Home page | Press Releases Monday 6 June 2011
Journalists reporting on sexual violence against women face criminal charges
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African Centre for Justice and Peace Studies
Journalists Reporting on Sexual Violence against Women Face Criminal Charges
- Contact: Osman Hummaida, Executive Director
- Phone: +44 7956 095738
- E-mail: [email protected]
3 June 2011 — On 29 May, proceedings brought by the prosecutor of the
Press and Publications Court against Professor Omar el Gerai, a
journalist and activist, and Abdallah Sheikh, the editor of Ajras
Alhurria, began in Al Shemali Court in Khartoum North. The two
journalists are being tried for an article published 6 March by
Professor el Gerai in Ajras Alhurria entitled “Rape…under Sharia law”,
(available here in Arabic). The article detailed the brutal treatment
of the youth activist and Girifna member Safiya Ishag, who was raped
multiple times and subjected to torture in National Intelligence and
Security Services (NISS) custody following her participation in the 30
January demonstrations in Khartoum. In his piece, Mr. el Gerai called
for a formal investigation.
Prior to the initial hearing, the lawyers of Professor el Gerai and
Mr. Sheikh had only been told informally of the charges leveled
against their clients under the 1991 Sudanese Criminal Code, and were
told by the prosecutor that they would have to wait and see on 29 May.
They have since been charged with defamation, and their trials
postponed to 21 June. Mr. Sheikh is facing seven separate complaints:
four filed by the NISS, one by the military, and one by the ministers’
council. Judge Modather ab Rasheed, who will hear the case, has stated
that he will first hear the evidence introduced by the relevant
authorities.
Professor el Gerai and Mr. Sheikh’s case is not an isolated incident.
Several other journalists are facing criminal charges brought by the
NISS for reporting on Ms. Ishag’s case, including:
• Faisal Mohamed Saleh, a human rights journalist and columnist for Al
Akhbar. His case was also presented to Al Shemali Court and its
proceedings have been delayed till 28 June. • Amal Habbani, a
prominent journalist and women’s rights activists. She is expected to
appear before the Court on 12 June. • Faiz al Silaik, former deputy
editor in chief of Ajras Alhurria. Mr. al Silaik is facing seven cases
filed by the NISS, police, military, and Ministers’ Council. Some of
these cases have come before the Court, and some are still pending
within the prosecutor’s office.
Ahmed Osman, editor in chief of The Citizen, an English language
newspaper, Dr. Nahid Mohamed Al Sassan, writer with Ajras Alhurria,
and Al Ayaam have all been announced by the Clerk of the court, but
have not been contacted or formally informed of charges by the Court
or their potential trial dates. All have been filed by the NISS.
Newspapers contacted by ACJPS appeared unaware of proceedings against
their staff. Activists intend to monitor the trials and appear in
court in solidarity with the journalists. A campaign to support them
by providing technical and financial support for their legal fees and
draft editorials has been established, called the Sudanese Campaign
for Freedom of Opinion and Conscience.
The African Centre for Justice and Peace Studies calls on the
government of Sudan to drop the charges against Mr. Sheikh and
Professor el Gerai and their colleagues, which seem motivated by a
desire to prevent public discussion of NISS conduct rather than a
desire to protect the reputation of individual security agents.
Allegations of defamation presume that the allegations against an
individual are false. In this case, ACJPS believes that Ms. Ishag’s
testimony is credible and deserves to be heard. Freedom of expression
is guaranteed under Sudan’s international commitments, as well as
Article 39 (1) of the interim national constitution.
Further, there are serious concerns that Mr. Sheikh and Professor el
Gerai will not receive a fair trial, as their lawyers have only just
been informed of the charges against them. ACJPS sees this incident as
undue interference in the right to mount a defence and, as such, a
serious breach of fair trial standards. The right to a fair trial is
articulated in Article 34 of the Interim National Constitution of
Sudan, Article 10 of the Universal Declaration of Human Rights,
Article 14 of the International Covenant on Civil and Political
Rights, and Article 7 of the African Charter on Human and Peoples’
Rights.
Additionally, the proceedings against the journalists who reported on
Ms. Ishag’s case sends a very clear message to survivors of sexual
violence that not only they, but also those who may seek to support
them, may be victimized again. This is likely to dissuade women (and
men) who have reported being raped or threatened with the prospect of
it from coming forward. Ms. Ishag’s bravery has already forced her to
leave the country; other activists have likely suffered similar trauma
and stay quiet.
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