Sudan legal expert clarifies scope of immunity decree for returning dissidents
October 18, 2026 (KHARTOUM) – A legal decree issued in late August by Sovereign Council Chairman Abdel Fattah al-Burhan grants dissidents returning to join an internal dialogue procedural immunity, not substantive amnesty, prominent jurist Nabil Adib said on Sunday.
Adib, a member of the preparatory committee facilitating the proposed “Sudanese-Sudanese” dialogue, sought to clarify the legal contours of the Aug. 31 executive order, which directs judicial authorities to dismiss state-initiated complaints against opposition figures based abroad.
The legal instrument establishes procedural safeguards for returning participants without extinguishing the underlying rights of action or affecting private claims, Adeeb told reporters.
Justice Minister Abdallah Daraf previously announced in September that Burhan delivered written undertakings to provide procedural immunity and dismiss politically motivated cases to facilitate an inclusive political process.
The advisory body has since engaged in preliminary consultations with political and civil society organizations to establish a consensus framework for internal talks aimed at ending the protracted conflict.
Adib distinguished the executive decree from statutory powers under the Criminal Procedure Act of 1991. While Article 58 authorizes the prosecutor general to stay criminal proceedings strictly in the interlocutory period between the conclusion of an investigation and final judgment, the Aug. 31 decree operates as an executive directive to drop state-initiated complaints prior to indictment.
The procedural immunity confers a temporary exemption from arrest and prosecution that vests upon a participant’s lawful entry into Sudanese territory for the designated dialogue.
The immunity subsists throughout the proceedings and lapses upon the participant’s departure within a period the Sovereign Council will designate, Adib said.
He noted that the provision does not grant an absolute acquittal or statutory pardon on the merits, but bars prosecution for political speech and acts of dissent expressed in opposition to the governing authorities.
Under the terms of the instrument, state security and legal apparatuses are mandated to quash complaints and drop all attendant charges filed against expatriates participating in the consultations, provided the predicate offences arise from political speech or conduct.
The order also establishes preemptive immunity, barring the initiation of subsequent criminal actions arising directly or indirectly from opinions voiced during the dialogue sessions.
Judicial, police, and security entities have been instructed to execute the decree in accordance with statutory guidelines.
Sudanese prosecutors have in recent years opened public-order and state-security prosecutions, some carrying capital penalties, against dozens of civilian politicians and journalists, including former Prime Minister Abdalla Hamdok, who headed the civilian administration dissolved during the October 2021 coup.