Sudan: Urgent call for review of cases handled by the 151 judges dismissed from office

(1 September 2020) On 23 August 2020, the Sudanese Dismantle Committee of the 30 June 1989 regime issued a resolution that dismissed 151 judges from service.  The committee, chaired by General Yasir Abdul Rahman Alatta was established in 2019 by way of a resolution from the Sovereign Council. The committee is mandated among others to oversee the dissolution of the National Congress Party, through which al Bashir’s regime ruled the country. The committee is also responsible for seizing the party’s assets for the benefit of the government, and for dismantling all fronts and affiliates associated with the party or with any person or entity in a position of power with support of the party.

The judges were dismissed after the committee reviewed their performance and appointment documents on file.  Those dismissed include: 35 high court judges, 38 appeal court judges, 30 general court judges, 18 first district court judges, 4 second district court judges, 5 third district court judges and 17 expert judges attached to judiciary on individual contracts.

A reliable source has informed ACJPS that findings of the dismantle committee mentioned the abuse of office by the judges based on their affiliations with the past regime. Further, some of the dismissed judges were found to be security agents with the National Intelligence Security Services (now known as the General Intelligence Security Services). The NISS is known for their active role in the suppression of dissent under the former regime.  Some dismissed judges were found to have attended military training related to the use of military weapons.

The committee further found some dismissed judges were involved in securing facilities owned by the National Congress Party. Some judges were found be corrupt or were appointed to their offices through corruption. For example, the dismantle committee found that expert judges were appointed because of their affiliations with the past regime and/or social relations with high-level judicial officers. The past regime treated the judiciary like one of its political wings as opposed to an independent arm of the Government. Some judges occupied both ministerial and judicial positions based on their affiliation with former regime.

Corruption and political influence within the Sudanese judiciary under the former regime was also reflected in how cases were handled. Political opposition, military movements and human rights defenders were subjected to unfair trials and harsh sentences.  An example are the terrorism trials of members of the Justice and Equity Movement (JEM) in 2008 and Sudanese People’s Liberation – North in 2009 that imposed the death penalty in trials that did not adhere to fair trial standards. In 2017, three human rights defenders associated with the Tracks centre for Training and Development (TRACKs) were sentenced to one-year in prison and a fine amounting to over 7,000 Euros each. In 2015, the late Dr. Amin Maki Madani and Faroq Abu Issa were arbitrarily detained and later charged with crimes against the state for attending negotiations under the Sudan Call.

During the 2019 revolution, judges were pressurized to implement emergency decrees that outlawed protests and provided for punishment for violations. Judges who refused to implement these decrees were banned from work.

ACJPS calls on the Transitional Government to:

• Establish a committee to review cases and sentences issued by the dismissed judges including cases against opposition leaders, human rights defenders, and members of the civil society.
• Ensure the review of all cases especially those where the death penalty was imposed during the tenure of the dismissed judges.
• The dismissed judges must be investigated for abuse of office, judicial misconduct and other administrative or criminal offences that might have been committed during their tenure. Investigations should bear the objective of ensuring accountability for violations.
• Contact:Mossaad Mohamed Ali, Executive Director, African Centre for Justice and Peace Studies. (English, Arabic, Swedish): +46727712782, mossaad.ali@acjps.org