Sudan’s NCF criticises bar association’s plea for the release of
opposition figures
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January 6, 2015 (KHARTOUM) – Sudan’s opposition alliance of the
National Consensus Forces (NCF) has firmly rejected a request
submitted by the Bar Association to president Omer Hassan al-Bashir to
release its chairman Farouk Abu Issa.
JPEG - 56.4 kb
A flyer showing Amin Mekki Mandani (L) Farah Agar (C) and Farouq Abu
Issa calling for a solidarity meeting with the three political
detainees organised by the National Umma Party on 13 December 2014
Last month, the National Intelligence and Security Services (NISS)
arrested Abu Issa and head of the Alliance of the Sudanese Civil
Society Organisations, Amin Mekki Madani, besides former ruling
National Congress Party (NCP) member, Farah Agar, and his office
manager, Mohamed Eldoud.
Before their detention, Abu Issa and Madani had signed the “Sudan
Call” declaration for peace and democracy with the rebel groups in the
Ethiopian capital of Addis Ababa.
The two lawyers are now charged with subversive activities and use of
violence to overthrow the government, charges which carry the death
penalty.
Bashir accused signatories of the “Sudan Call” of being agents to
foreign powers and warned them from returning to the country.
The NCF, in a statement issued on Tuesday, criticized the Bar
Association for demanding the release of Abu Issa and Madani because
of their age, health condition and good faith, saying the role of the
Bar Association is to defend public freedoms and human rights and it
should have asked for their release on these grounds.
“The [Bar Association’s] move underscores its affiliation and bias to
the authority [government] which uses it as a tool to promote its
policies” it added.
On January 2, Abu Issa asked his family and any other party to stop
requesting his release on the basis of his age and health condition,
assuring opposition forces and supporters that he remains steadfast
and his morale is high.
The memo which was submitted by the Bar Association to Bashir through
the justice minister pointed that action made by Abu Issa and Madani
was only an intent, saying it was not coupled with physical action
such as initiating or planning.
According to the memo which was signed by the president of the Bar
Association, al-Tayeb Haroun, the charges faced by the two lawyers
don’t include Hudud (class of punishment under Shar’ia that are fixed
for certain crimes that are considered to be ‘claims of God’) or Qisas
(retaliation) and hence there are no legal obstacles to apply article
(58) of the criminal code.
Haroun pointed the return of the accused to the country following the
signing of the Sudan Call is a presumption of good faith towards the
home country, saying if they had intended to destabilise the country,
they would have stayed abroad to organise military or paramilitary
groups to target the country and the people.
The memo noted that the age of the accused “requires us to treat them
with kindness and gentleness as advocated by all religions and
positive laws which give special consideration to elderly people
during pre-trial, trial or punishment.”
However, the memo harshly criticised the Sudan Call charter, saying it
is not worth the ink it was written with.
It said the charter couldn’t be accepted at all because it represents
a clear violation for the rule of law.
“We are convinced that trial of the accused on the basis of this
charter [Sudan Call] is useless and it is more appropriate to apply
article (58) of the criminal code”, it added.
On the other hand, the NCF statement said the Bar Association should
have condemned arbitrary detentions and absence of public freedoms and
demands release of all political detainees and convicts instead of
begging and pleading for their release.
“The two lawyers [Abu Issa and Madani] have not authorized the Bar
Association to submit a plea on their behalf”, the statement added
It described the submission of the memo as “unethical” action and an
attempt to distort the image of the steadfastness, heroism and
resistance demonstrated by all detainees against violations of the
regime and its security agencies.
The NCF further demanded immediate release of all political detainees
and curbing of the systematic violations of the security apparatus
against political leaders and freedoms.
(ST)
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