Sudanese lawyers denounce confiscation of public freedoms

October 6, 2007 — Sudanese public opinion, the Democratic Lawyers Alliance and the Defence Counsel for the suspected persons have been following closely the investigation by the State Security Organisation and the Prosecutor of Offences Against the State, at the Ministry of Justice, which started in mid-July, with the arrest of Messrs Mubarak El Fadil El Mahdi, President of the Umma (Reform and Renewal) Party, Ali Mahmoud Hassanein, Vice President of the Democratic Unionist Party, Abdel Galil El Basha, a leading member of the Umma Party, General (Rtd.) Mohammed Ali Hamid and some 20 retired army offices, on suspicion of participation in an alleged sabotage attempt by starting anarchy and causing bombings in Khartoum, assassination of some politicians and other acts, aimed at overthrowing the regime in power.

The suspects have been in detention, initially by the State Security Organisation and, subsequently, by the Prosecutor of Offences Against the State, without framing any charges against them, sending them for trial or releasing them, all this in violation of the express provisions of the Criminal Procedure Act, 1991. The Counsel for Defence of the suspects has filed several petitions before the Prosecutor of Offences Against the State and the courts to resolve the matter finally either by stopping the proceedings and releasing the suspects, or by charging them and present them before the Court for trial, but with to no avail. The Counsel for Defence has regularly informed public opinion that the continued detention of the suspects is in clear violation of Section 79 of the Criminal Procedure Act. That section expressly provides that the Police may detain a suspect for up to 24 hours for the purpose of investigation; that the Prosecutor may renew such detention for 3 days; and that the Magistrate may renew it for a maximum of two weeks, always for the purpose of investigation.

Apart from that, no person may be detained beyond this maximum period of 18 days except after being charged, provided that this be done by a higher magistrate, for a period of 2 weeks at a time, for a maximum period of 6 months.

In this context, the Defence Counsel for the suspects submitted several petitions to the Khartoum North Court asking for non-renewal of the detention on the grounds that all the periods specified in Section 79 of the Criminal Procedure Act have been completed but, to the surprise of all, rejected the petition on the basis that it was not the authority concerned. Following such unlawful decision the Defence Counsel appealed to the Court of Appeal against the Khartoum North Court decision.

On October 5, the Court of Appeal declared its order rejecting the appeal on the grounds that any appeal from a decision to detain, or renew the detention, rests with the Prosecution and that all applications against such renewal should be made to the Prosecution, following all the hierarchical steps up to the Minister of Justice. This, despite the fact that the provisions of Section 79 are crystal clear, and that the renewal of detention appealed against is a judicial decision issued by a court of law, not by the prosecutor or any other authority.

The Democratic Lawyers Alliance and the Counsel for Defence for the suspects refuse and reject in the strongest terms this unjust decision, which is in clear contradiction of the Constitution which makes the Judiciary the highest controlling protection authority in the detention of persons and renewal thereof, making it a last resort for the protection of human rights and public freedoms as ordained in all religions, customs, the International Bill of Rights and confirmed by the Comprehensive Peace Agreement and the Bill of Rights in Transitional Constitution. The Court of Appeals’ decision comes as a strong blow to the principle independence of the Judiciary and a clear abandonment by the Judiciary of its protective role to the Executive Authority whose actions, according to the Transitional Constitution should be under the supervision of the Judiciary as guardian of the Constitution against any violation of human rights and public freedoms of all citizens.

The Democratic Lawyers Association and the Defence Counsel for the suspects in the so-called sabotage attempt, in rejecting the unlawful decision of the Court of Appeal, draws attention of the public opinion represented in its political forces, civil society, lawyers and the regional and international community to the threats that the Courts’ decision will entail as a serious setback, not only to independence of the Judiciary but to the aspirations and dreams of the Sudanese people for justice, freedom, transition to democracy, peace and stability, and call upon all these forces to resist this tragic legal tendency which aims at the confiscation of public freedoms.

The Democratic Lawyers Alliance and the Defence Counsel for the suspects will follow up and keep the public informed of any further developments after consultation with their detained clients.

Khartoum, 6th October, 2007