal Procedures Act, a detainee must be brought before a judge after 48 hours of detention ("10th European Country of Origin Infomation Seminar Budapest, 1 - 2 December 2005: Final Report on Sudan") [#49770],  [ID 18916]

"The Criminal Procedures Act, which is based on the formerly British system, would offer different safeguards: a detainee must be brought before a judge after 48 hours of detention. There is a possibility of bail, and detention can be extended to 15 days of investigative detention. This system is not really in effect, because, first of all, many people are detained under emergency law, especially when there are political implications. Moreover, the judicial system is heavily overloaded. The safeguards of the Criminal Procedures Act are often not implemented simply because courts cannot cope with the number of cases."

Document(s): Open document

1991 - National Legislative Bodies

Sudan Penal Code 1991 ("Sudan Penal Code 1991") [#13875],  [ID 12171]

Document(s): Open document