After I read the response from the Sudanese Embassy in DC, I was pretty upset.  They are in complete denial of what is going on with Meriam Yahia Ibrahim’s case.  And they are trying to portray the media as reckless.  

However, I switched into analyst mode (my most comfortable mode!) and looked at what they said objectively.  Here is my response to their statement.  You will come away from this understanding that what they are saying is completely ridiculous.

“The Embassy of the Republic of the Sudan in Washington DC has noticed
with regret some of the official statements and media coverage on the
case of the Sudanese citizen Mariam Ibrahim Yahia; as some of them have
mistakenly accused the government of Sudan of violating human rights by
depriving Mariam of her civil rights as a Sudanese citizen.  In this
regard, the Embassy would like to confirm the following:

The official records of the Government of Sudan indicates that the
real name of the lady mentioned in this case as Mariam Ibrahim is
actually ‘ Abrar Elhadi Muhammad Abdallah Abugadeen’ and there is no
official record shows that her name was changed to Mariam Ibrahim Yahia.
Abrar was born in um Shagrah in Algadarif state on Jan. Ist. 1986 to
Muslim Sudanese parents and the claim that the mother is an Orthodox
Christian from Ethiopia is untrue.

There was no Government agency behind the case; rather her immediate
family had reported their daughter as missing, later and after she was
found and claimed that she is Christian, the family filed a case of
apostasy against her.

The ruling of the judge was made at the primary court after hearing
all parties involved since February 2014, and it is subject to be
implemented in at least two years if confirmed by three levels of courts
which are: Appeal Court, Supreme Court and finally the Constitutional
Court. The Judiciary System in Sudan is independent, and the Sudanese
Judges are qualified and dignified.

This case remains a legal issue and not a religious or a political
one. It is unwise and dangerous to politicize the issue at hand to spur
religious tension between the two peaceful faiths with similar
foundations. Notably, It is important to emphasize that freedom of
choice is the cornerstone of both Islam and Christianity.

While reaffirming the commitment of the Government of Sudan to all
human rights and freedom of beliefs, the Embassy of Sudan in Washington
DC would like to thank all those who have raised their concern and
sympathy on this issue.”

I will go statement by statement, showing the truth of the situation.

The Embassy of the Republic of the Sudan in Washington DC has noticed
with regret some of the official statements and media coverage on the
case of the Sudanese citizen Mariam Ibrahim Yahia; as some of them have
mistakenly accused the government of Sudan of violating human rights by
depriving Mariam of her civil rights as a Sudanese citizen.  In this
regard, the Embassy would like to confirm the following:

 Let’s focus on “violating human rights”.  The government of Sudan is asserting that it is innocent in violating Meriam’s human rights and that the rest of the world is officially, and through media, falsely accusing the government of Sudan.  

I will start by saying that the government of Sudan has been documented to be repeatedly violating human rights.  Some human rights organizers have even likened it to “ethnic cleansing.”  That aside, the specific case of Meriam is in fact a human rights violation.  

“According to international law,” they (UN human rights experts) said, “The death penalty may only
be imposed for ‘the most serious crimes’, if at all. Choosing and/or
changing one’s religion is not a crime at all; on the contrary, it is a
basic human right.”  They also state that it is the right of every individual to “adopt, change or
retain a religion of one’s choice, and to manifest their religion in
practice, observance and worship, as well as the right not to be subject
to discrimination or coercion on religious grounds.”

I think it is pretty clear that Meriam’s death sentence for apostasy is a human rights violation. Period.  There is no grey area.  The only ones who don’t recognize this are the ones that have laws similar to Sudan’s.

Secondly, let’s discuss the issue of her civil rights as a Sudanese citizen.  According to Katherine Perks, the Program Director of the African Centre for Justice and Peace Studies, 

“Ms. Ibrahim’s only ‘crime’ is her
religious conviction. She has been sentenced to death solely on the
basis of her religious beliefs, contrary to equality and
non-discrimination guarantees in Sudan’s own Constitution and regional
and international commitments made by the Government of Sudan. The
sentences of lashings – a form of state sanctioned torture – and the
death penalty must be revoked and Ms. Ibrahim released immediately.”

According to those that know Sudanese law, they are violating their own constitution which allows for equality and non-discrimination.  Here are the direct words from their Constitution.

National unity
6. The country is united by the spirit of allegiance, in conciliation between all the people, and co-operation for the distribution of national power and wealth in justice and without grievance. The State and the society shall strive to entrench the spirit of conciliation and national unity between all the Sudanese for aversion of religious, partisan, and sectarian fanaticism, and eradication of racism.

Freedom of creed and worship
24. Every human being shall have the right of freedom of conscience and religious creed, and he shall have the right to declare his religion or creed, and manifest the same by way of worship, education, practice or performance of rites or ceremonies; and no one shall be coerced to adopt such faith, as he does not believe in, nor to practice rites or services he does not voluntarily consent to; and that is without prejudice to the right of choice of religion, injury to the feelings of others, or to public order, all as may be regulated by law. 

