‘Amendments to Sudan’s Armed Forces Act unconstitutional’: Opposition

The amendments approved by the Khartoum Parliament on Tuesday to the Armed Forces Act of 2007 are “unconstitutional” and their passing is evidence of the ruling National Congress Party “harbouring a hidden agenda”, according to opposition MPs. As reported previously by Radio Dabanga, the amendments will effectively allow military courts to prosecute civilians for several crimes, including deserting military service, harbouring a fugitive, disclosing military information, using military uniforms, undermining the constitutional order, inciting war against the state, dealing with an enemy state, spying on the state, and allowing the escape of prisoners of war. “The amendments are clearly in violation of the Constitution and state covenants on human rights ratified by the Government of Sudan and international covenants by allowing civilians to be tried military courts for crimes against the army,” independent MP Imad Bushra has said in an interview with Radio Dabanga. Hidden agenda “The amendments approved to Article 4 of the Armed Forces Act are unconstitutional,” he said, stressing that “the passing of the bill came after pressure from the Defence Minister”. Sushra said that the amendments, which were passed when 109 MPs voted in favour, 39 opposed and eight abstained, “are inconsistent with the Constitution of the Republic of Sudan that guarantees the civilian the right to a fair trial, the right to defend themselves, produce evidence, and proof; elements which are absent before a military judiciary”. Sushra: “The majority of MPs were against the amendment when the voting involved a ‘yes or no’, however the Defence Minister insisted to have a re-vote by MPs having to stand or sit. When that happened, most MPs backtracked and stood. This insistence by the Minister and the government is indicative of the regime harbouring a hidden agenda.” Eliminating opponents Speaking to Radio Dabanga from Khartoum, Kamal Omar, media spokesman for the opposition National Consensus Forces echoed Sushra’s condemnation of the amendments. Omar: “This represents a clear and deep violation on the Constitution. It is unimaginable that a country in this century passes such oppressive legislation clearly aimed at eliminating opponents to ensure the survival of the regime.” He said the amendment “places an entire chapter of the Sudanese Penal Code which includes crimes against state and security under the powers of military courts”. He believes it potentially gives all civilians and opposition figures of the regime a military status. “This shows that the regime does not trust the civil and criminal codes, and depends instead on the military trial. “This is so that it can exploit them against political opponents to silence them.” Omar pointed out that the intervention of the International Criminal Court in the matter of Sudan “came only after the Court was convinced that the Sudanese judiciary is unwilling or unable to achieve justice”. Omar: “This amendment has robbed the Sudanese courts of the right to rule and put the rule of law in Sudan in danger.” File Photo Related: Amendments to Sudan’s Army Law ‘return to a military regime’ (3 July 3012)