Forensic Science, 7 (1976) 141-150 0 Elsevier Sequoia S.A., Lausanne - Printed

A PROFILE

OF HOMICIDE

141 in the Netherlands

IN THE SUDAN

M. 0. A. MALIK Department

of Pathology,

Faculty

of Medicine,

University

of Khartoum

(Sudan)

0. SAW1 Forensic

Science

(Received

Laboratory,

Ministry

March 22, 1976; accepted

of Interior,

Khartoum

(Sudan)

April 29, 1976)

SUMMARY The pattern of homicide in the Sudan is discussed with regard to frequency, particulars of the people involved, motivation and circumstances, instruments used and penalties. The difference in this pattern between the Northern Sudan (mainly Arab-Muslem) and the Southern Sudan (mainly Negroid-non Muslem) is indicated.

INTRODUCTION

Homicide in the Sudan is currently about 1000 per year in a population of approximately 14 million people. Indeed, the rate of crime as a whole in this country is still relatively low, averaging at approximately 0.003 per cent of the whole population per year [l] . However, this situation, largely due to the presence of a basically primitive and religious community, is gradually worsening.

MATERIAL

AND METHODS

The present communication is based on an analysis of (i) the records of the Ministry of Interior, (ii) the annual reports of the Ministry of Health and (iii) the autopsy reports, Department of Pathology, University of Khartoum.

RESULTS

AND COMMENTS

(A) FREQUENCY

The rising rate of homicide

*Paper presented to the September 8 - 12, 1975.

7th

is indicated

International

in Table I.

meeting

of

Forensic

Sciences,

Zurich,

142 TABLE

I

Crimes against the person

in the Sudan 1970

1960 Homicide Attempted homicide Grievous bodily harm Nongrievous bodily harm Others Total

(B) REASONS

FOR

1974

577

847

1009

83

102

219

3175

5046

6905

39 745 28 478

78 190 70 376

82 248 109 424

72 058

154 561

199 805

INCREASE

IN CRIME

INCLUDING

HOMICIDE

The main reasons behind the increase in homicide and other crimes are as follows. (1) Migration of young men from the villages to the crowded towns seeking better living conditions and being frustrated by difficulties in lodging and employment. This migration has also led to the concentration in slums of people from different tribal background and customs resulting in inevitable friction and clashes. (2) The unchecked influx of immigrants from neighbouring countries either seeking employment or political refuge. It should be recalled that the Sudan has common borders with 8 countries (Ethiopia on the east, Chad and Lybia on the west, Egypt on the north and Uganda, Zaire, Kenya and Central African Republic to the south). (3) The continued legality of carrying heavy walking sticks and knives (worn around the upper arm), both instruments being considered as part and parcel of the national “costume” and the traditional way of life. This tradition has recently been banned in towns but many people still carry or at least keep these weapons at home. Ironically, it is often argued that it is essential for the citizens to keep such agents as the Police Force is too small for such a vast country and since wild animals and snakes are still encountered. (4) The increase in the number of drinking places, called “Indayas”, making, selling and offering illegal alcohols whether distilled such as “Aragi” or brewed such as “Mareesa”. These drinks are made from local products such as dates, millet, banana or pineapple. “Aragi” is a very strong distillate, said to be able to “power cars”. (5) The continued dependence of a large sector of the population on grazing and farming on limited strips of land and water-supply thus predisposing to tribal clashes.

143 (C) MOTIVATION

The cultural and socio-economic structure of the Sudanese population has an important bearing on the pattern of homicide in the Northern and Southern parts of the country - the former being inhabited mainly by Muslems of Arab origin while the latter is inhabited largely by Negroid races most of whom are pagans, the remainder being Christians or Muslems. Lobban [l] dealt in detail with this subject; here are the salient features of her findings. (a) In the North Here sexual jealousy or mistrust and suspect of infidelity is found to be the motive behind some 25% of homicide cases, mainly because the concept of honour and morality are so fundamental to this Muslem society [2] The second most frequent motive - accounting for about 15 - 20% of the cases -- is excessive drinking, coupled with volatile conversation in and around the “Indaya” and other places of drink. Under such circumstances killing can occur for very trivial reasons. The third most common cause - about 15% of cases - is homicide whilst defending land, water and animal rights and property. In such cases tribes tend to be involved and multiple killings might occur. Insulting language or behaviour especially insults related to the moral conduct of one’s close female relatives. Disputes over money - often the amount is very small (in one case over 2 piasters). Killing one’s wife because she has failed to obey him, ignored his needs or in general rebelled against his authority. This reflects a society which is still the man’s domain. Fights at circumcision parties, dances and wedding gatherings where sexual jelousy or an insult can provoke clashes. Defending the honour and reputation of one’s family. For instance a brother might kill the lover or suitor of his sister or close female relative. Revenge killings still occur though rarely. Occasionally homosexual advances have led to killing. In a society where the sexes are separated this practice is not infrequent. From time to time the tribal chiefs are attacked in or out of the Court for making a decision unfavourable to the accused. Similarly arresting policemen may be attacked and killed. Intervention to stop quarrels, which are common in this country, might prove fatal. (b) In the South Here the main reason behind homicide - approximately 20 - 25% of cases - is disputes, often among close family members, over animal wealth such as cattle which are to be used in bride wealth payments.