Meriam is being denied her right to choose Christianity.  She has also been subject to coercion to reject her faith.  Because she would not be coerced, she was sentenced to death.  She was sentenced to death for claiming her religion, for claiming her human rights, and for claiming her Sudanese rights.

The official records of the Government of Sudan indicates that the real
name of the lady mentioned in this case as Mariam Ibrahim is actually ‘
Abrar Elhadi Muhammad Abdallah Abugadeen’ and there is no official
record shows that her name was changed to Mariam Ibrahim Yahia. Abrar
was born in um Shagrah in Algadarif state on Jan. Ist. 1986 to Muslim
Sudanese parents and the claim that the mother is an Orthodox Christian
from Ethiopia is untrue.

I will just say that I do not trust anything that the Government of Sudan says is, or is not, the case.  How many times have governments hidden things, destroyed evidence, etc in order to save face.  Every government in the world has done it.  Where is the proof that what Meriam, and her supporters, say is untrue. 

There was no Government agency behind the case; rather her immediate
family had reported their daughter as missing, later and after she was
found and claimed that she is Christian, the family filed a case of
apostasy against her. 

I once believed this to be the one true statement. It had been shown
that Meriam’s family reported her as missing. When they found out that
she was living with a man, they filed adultery charges. Once they
discovered that she was married to a Christian man, they filed an
additional charge of apostasy. The crux of this is whether or not she
was born a Christian or a Muslim. The family says she is Muslim. She
says she was raised Christian.

However, what we once thought was true has been proven wrong, again. Meriam’s legal team
spoke out about how their witnesses were barred from testifying because
they were Christian. The legal marriage license and birth certificate,
as well as evidence proving who Meriam’s mother was, were disregarded.
Also, the three family members aren’t even real family members. Meriam’s
lawyers believe they are targeting her in order to try and claim
ownership of her business.

Even if you took all that away, she is a Christian now. She married a
Christian man. They have two children that they want to raise to be
Christian. This is not a reason to condemn someone to death. And having
marital relations with a person you are married to is definitely not
adultery.

 

The ruling of the judge was made at the primary court after hearing all
parties involved since February 2014, and it is subject to be
implemented in at least two years if confirmed by three levels of courts
which are: Appeal Court, Supreme Court and finally the Constitutional
Court. The Judiciary System in Sudan is independent, and the Sudanese
Judges are qualified and dignified. 

Where to start?  First, despite the fact that the marriage was performed in a church by a legitimate priest, the judge claimed that her marriage was invalid.  This invalidation caused her to be in adulteress in the eyes of the law.  I find this incredulous.  It is like telling your child to brush their teeth.  When they do, you tell them that they have to go to time out because they brushed their teeth with a blue brush instead of a pink one.  Seriously?!

Second, where is the proof of the allegations the family laid upon Meriam?  It seems that it is someone’s word against someone else’s word.  So why take the side of the family over Meriam, her husband, and their supporters?  Could it be because the family is Muslim and Meriam is not?  According to the Constitution, all parties’ words are equal.

Right to equality
21. All people are equal before the courts of law. Sudanese are equal in rights and duties as regards to functions of public life; and there shall be no discrimination only by reason of race, sex or religious creed. 

So, if all are equal before the court, where is the evidence saying
that Meriam’s assertions are untrue? Her legal team provided evidence
that Meriam’s assertions were true. They attempted to bring witnesses,
but they were not allowed to testify.

Third, the judiciary is not the main issue here.  The laws of the land are.  The Constitution of Sudan, Human Rights, and Sharia Law are all at odds with each other.  Before we can even discuss the quality of the courts, we have to discuss the laws of the land.  

As mentioned above, Meriam has rights guaranteed to her by the Sudanese Constitution that allow her the freedom of religion and the freedom to marry whomever she pleases.  So how can she be in court for these very things? The answer lies in the society of Sudan.

President Omar al-Bashir stated, right after South Sudan’s
secession, that he was going to impose a 100% Islamic state.  “The
official religion will be Islam and Islamic law the main source.”
  This is reflected in Article 126 of the 1991
Criminal Act, which, in line with Sharia law, states that apostasy from Islam,
is punishable by death.  President al-Bashir has pushed Sharia law in his country.  He continually bombs Christian areas in order to drive them out.  His government targets Christians by raiding churches, confiscating Bibles and religious materials, and other such means (Voice of the Martyrs. Restricted Nations: Sudan)
In addition to this, the Criminal Code of 1991 has been written in accordance with Sharia law, not the Constitution.  Therefore, in cases like this one, conflict between the law of the land and law enforcement come to a head.  Instead of resolving the issue, the Criminal Code takes precedence.  So unless Meriam’s lawyers can convince an appellate court that the Constitution should take precedence over the Criminal Code, her conviction will stand.
In Sudan, you have a Constitution, but it is secondary to the Criminal Code (which is in itself Sharia law).  This is evidenced, not only by President al-Bashir’s own words, but by witnesses, both local and foreign, to the atrocities committed daily.  These issues have to be dealt with before anyone can ascertain the quality of the courts.
This case remains a legal issue and not a religious or a
political one.

