Update: Khartoum Appeal court releases five artists imprisoned on baseless charges

(20 October 2020) African Centre for Justice and Peace Studies (ACJPS) welcomes the release of five artists imprisoned on baseless charges.  On 29 September 2019, ACJPS reported  the arbitrary arrest and imprisonment of the artists on charges under articles 69 (disturbing of public peace) and 77 (public nuisance) of Sudanese Penal Code 1991 on 18 September 2020.

On 1 October 2010, the appeal court in Khartoum set aside the conviction and sentence issued by the criminal court, and ordered for the immediate release of the artists. The appeal court held that shouting the revolutionary slogans of “Justice, Peace and democracy” does not amount to disturbing public peace or public nuisance. The court further held that the detention and conviction of the artists violated the Constitutional declaration of the 2019 transitionary period which guarantees the freedom of expression.

The artists were arrested while rehearsing following a complaint by a neighbor that they were making noise. They were initially charged with violating COVID-19 Curfew but the charge was dropped after they produced proof of written permission from the authorities. They were later charged with disturbing of public peace and public nuisance under the articles 69 and 77 of the Sudanese Penal Code after they shouted the revolutionary slogans of “Justice, Peace and Democracy” inside the police cells. The criminal court convicted and sentenced them to 2 years imprisonment and a fine of 5,000 Sudanese pounds (90 dollars).

This case shows the weakness in Sudan’s laws and the criminal justice system as vague provisions that give wide discretionary powers for authorities to restrict basic rights and freedoms are still being used by the police. This practice was used during the public order regime of the former President, Omar al Bashir where police used vague charges against youth activists, artists, and opposition members to crackdown on exercise of rights to freedom of expression, association and assembly. Courts have also continued to hold politically motivated unfair trials and passed harsh sentences on baseless charges like they did in the al Bashir regime. Relying heavily on the testimonies of the police officers exposes the flaws in the Sudanese Criminal Procedure and the Evidence Act.

ACJPS calls on Sudanese authorities to ensure a reform within the Sudanese police force, prosecution and the judiciary to ensure human rights are not abused. Judges should be trained on their duty to abide by international human rights standards while hearing cases.  We further call on authorities to put in place measures to ensure vague provisions in the Criminal Act are not used to violate basic human rights. The Sudanese authorities must also fasten legal and institutional reform to ensure an open space that respects freedom of expression, association and assembly.

Contact:Mossaad Mohamed Ali, Executive Director, African Centre for Justice and Peace Studies. (English, Arabic, Swedish): +46727712782, mossaad.ali@acjps.org

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