Continued detention of activist by Sudan’s security apparatus violates the law: lawyer

November 24, 2018 (KHARTOUM) – The lawyer of Mohamed Hassan Boshi, an opposition activist who was deported from Egypt last October, said the failure of the security apparatus to hand over his client to the prosecution was a clear violation of national security and criminal procedures.

Boshi who is an asylum seeker went missing from his residence in Cairo on 12 October. Four weeks later, on November 8, 2018, the National Intelligence and Security Services (NISS) said he is under arrest in Khartoum, confirming his handover by the Egyptian authorities.

In a statement released on Saturday his lawyer Nabil Adeeb said the Article 50 of the National Security Service Act of 2010 gives the authority the power to arrest suspects for the purpose of investigation, adding that the law, however, orders the security service to hand over the suspect to the State Security Prosecutor and all documents and appendices thereof in order to complete the procedures.

“In case of absence of initial evidence, NSS shall release the suspect,” further said the lawyer citing under paragraph 1-I of Article 50.

The 2010 law authorises the security service to arrest or detain any suspect for a period not exceeding thirty days.

Abeed pointed to a statement NSS issued on 8 November announcing the filling of a complaint with the State Security Prosecution against Boshi accusing him of espionage, provoking waging war against the state, false accusations, incitement of hatred against communities.

This move “means that the investigations carried out by the security service resulted in preliminary evidence, therefore the handover of the suspect to the prosecution is “compulsory” unless the agency decides to release him,” he added.

He also disclosed that the defence filed a request to the Under-Prosecutor of the State Security Prosecution on November 19 to carry out his duty and to rectify this mistake (continued detention of Boshi) and immediately hand over the detainee, but he has not decided on the request, so far.

Human Rights Watch on 15 November issued a statement denouncing the handover of an asylum seeker by the Egyptian authorities saying it is a violation of the international humanitarian law.

“Egyptian and Sudanese authorities cooperated in forcibly disappearing and returning an asylum-seeker to Sudan, in clear violation of international norms and the prohibitions on enforced disappearances, persecution, and torture,” said Jehanne Henry, associate Africa director at Human Rights Watch.

“Having unlawfully detained him for weeks, Sudan has now charged him with serious crimes that carry the death penalty. They should drop the charges and release him immediately,” Henry further said.

(ST)