Rhino: Follow-up – On Tuesday morning, hundreds of Sudanese detainees at Port Sudan Prison began an open-ended hunger strike to protest their continued detention for nearly two years without fair and prompt trials, and what they described as the “systematic obstruction” of legal proceedings, amid a serious deterioration in their health and mental well-being.

The protesters are being held in custody under Articles 50 and 51 of the Sudanese Penal Code of 1991, which pertain to the charges of “undermining the constitutional order” and “inciting war against the state”—two of the most serious provisions of the law, as the penalty for these offenses can include the death penalty.

In a legal and humanitarian memorandum dated August 25, addressed to Army Commander Abdel Fattah al-Burhan, with copies sent to the Chief Justice and the Minister of Justice in Port Sudan, the detainees stated that some of them have spent two full years behind bars without being brought before a court.

The memorandum explained that, for those whose proceedings have begun, trial sessions are subject to constant postponements due to the repeated absence of public prosecutors, complainants, and prosecution witnesses, without any decisive legal action being taken against those who fail to appear.

The detainees asserted that this situation has turned the legal proceedings into an “endless series of unlawful postponements,” holding them hostage inside the prison without any legal or factual basis to justify their continued detention.

The memorandum revealed that there is only one judge to hear the cases of 83 detainees awaiting trial in Port Sudan Prison, noting that this overcrowding makes the administration of justice or the orderly conduct of trials nearly impossible.

She noted that cases are sometimes suspended due to a judge’s illness or annual leave, without a replacement judge being appointed or a permanent judicial panel being formed to rule on urgent cases related to detainees’ freedoms.

The memorandum warned that prolonged detention, medical neglect, and the continuous postponement of trials have led to a severe deterioration in the psychological and physical health of detainees, noting that some have reached a state of despair and lost the will to live.

It also highlighted the critical condition of a number of patients, including those with diabetes—some of whom face the risk of losing their sight—as a result of inadequate medical care and neglect within the prison.

The detainees considered what is happening to be a clear violation of their constitutional and legal right to a fair and prompt trial, asserting that pretrial detention—which is supposed to be a temporary and exceptional measure—has turned into a prolonged punishment imposed in advance without a court verdict.

The strikers demanded a meeting with the army commander to present details of their humanitarian and legal situations, calling either for a fair trial or a general amnesty covering all detainees in related cases who have spent long periods in detention without a judicial conviction or referral to court.

The memorandum cited previous amnesty decisions that included various figures and groups, among them Abu Aqla Kikel, Al-Nour Quba, Al-Safana, and Ibrahim Bakkal, arguing that the principles of justice and equality require that beneficiaries of amnesty decisions not be selected on the basis of political or military loyalty.

The memorandum stated that “justice is indivisible” and that it makes no sense to grant amnesty to individuals considered key perpetrators while others remain in detention on suspicion alone, without trials or court rulings.

In the event that a general amnesty cannot be granted, the detainees called on the Chief Justice of Port Sudan to intervene immediately to establish judicial circuits and appoint full-time judges in Port Sudan, set strict time limits for concluding trials, resolve the issue of the failure of prosecution witnesses and informants to appear, and provide urgent medical care for critical cases.

For its part, the Emergency Lawyers Group announced its full solidarity with the petition submitted by the detainees at Port Sudan Prison, drawing attention to the serious concerns raised by the petition regarding the prolonged detention, as some detainees have spent nearly two years without their cases being resolved or trial proceedings commencing, in addition to repeated postponements resulting from the absence of key parties in the trial proceedings and a judicial backlog that has reached a point where there are 83 detainees per judge.

The group expressed concern over the memorandum’s reports regarding the deteriorating physical and mental health of some detainees and the grave risks this entails, particularly for those with pre-existing medical conditions, as well as the fact that detainees have resorted to hunger strikes to protest the continued delays in their proceedings.

The group endorsed the memorandum’s demands for urgent judicial action, including the formation of additional court divisions and the provision of full-time judges; ensuring the regularity of trial sessions; setting clear deadlines for concluding proceedings; and taking the necessary measures to protect detainees suffering from critical health conditions.

It called for consideration of the demand to issue a general amnesty for detainees in accordance with the law, as one of the options available to address the situation of those who have been detained for an extended period without their cases being resolved, while taking into account the principles of justice and equality and the exceptional circumstances the country is currently facing.

The emergency lawyers called on the competent judicial authorities to take urgent and effective measures to address these situations and ensure that the protracted nature of the proceedings does not result in the violation of rights and freedoms or the continuation of detention without legal justification.