African Centre for Justice and Peace Studies ACJPS | المركز الافريقي لدراسات العدالة و السلام
(21 September 2021) African Centre for Justice and Peace Studies (ACJPS) expresses deep concern over the targeting of Sudanese citizens by the authorities for their online activity. ACJPS has documented an incident where a Sudanese journalists and human rights defender has been charged with defamation under article 159 of the Sudanese Penal code 1991 based on a Facebook post where she criticised the Rapid Support Forces(RSF).
On 15 September 2021, the authorities arrested Ms. Aisha Al-Majidi after the RSF and the Committee for the Removal of Empowerment of the Previous Regime filed two separate cases against her under article 159 of the Sudanese Penal Code, 1991 (Defamation). She was released on 16 September and the case is still pending before the public prosecution. It will be referred to court at any given time.
In early September, Ms Aisha published an article on her Facebook account where she called on the authorities to merge the Rapid Support Forces with the Sudanese Armed Forces. A direct translation of the Facebook post reads as follows, “The Rapid Support Forces must be dissolved because they are not useful and there is no need for them in the first place, and they are of a very high cost to the state budget, such as in the payment of salaries, incentives, vehicles and rents for buildings. There is no country in which two armies are useful!! The demobilisation of the rapid support forces is a necessity required by the sovereignty of the state. The rapid support barracks should be transformed into hospitals, child care homes, orphanages, and so on” .
Earlier on 14 September 2021, she had published another post where she criticised the Committee for the Removal of Empowerment of the Previous Regime by saying that the history confirms that the Committee for Removal of Empowerment of the Previous Regime every day increases the injustice and pain of the citizens.
Over the years, social media platforms have been increasingly used by Sudanese citizens to voice concerns over the governance of their country, among others. Given the restrictive space, the online platforms are used as a medium to freely express concerns and commentary on different issues affecting the ordinary citizen. Various media houses in Sudan have also launched online news sites that have made it possible to publish articles on topics that might have otherwise been deemed red line topics and exposed them to pre-print or post print censorship and other restrictive tactics used by the authorities. However, the Government has extended its repressive tactics and carried out arrests and interrogation of individuals for their online activity and relied on crimes under the Cybercrimes Act and the Penal Code to charge individuals for their social media activity.
ACJPS urges the Sudanese authorities to respect and guarantee the right to freedom of expression as provided for in article 56 of the Constitutional Declaration of 2019 and international and regional human rights treaties that Sudan is a state party to. ACJPS further urges the Government to ensure that this freedom is protected both online and off-line in accordance with the constitution and universally accepted standards. The Government should further instruct its law enforcement agencies to cease harassment and intimidation of individuals exercising their rights legitimately.
ACJPS also proposes a law reform within the country to adhere to regional and international standards to which Sudan has committed, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
Background
The Government of Sudan has relied on restrictive laws to control press freedom as well as online activity. Laws such as the Penal Code was designed by the deposed dictatorial regime to limit the freedom of activists, bloggers, and media professionals. In May 2018, ACJPS reported about four Sudanese citizens who were charged with defamation and cybercrimes for social media activity. In March 2021, ACJPS documented that a human rights defender had been charged with publishing false news under Article 24 the Cybercrime Act, 2018 based on Facebook post discussing the health situation in Sudan.
On 18 July 2020, the Sudanese Armed Forces appointed a commissioner for the Armed Forces who is specialised in information and cyber-crimes. His role is to file cases and follow up complaints under the supervision of the Military Prosecutor and the membership of legal officers from the Military Judiciary whose duties are to monitor all abuses against armed forces with all its components and to take the necessary legal procedures. These procedures might affect groups of activists, media professionals and others inside and outside Sudan.
For further information, contact Mossaad Mohamed Ali at: mossaad.ali@acjps.org
