Mahmoud Mohamed Taha, From Wikipedia, the free encyclopedia

Trial and execution
The trial lasted less than two hours. On the first day, Monday, January 7, the only witness for the prosecution, the police officer who interviewed the accused after their arrest, was examined by the public prosecutor and the judge. His testimony lasted about an hour, The witness submitted the only exhibit for the prosecution, the leaflet published by the Republicans on December 25, 1984. Since the accused boycotted the trial, there was nothing for the judge to do except pronounce judgment, which he postponed to the next day.

On Tuesday, 8 January, the judge read his judgment, which was largely based on the statements made by the accused for the investigating police officer. The judge stated that the accused held curious and unorthodox views of Islam, which might or might not be valid: according to his knowledge of Islam, the Qur'an may reveal its secrets to men of piety and diligence. Nevertheless, according to the judgment, it was certainly wrong of the accused to discuss those secrets and insights with the public, because that activity could create religious turmoil (fitnah).

Following this discussion of Taha's thought, Taha suggested that the judge had the Islamic offense of apostasy in mind. The judge then suddenly concluded by declaring all five accused guilty of sedition, undermining the constitution, inciting unlawful opposition to the government, disturbing public tranquility, and membership in an unlawful organization. The reasoning of the decision was related to the offense of apostasy, although it never mentioned that offense by name, while the actual charges were brought on sections 96, 105 and 127A of the penal code and section 20 of the State Security Act. There was no attempt in the proceedings to show how the conduct of the accused rendered them culpable under those sections. While violation of section 458(3) of the penal code was mentioned as one of the charges, the judgment made no mention of that section.

The judge then passed the death sentence on all five accused under section 96 of the penal code, while adding the proviso that the accused could be reprieved if they repented and recanted their views. This convinced many that the judge was in fact convicting the accused of apostasy, because under Sharia law repentance and disavowal of the alleged heretic's views are grounds for reprieve. There was no basis for reprieve on such grounds in relation to section 96 of the penal code under which the accused were being sentenced.

In contrast to the trial court, the special court of appeal which reviewed the judgment relied heavily on the apostasy charge, which it specified by name. The special court of appeal confirmed the lower court's finding and sentence of death for all five accused for apostasy as well as the specified sections of the penal code and State Security Act. Holding that Taha was persistent in his apostasy, the court of appeal denied him the opportunity to have his death sentence reprieved through repentance and recanting his views. The Court ruled that the Taha's death sentence was to be carried out immediately. The other four accused were to be allowed one month to reconsider their position. They were told that they would be pardoned if they recanted.

The decision of the special court of appeal was announced on Tuesday, January 15, and the President of the Republic publicly announced his confirmation on Thursday, January 17, and directed Taha's execution to proceed on Friday, January 18. Like the trial court, President Nimeiry based his address to the nation on the theory of apostasy in Sharia law, without mentioning the offense by name, when he confirmed the conviction and sentence on all five accused. The President directed that the other four accused should have only three days to repent and recant or be executed on Sunday, January 20. As President Nimeiry was making his confirmation address through national radio and television on the afternoon of Thursday, January 17, 1985, all security forces in the capital were put on full alert. While the police and state security personnel were rounding up Republicans for detention without charge, the armed forces were taking charge of security in and around the central prison in Khartoum North, where the execution was to take place the following morning. Paratroops were moved inside the prison, where a helicopter was kept overnight in order to remove the body after the execution. At dawn on Friday, the largest security operation ever undertaken around the prison was mounted, as authorities checked identities and closely observed the several hundred people who came to watch the public execution scheduled for ten that morning. When Taha was brought up the stairs of the red steel gallows, the hood covering his face was removed for a few minutes. He is reported to have surveyed the crowd with a smile before the hood was replaced for the actual execution. Following the execution by hanging, the body was brought down, placed on a stretcher, and covered with an old blanket. Then it was taken to the helicopter, which immediately flew off to an unknown destination. Later it was reported that the body was buried in a shallow hole in the desert west of Omdurman.



...To come
Disavowal of Taha's views by party members