African Centre for Justice and Peace Studies ACJPS | المركز الافريقي لدراسات العدالة و السلام
(13 January 2021) Sudanese authorities should urgently drop all charges and effectively investigate the allegations of ill-treatment against Sudanese female human rights defender, Ms. Waad Bahjat. Ms. Waad is a blogger and publishes posts on Sudanese women’s rights. She is also a member of Umbda Resistance Committee, that frequently organises peaceful demonstrations calling to promote civil and economic rights in Sudan.
On 8 November 2020, Ms. Waad Bahjat was forcibly arrested by a police officer and a SAf officer after broadcasting a live video on Facebook documenting an incident in which several women were reportedly harassed by police officers and officers from the Sudan Armed Forces (SAF), and denied access to fuel a petrol station in Al-Amarat neighborhood, Street No 15 in Khartoum.
She was then taken to Al-Imtedad police station, detained and released the following day, 9 December at about 2.30 PM. Ms. Waad was charged with defamation (article 159), insult to public servant exercising judicial proceeding (article 116), publishing false news (article 66) and public nuisance (article 77) of the Criminal Act, 1991.
The prosecution proceedings commenced on 3 December 2020 with the presentation of the prosecution’s witnesses. During the second hearing on 10 January 2021, the criminal court of Khartoum, dismissed charges of defamation, insulting a public servant exercising judicial proceedings and publishing false news. The Court maintained the charge of public nuisance on grounds of recording a live video in a public place. She was also charged with the use of criminal force (article 143)[1] of the Criminal Act. Ms. Waad pleaded not guilty and refuted the accusation. She asserted that the police officers used force against her.
On 8 November 2020, at about 2:30 p.m., Ms. Waad went to a fuel station in Al-Amarat neighborhood, Street No 15 in Khartoum to refuel her car. While in the queue that was designated for women, she noticed some soldiers abusing and harassing some ladies in front of her. The officers removed number plates from a car belonging to one of the ladies. Ms. Waad also noticed that the women’s queue was not moving forward whilst the men’s queue was moving, and they were able to refuel their cars. Upon inquiry, she was told that the fuel station would not refuel for women. Ms. Waad asked to speak with the person in charge of the fuel station and then some officers came and told her that they were in charge. She tried to talk them out of prohibiting women from refueling their cars, but they rejected her plea and instead insulted her. Afterwards, Ms. Waad narrated the incident through a live video chat on her personal Facebook account. She highlighted discrimination and unequal treatment the women at the petrol station were being subjected to.
According to a reliable source, Ms. Waad was forcibly taken by a police officer and a SAF officer to a nearby cycle rickshaw and driven to Al-Imtedad police station. At the police station, her phone was taken from her and during interrogation she was threatened by the police officers. She was accused of attacking a police officer and a SAF officer. It was also reported that Ms. Waad was subjected to ill-treatment. A medical report issued on 9 November 2020 indicates that Ms. Waad’s sustained cuts and bruises on her shoulders and arms.
Ms. Waad was charged with defamation, insult to a public servant exercising judicial proceeding (article 116), publishing false news (article 66), and public annoyance (article 77) of the Sudanese Criminal Act of 1991. At the second court session, the Criminal Court dismissed charges of defamation, insulting a public servant exercising judicial proceedings and publishing false news. She is now charged with the use of criminal force and public nuisance. The next court session is scheduled for 14 January 2021. If found guilty, Ms. Waad could be sentenced to prison term of up to one year, or fine or both.
The use of criminal law to intimidate or silence those exercising their right to freedom of expression online and offline in Sudan is not new. The former regime frequently relied on crimes of defamation and publication of false news to harass real or perceived critics. Criminal charges leveled against citizens including activists, have often lacked legitimacy and unduly restricted the right to freedom of expression.
As a state party to the African Charter on Human and Peoples’ Rights, Sudan has a duty to ensure the “ensure the elimination of every discrimination against women and also ensure the protection of the rights of women.” Similarly, as a state party to the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, Sudan has an obligation to ensure the equal right of men and women to the enjoyment of civil, political, social, economic and cultural rights ensure the equal right of men and women to the enjoyment such as sex.
The unequal treatment of women at the fuel station in Al-Amarat neighborhood enforced by police officers and SAF officers indicates discrimination based on sex. Sudanese authorities should immediately address the traditional attitudes that jeopardize the equal treatment of women and men and take the necessary steps, legislative and others, to put an end to discriminatory actions that impair equal enjoyment of rights by women.
ACJPS also calls on the Sudanese authorities to drop all charges against Ms. Waad Bahjat and investigate her arbitrary arrest and ill-treatment. Sudanese authorities should guarantee the right to freedom of expression, including online expression. The UN Human Rights Committee states that the guarantee of the right to freedom of expression includes commentary on public affairs, discussion of human rights, among others and that forms of expression include internet-based modes of expression.
Background
On 18 July 2020, the Sudanese Armed Forces appointed a commissioner for the Armed Forces who is specialized 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.
On 18 November 2020, the Khartoum North Criminal Court began the trial of sports commentator and political activist, Mr. Ahmed Al-Day Bishara, in the case which the Rapid Support Forces had filed against him for recording and publishing videos on Facebook in which he allegedly disclosed military information. Mr. Al-Day is facing charges related to undermining the country’s constitutional order and disclosing military information.
An arrest warrant was issued against him on 10 December 2020. He admitted recording and publishing video clips on Facebook page, and he pointed out that his criticism of the Rapid Support Forces was for the purpose of re3forming but not disclosing military information. The case is still pending before the court
[1] The use of criminal force is defined under article 143 Criminal Act 1991 as follows, “There shall be deemed to commit the offence of the use of criminal force, whoever uses force upon another person, without that person’s consent, intending to commit any offence, or to cause harm, or fear, or annoyance to such person, and shall be punished, with imprisonment, for a term, not exceeding one year, or with fine, or with both.”
Contact:Mossaad Mohamed Ali, Executive Director, African Centre for Justice and Peace Studies. (English, Arabic, Swedish): +46727712782, mossaad.ali@acjps.org
