According to this CNN.com article,
Gibbons had been charged under Article 125 of Sudan's constitution, the law relating to insulting religion and inciting hatred.According to the Sudanese Embassy in Canada [pdf], Article 125 of the Constitution of the Republic of the Sudan (1998) reads:
Article 125This Article 125 gives the government the power to establish, basically, a volunteer National Guard.
Popular Defense Force
- The Republic of Sudan may establish a volunteer Popular Defense Force from among the Sudanese people for national defense, to maintain national security, or to assist any regular forces. The Popular Defense Force shall be under the command of the National Armed Forces or the Police and shall promote defense, security and other general purposes.
- The law shall determine organization, duties and supervision over the Popular Defense Forces.
There is also an Interim National Constitution of the Republic of the Sudan, (2005). Its Article 125 reads:
This Article 125 sets up the jurisdiction of the Sudanese Supreme Court, and enables the Chief Justice to establish panels of Special Masters.
- The National Supreme Court shall:
- be a court of cassation and review in respect of any criminal, civil and administrative matters arising out of, or under national laws, or personal matters,
- have criminal jurisdiction over the Justices of the Constitutional Court,
- review death sentences imposed by any court in respect to matters arising out of, or under national laws,
- have such other jurisdiction as determined by this Constitution and the law.
- The Chief Justice of the Republic of the Sudan may establish panels for the purposes of considering and deciding on matters requiring special expertise, including commercial,
personal or labour matters.
What the hell do either of these have to do with blasphemy, sharia, whipping, or teddy bears? Or the criminal law in general? Ms. Gibbons cannot have been "charged under Article 125 of Sudan's constitution," as the CNN.com article says. Neither provision (and I cannot tell for sure which one is currently in effect in Sudan; I have conflicting sources) has anything whatsoever to do with the issue, unless Ms. Gibbons' prosecution is being heard by the Supreme Court of Sudan, which isn't mentioned. Even if that were the case, Ms. Gibbons cannot have been charged under Article 125, because Article 125 does not provide for the charging of criminals.
I do so wish CNN.com would do just a teensy bit of fact-checking.