African Centre for Justice and Peace Studies ACJPS | المركز الافريقي لدراسات العدالة و السلام
(20 September 2021) Sudanese authorities should urgently drop all the trumped up charges levelled against two civic rights activists and human rights defenders, Musab Zakaria, a 19-year-old-male and Suleiman Jamal, a 25-year-old-male. African Centre for Justice and Peace Studies (ACJPS) urges the authorities to respect and guarantee the right to freedom of expression and peaceful assembly as provided for in article 56 and 57 of the Constitutional Declaration of 2019 and international and regional human rights treaties that Sudan is a state party to. The Government should further instruct its law enforcement agencies to cease harassment and intimidation of individuals exercising their rights legitimately.
On 11 September 2021, at about 1:00 PM, members of the Rapid Support Forces (RSF) arrested the two activists from inside a mosque in the Umbada neighborhood in the Omdurman city as they protested against the Vice-President of the Sovereign Council and the Commander-in-Chief of the RSF, General Mohammed Hamdan Dagalo who was inside the mosque, and demanded justice and accountability for crimes committed by the RSF against the civilian population.
The two activists were at first taken to an unknown location but were later produced at the Al-Rashideen police station in Omdurman. A criminal case was filed against them under articles 69 (disturbance of public peace ) and article 77 (Public nuisance) of the Criminal Act 1991. Each charge carries a penalty 3 months imprisonment, fine or whipping of up to 20 lashes. The criminal case was filed against them without hearing any complainant or witnesses.
On the same day, their lawyers went to the police station in Al-Rashideen neighborhood in order to get them released on bail but they found the file of the criminal case empty without any statements of the complainant or witnesses thus were unable to get them released. In the evening of the same day, the two activists were transferred from Al-Rashideen police station in Omdurman city to Khartoum North police station in Khartoum city. The case file at the Al-Rashideen police station in Omdurman was not transferred to Khartoum North police station therefore there was no criminal complaint against them in Khartoum North police station for them to be legally be handed over to the Khartoum Northern Division.
On 12 September, investigations were completed as a police officer showed up as a complainant. He was heard and thereafter, the activists were released on bail. The criminal case is still pending before the Public Prosecution and will be transferred to court at any given time.
The use of criminal law to silence or intimidate those exercising their right to freedom of expression, association and assembly in Sudan is not new. The old regime progressively and deliberately violated the right to freedom of expression, association and assembly through arrest, detention and prosecution of peaceful protesters for malicious and fabricated charges usually under Articles 69 (disturbance of public peace) and 77 (public nuisance) of Sudanese Criminal Code . Criminal charges levelled against citizens including activists, have often lacked legitimacy and unduly restricted the right to freedom of expression and assembly.
In the wake of protest against austerity measures imposed by government in 2018, the Human Rights Committee in its Concluding Observation called on Sudan to refrain from prosecuting demonstrators and meeting organizers for exercising their right of assembly.
ACJPS believes there is no legitimate cause for a criminal charge against the two activists and that their arrests were solely based on their organisation and participation in the peaceful demonstrations calling for justice and accountability for crimes committed by the RSF. We call on authorities of Sudan to immediately drop all charges against them, and all other human rights defenders detained on trumped up charges. In the event that the authorities fail to drop the bogus charges against them, we also affirm the rights of the activists to a fair trial before an impartial, independent, and competent tribunal.
We further call on the Government of Sudan to respect the people’s rights to freedom of assembly, association and expression as guaranteed in international standards and UN treaties ratified by Sudan. We strongly urge Sudanese authorities to stop restrictions on freedom of expression and association, and allow civil society activists and human rights defenders to demonstrate peacefully and engage in public action. Authorities should instruct security forces to stop targeting activists and should cease using the criminal code to silence or restrict activists.
Background
Sudanese authorities routinely use sweeping criminal provisions that carry heavy penalties to harass and intimidate human rights defenders and other peaceful activists from conducting work and currying out peaceful assemblies. The criminalisation of human rights defenders and other civil society activists is increasingly used as a means of curtailing human rights work and other peaceful activism. This has restricted the enjoyment of the right to freedom of expression, associtaion and assembly.
In 2019, ACJPS documented several human rights defeneders and activitsts detained for actual or suspected particpation in peaceful protests. In october 2020, five artists were charged with disturbance of public peace and public nuisance for chanting revolutionary slogans inside jail cells.
For further information, contact Mossaad Mohamed Ali at: mossaad.ali@acjps.org