144

The next cause is, as in the North, a combination of drink and provocative insults. Unlike the North, sexual jealousy comes third in the South, due to the much lesser restrictions in a largely primitive pagan society.

(D)

HOMICIDE

CASES

RESULTING

FROM

WITCHCRAFT

AND

SUPERSTITION

Such cases are still reported from the more primitive regions of the country but now on a much reduced scale. The recent story of the twin brothers Hassan and Hussein is worthy of mention. “The twins belong to a tribe in the Western Sudan called Zaghawa, some of the members of which have been notorious for robbery and killing. Hassan, a high school student, claimed that he was instructed by voices from Heaven to redeem his people and set them on the right path to God. He first confided this to his twin brother Hussein, also a high school student, and then to his family. They believed in his message and supported him and eventually he had no difficulty in convincing the simple villagers and in assuming the role of the religious leader of the community. Then came the incredible part of the story when he was able to convince the members of his family to accept being executed so that they become “clean of vices”. The execution took place in day-light at the grave-yard with the whole village watching but not interfering. He used a sword and executed the mother, a brother and a sister. He also wounded the father, an uncle, then his twin brother and finally himself. The twins were arrested and detained for psychiatric treatment.” This case has been studied by the medical and legal authorities and the findings will be published in detail at a later date.

(E) CHILD

MURDER

This again has a different pattern in the North and South [l] . In the Arab-Muslem North - where illegitimate pregnancy is considered such a disgrace that the mother hereself might be killed by her family - an illegitimate child is most likely to be destroyed after birth. In the South, on the other hand, the illegitimate child is usually accepted and the only problem is to decide who the father was so that he would pay compensation to the girl’s family and also who will obtain legal custody of the child. Child killing in the South is thus very rare and occurs only where the child is badly deformed (this type of killing being sanctioned in some tribal laws) or occasionally in the birth of twins (considered bad omen by some communities).

145 (F)

TYPE

OF VICTIM

AND

SUSPECT

About 90% of the victims are males, only 10% being females. With regard to the suspects, the great majority are also males, it being rare for women to commit murder. This sex pattern is again a reflection of the socio-economic structure of the community where the man is the senior partner who earns and has freedom out-of-doors while the woman usually stays behind and is generally shy and submissive. Of the accused or suspects approximately 60% are in the third decade of life and 30% in the fourth decade while only 5% are under 19 and 5% above 49. Violent crimes by minors are still rare in the country.

(G)

INSTRUMENTS

USED

IN KILLING

Sharp-cutting instruments (Fig. l), such as knives, “Khangers” (daggers) and swords, are the weapons of choice, accounting for about 60% of cases. The second most popular agent of homicide is blows by heavy sticks and clubs (30% of cases). This is not surprising since, as mentioned earlier, such deadly weapons are frequently carried by Sudanese men as part of their traditional costume. Killing by firearms accounts for 5-10% of cases; it is only likely to occur in civilian practice when a policeman is faced with a criminal or a person fires at a burglar who breaks into his house. A few cases are encountered in tribal clashes. In the Southern Sudan spears or even poisoned arrows are occasionally used.

