Sudan Appeal Court clears woman on death row

The Appeal Court in Atbara in River Nile state, acquitted Aya Mustafa, previously sentenced to death on June 9 for collaborating with the Rapid Support Forces (RSF) under Article 51-A, on Monday. Defence lawyer Mohamed Hashim states that the conviction was based on an old video showing Mustafa in a paramilitary RSF uniform, which at the time was not illegal.

Article 51-A of the Sudanese Criminal Act of 1991 criminalises ‘waging war against the state’, including recruiting and training military personnel, collecting arms, and supporting such activities. Penalties include death, life imprisonment, or a lesser term, along with possible property forfeiture. The law aims to maintain internal security by severely punishing those who engage in or support military actions against the state.

The defence successfully appealed, presenting a memorandum that included a testimony from Mustafa’s brother. He explained that the video was filmed before the war for harmless purposes, and that Mustafa had borrowed the uniform from neighbours. Hashim emphasised that “Mustafa is an ordinary citizen”, not affiliated with any military force, and had fled from Khartoum to the River Nile region to escape the conflict.

Following the appeal, the court decided to dismiss the charges against Mustafa, and her release from Port Sudan prison is anticipated soon.

Hashim recounted that Aya Mustafa was arrested on April 14 in Atbara, along with her mother and sister, who were later acquitted. The charges against Mustafa stemmed from her appearance in the video wearing the RSF uniform.

Aya Mustafa, a medical student at the River Nile State University, was forced to flee Khartoum to her grandfather’s house in Atbara last August due to the escalating conflict. Her father is a co-resident engineer with a background in military manufacturing.

This case is part of a broader pattern where courts in various states have sentenced several women to death for alleged collaboration with the RSF.