Rights groups decry new law allowing military trials of civilians
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Human Rights Watch
Sudan: New Law Allows Military Trials of Civilians
Repeal Amendments to Armed Forces Law
July 9, 2013
(Nairobi ) – New amendments to Sudan’s Armed Forces Act that allow
prosecution of civilians in military courts are contrary to
international human rights standards, Human Rights Watch and the
African Centre for Justice and Peace Studies (ACJPS) said today.
President Omar al-Bashir should not sign the amendments into law but
instead should return the measure to parliament to revise consistent
with Sudan’s international legal obligations.
“Sudan needs to bolster its civilian justice system to improve respect
for human rights,” said Daniel Bekele, Africa director at Human Rights
Watch. “Giving more judicial powers over civilians to the military
will take Sudan in exactly the wrong direction.”
The amendments, passed by parliament on July 2, 2013, allow the
government to prosecute in military courts “anyone who commits a crime
against the state’s security.” This is defined broadly as: the
formation of an armed group to wage war against the state, or
incitement to do so; armed attacks on security forces or incitement to
do so; and taking up arms to commit an act that threatens the
stability and security of the country.”
The amendments also allow military courts to try civilians for various
crimesunder Sudan’s 1991 criminal code. These include “undermining the
constitutional system,” “leaking of classified information,” and
“publication of false news.” These provisions are very broad and have
been used by the authorities to target perceived opponents of the
ruling National Congress Party and curb the right to free speech.
A prominent independent journalist, Faisal Mohamed Salih, was charged
with the publication of false news and defamation in May 2011 after he
published an article calling for an independent investigation into the
alleged torture and rape of the activist Safia Ishag Mohamed by
members of the Sudanese National Intelligence and Security Services
(NISS). The authorities have increasingly used this and other laws to
prosecute journalists for writings considered to fall outside of “red
lines” drawn by the ruling party.
Trials of civilians before military courts will invariably violate
Sudan’s obligations under international law to provide fair trials,
the two organizations said. The African Commission on Human and
Peoples’ Rights, in interpreting the African Charter on Human and
Peoples’ Rights, has said that military courts “should not, in any
circumstances whatsoever, have jurisdiction over civilians.”
The United Nations Human Rights Committee, which monitors compliance
with the International Covenant on Civil and Political Rights, to
which Sudan is party, has stated that trials of civilians by military
courts should occur only under extremely limited circumstances and
when the regular civilian courts are unable to undertake the trials.
“The amendments to the Armed Forces Law undermine the due process
protections in Sudanese criminal law, are ill-defined, and may be used
to target perceived political opponents even more harshly,” said Osman
Hummaida, executive director of ACJPS. “Bashir should immediately
return the law to parliament for revisions to prohibit the trial of
civilians before military courts, strengthen the right to a fair
trial, and require that any civilians in military custody be
immediately turned over to civilian authorities.”
http://www.hrw.org/news/2013/07/09/sudan-new-law-allows-military-trials-civilians
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