(H)

CIRCUMSTANCES

A notable aspect of homicide in the Sudan is the absence of the professional criminal [l]. The accused is generally a first offender and the crime is committed on the spur of the moment with no premeditated planning. The accused not only confesses when arrested but often gives himself up voluntarily and sometimes even boasts that he had avenged for his tarnished honour, brandishing his blood-trickling or stained knife as a token of this. Most of the killings, whether in open view or inside houses, occur in the presence of other people. Even when no witnesses have been present, the accused usually leaves clues. Thus the detection rate, even when there is no confession, is very high indeed. Recently however, a few mysterious homicides (Figs. 2-4) have occured in Khartoum and other large towns, brought about by the increasing sophistication of society and by imitation of what is seen in the movies and read in thrillers-book. A number of these cases concerned dumping of the bodies of murdered victims in the River Nile in an attempt to mask the crime. Another feature of homicide in the Sudan is the absence of any tendency to mutilate the body. Thus identification seldom poses problems particularly

146

(c) Fig. 1. Some Instruments used in homicide (c) Spears and (d) Bow and arrow.

(a) Blunt weapons,

(b) Sharp weapons,

147

Fig. 2. Murder by strangulation and then dumping the body in the River Nile after weighting it with a large stone. The girl was illegitimately pregnant by a man of different religion and the family refused the marriage.

since many Sudanese men and women have distinctive tribal scars called “Shilukh” on their cheeks. In certain parts of the country, particularly in the South and West, it has been noticed that killings increase during the harvest season. This is probably due to two reasons (i) the drinking and rejoicing gatherings attended by both men and women and (ii) now that the toiling is over, people have time to “settle old affairs”. During the holy fasting month of Ramadan there is a tendency to decrease in crime - partly because drinking has always been minimal in this month and now has actually been banned. On Thursday nights (Friday is Muslems holiday) particularly at the beginning of the month when people receive their pay, drinking gatherings tend to be maximal and affrays with injuries, some fatal, are common (housemen on duty dread such nights).

148

Fig. 3. Murder

after attempted

Fig. 4. Murder

after robbery

rape.

of gold ornaments

worn by the victim.

149 (I) PROBLEMS

Aggravation

RELATING

TO

INCIDENTAL

DISEASE

IN

HOMICIDE

CASES

of injury in the victim

Section 246 of the Sudan Penal Code dealing with homicide includes an explanation which reads “A person who causes bodily injury to another who is harbouring under a disorder, disease or bodily infirmity and thereby accelerates the death of that other, shall be deemed to have caused his death.” The Criminal Court Circular No. 25 lists some of the questions that might be put to a medical practitioner in cases of personal violence: Did you find any appearance of disease in the body? If so, do you consider that if the deceased had been free from this disease, the injuries would still have proved fatal? Do you believe that the fact of his suffering from the disease lessened his chances of recovery from the injuries sustained? The incidental diseases in homicide victims which might cause problems in the Sudan are mainly hepatosplenomegaly due to such causes as malaria, bilharziasis and kala-azar, hydatid cysts in abdominal viscera, amoebic liver abscess and syphilitic aortic aneurysms. These lesions are obviously accessible to rupture by trauma which might be very slight. In cases of sicklecell disease it might be argued that the shock gendered by the trauma could well have precipitated a fatal sickling crisis.

Diminished

responsibility

of the attacker

Such a question might arise where the accused is found to be suffering from trypanosomiasis, cerebral malaria, meningo-encephalitis or the neurological manifestations of tertiary syphilis as well as such rare spaceoccupying lesions of the brain as amoebic abscesses, hydatid cysts, tuberculomas and bilharziomas.

(J)

PENALTIES

In the Sudan, culpable homicide amounting to murder is punishable by death (hanging) or imprisonment for life, while culpable homicide not amounting to murder is punishable by imprisonment for life or any lesser term. Since most of the killings are non-professional and non-meditated, it is doubtful whether the death penalty has much influence on the rate of homicide. However, it is argued that its abolition might encourage the type of professionally-planned crimes. Moreover, the Islamic Law provides specifically for the death of a killer. Another interesting feature is the existance of “Dia” or blood compensation payments as part of Customary law in both the Northern and Southern parts of the country.

ACKNOWLEDGEMENT

The authors manuscript.

are

indebted

to Mr. Mutasim

El Fadil

for

typing

the

REFERENCES 1 C. F. Lobban, Law and anthropology in the Sudan (an analysis of homicide cases). African Studies Seminar Series No. 13, Sudan Research Unit, Khartoum University Press, 1972. 2 T. Nordenstam, An analysis of traditional Sudanese values. Ph. D. Thesis, University of Khartoum. 1965.

A profile of homicide in the Sudan.

Forensic Science, 7 (1976) 141-150 0 Elsevier Sequoia S.A., Lausanne - Printed A PROFILE OF HOMICIDE 141 in the Netherlands IN THE SUDAN M. 0. A...
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