I would agree, to a point.  It is a legal issue.  However, it is a legal issue about
religion.  Specifically, it is about a
person changing his/her religion.  Let’s assume that the Sudanese
government is right and Meriam was born to two Muslim parents (something I have
a hard time believing).  It is still
wrong to sentence her to death for changing her religion.  Therefore, it is a religious issue.

It is also a political issue.  The fact that Sudan allows a death penalty
for changing one’s religion is a humanitarian issue.  Countries that are appalled by this are
standing against the government of Sudan. 
That is what makes it a political issue.

It is unwise and dangerous to politicize the issue at hand
to spur religious tension between the two peaceful faiths with similar
foundations.

First, the reason the issue is politicized is because the
whole case is so egregious.  It is not
unwise to stand up for human dignity.  It
may be dangerous, but sometimes doing the right thing is dangerous.

Second, since when is Sudan peaceful?  There continues to be incredible violence in
Sudan.  There is violence between Africans and Arabs in Darfur.  The government is consistently raiding
churches, confiscating Bibles, and bull dozing churches.  The government also engages in indiscriminate
bombings that human rights observers say “amount to ethnic cleansing” of
Christians.  So where is this peace that
is being disrupted?

Notably, It is important to emphasize that freedom of choice
is the cornerstone of both Islam and Christianity.

This whole statement is wrong.  Yes, freedom of choice is inherent in
Christianity.  

 

The
woman said to the serpent, “We may eat fruit from the trees in the garden,
but God did say, ‘You
must not eat fruit from the tree that is in the middle of the garden, and you
must not touch it, or you will die.’”

Genesis 3:2-3 (allowing for the choice to obey or disobey)

Brothers and sisters, if someone
is caught in a sin, you who live by the Spirit should restore that person
gently. But watch yourselves, or you also may be tempted.

 Carry each other’s burdens, and in this way
you will fulfill the law of Christ. If anyone thinks
they are something when they are not, they deceive themselves. Each one should
test their own actions. Then they can take pride in themselves alone, without
comparing themselves to someone else, for each one should carry their own load.
 Nevertheless, the one who receives
instruction in the word should share all good things with their instructor.

 Do
not be deceived: God cannot be mocked. A man reaps what he sows.
Whoever sows to please
their flesh, from the flesh will reap destruction; whoever sows to please the
Spirit, from the Spirit will reap eternal life. Let us
not become weary in doing good, for at the proper time we will reap a harvest
if we do not give up.  Therefore, as we
have opportunity, let us do good to all people, especially to those who belong
to the family of believers.
Galatians 6:1-10 

This day I call the heavens
and the earth as witnesses against you that I have set before you life and
death, blessings and curses. Now choose life. 
Deuteronomy 30:19

However, it is not the cornerstone of
Islam.

Indeed,
the penalty for those who wage war against Allah and His Messenger and strive upon
earth [to cause] corruption is none but that they be killed or crucified or
that their hands and feet be cut off from opposite sides or that they be exiled
from the land. That is for them a disgrace in this world; and for them in the
Hereafter is a great punishment.
Quran 5:33 (“wage
war” is considered verbal as well as physical)

So
when you meet those who disbelieve [in battle], strike [their] necks until,
when you have inflicted slaughter upon them, then secure their bonds, and
either [confer] favor afterwards or ransom [them] until the war lays down its
burdens. That [is the command]. And if Allah had willed, He could have taken
vengeance upon them [Himself], but [He ordered armed struggle] to test some of
you by means of others. And those who are killed in the cause of Allah – never
will He waste their deeds.
  Quran 47:4

Fight
those who do not believe in Allah
Quran 9:29

“Apostasy (irtidād, ridda)
is the abandonment of Islam either by a declared desertion of Islam in favour
of another religion or a clandestine rejection of Islam, often combined with the
secret practice of another religion. From the first/seventh century to the
present day, Muslim jurists have agreed that the punishment for apostasy from Islam is death,”
~ Encyclopedia of Islam

(underline added)

Lastly, freedom of choice is most
definitely not the cornerstone of the government of Sudan, as outlined in their
Criminal Code of 1991, which makes apostasy (changing one’s religion from Islam
to another religion) punishable by death.  Unless, your freedom is to choose Islam or
death, there is no freedom of choice.  

For Meriam Yahia Ibrahim, she has no freedom to marry who she wants, no freedom to choose a
religion other than Islam, and, as of right now, has no freedom at all.  

 

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