Amendments to Sudan’s Army Law ‘return to a military regime’
On Tuesday, the National Assembly of Sudan approved controversial amendments to the 2007 Sudanese Armed Forces (SAF) Act, which will allow for prosecution of civilians in military courts. Critics have labelled the move “a return to a military regime”. While 109 parliamentarians voted in favour of the amendments, 39 members, including the Popular Congress Party (PCP) objected while eight others abstained, Sudan Tribune reports. These 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 only give the Constitutional Court the authority to review the verdict issued by a military court if it involves the death penalty or imprisonment for 10 years or more. The head of the non-mainstream faction of the National Umma Party (NUP) Abdullah Ali Masar accused the Minister of Defence, Abdel Rahim Hussein of “putting pressure on the parliamentary subcommittee on foreign affairs, security, and defence to pass the bill in the absence of the Justice Minister and Chief Justice”.Human Rights Masar stressed that “the law contradicts international agreements and it would turn Sudan into a police state which violates human rights”. MP Ghazi Salah Al Din Al Atabani of the ruling National Congress Party (NCP), warned against the law’s misuse and called for a precise definition of the contexts and contents of the law: “If we asked the simple question: could the law be misused? The answer would definitely be yes,” Al Atabani said. Parliament initially declined to pass the law on Monday, calling it “an overt violation of human rights which imposes further restrictions on civil liberties”. However, the Defence Minister insisted on passing the bill. “The security situation and the conspiracies being hatched against this country along with the increasing numbers of armed groups necessitated these amendments,” he said. The head of the parliamentary subcommittee on foreign affairs, security and defence Mohamed Al Hassan Al Amin, expressed concern on Monday, but made an about face on Tuesday, asserting that the new law would “have a positive impact on SAF” and citing “the limited number of MPs who objected to it”. The Defence Minister defended the law, asserting that “rulings of the military courts are subject to inspection and review by the Constitutional Court”, and that the amendments are only intended for civilians who claim military rank and form an army. “We will not randomly grab civilians from the streets and prosecute them” the defence minister said. File photo
On Tuesday, the National Assembly of Sudan approved controversial amendments to the 2007 Sudanese Armed Forces (SAF) Act, which will allow for prosecution of civilians in military courts. Critics have labelled the move “a return to a military regime”.
While 109 parliamentarians voted in favour of the amendments, 39 members, including the Popular Congress Party (PCP) objected while eight others abstained, Sudan Tribune reports.
These 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 only give the Constitutional Court the authority to review the verdict issued by a military court if it involves the death penalty or imprisonment for 10 years or more.
The head of the non-mainstream faction of the National Umma Party (NUP) Abdullah Ali Masar accused the Minister of Defence, Abdel Rahim Hussein of “putting pressure on the parliamentary subcommittee on foreign affairs, security, and defence to pass the bill in the absence of the Justice Minister and Chief Justice”.
Human Rights
Masar stressed that “the law contradicts international agreements and it would turn Sudan into a police state which violates human rights”.
MP Ghazi Salah Al Din Al Atabani of the ruling National Congress Party (NCP), warned against the law’s misuse and called for a precise definition of the contexts and contents of the law: “If we asked the simple question: could the law be misused? The answer would definitely be yes,” Al Atabani said.
Parliament initially declined to pass the law on Monday, calling it “an overt violation of human rights which imposes further restrictions on civil liberties”. However, the Defence Minister insisted on passing the bill. “The security situation and the conspiracies being hatched against this country along with the increasing numbers of armed groups necessitated these amendments,” he said.
The head of the parliamentary subcommittee on foreign affairs, security and defence Mohamed Al Hassan Al Amin, expressed concern on Monday, but made an about face on Tuesday, asserting that the new law would “have a positive impact on SAF” and citing “the limited number of MPs who objected to it”.
The Defence Minister defended the law, asserting that “rulings of the military courts are subject to inspection and review by the Constitutional Court”, and that the amendments are only intended for civilians who claim military rank and form an army.
“We will not randomly grab civilians from the streets and prosecute them” the defence minister said.
File photo
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