Rhino: Follow-up – The Emergency Lawyers Group condemned the amendment to Article 51 of the Sudanese Criminal Code of 1991, which adds “publication in media or electronic outlets” to the provision regarding incitement to war against the state, describing the move as a “dangerous expansion of the scope of criminalization” that opens the door to criminal prosecution of individuals based on what they publish, repost, or circulate via media and electronic platforms, whenever such actions are deemed to fall within the scope of the crime.

The group explained that the danger lies in the possibility of using the provision to target journalists, activists, and human rights defenders, and to criminalize the publication of information related to violations, the documentation of such violations, or criticism of the authorities, under the pretext of inciting war against the state.

The group added in a statement: (The new wording allows for broader interpretation and selective application of the criminal provision, which could turn peaceful expression, the dissemination of information, and the documentation of facts into grounds for criminal prosecution, and reinforces self-censorship and intimidation while undermining victims’ ability to make their voices heard and expose violations.” These risks are compounded by the fact that Article 51 is already being used in politically motivated trials, resulting in harsh sentences ranging from the death penalty to life imprisonment; thus, expanding its scope poses a direct threat to civil liberties and independent documentation, and serves as a potential tool for suppressing information and shielding perpetrators of abuses from accountability).

The statement read: (This amendment comes within the broader context of violations occurring in the country, where accusations of collaborating with the Rapid Support Forces and inciting war against the state are being used as a pretext to prosecute and detain thousands of civilians, amid violations of the Code of Criminal Procedure and interference by the security cell in the work of the public prosecutor’s office and the judiciary, as well as control over the justice system. These practices have resulted in the detention of thousands of people in prisons and various detention centers, the targeting of journalists, lawyers, and activists, the prosecution of women, and the imposition of death sentences, life imprisonment, and fines on defendants in cases lacking fair trial guarantees. The security cell is also accused of involvement in targeted killings, alongside members of state agencies and armed groups who abuse their authority to settle personal scores. These practices are accompanied by enforced disappearances, torture, and arbitrary detention, while hundreds of people have remained forcibly disappeared for more than three years, with no information disclosed regarding their fate or whereabouts).

The statement added: (Efforts to establish a constitutional court in light of this reality raise serious concerns, particularly given the possibility that it could be used to carry out death sentences at a time when judicial institutions lack adequate safeguards for independence and impartiality. The combination of expanding the scope of criminalization to include media and online publications, the continuation of politically motivated trials, and the absence of independent constitutional oversight portends a deepening of repression and restrictions on the public sphere, and threatens to turn the instruments of justice into tools for settling political scores, intimidating society, and silencing independent voices).

It continued: (The Emergency Lawyers Group condemns these measures and warns against expanding the scope of repression through legislation used to criminalize free speech and persecute civilians. It calls for the repeal of the amendment that broadens the scope of criminalization of media and online publications, the cessation of politically motivated trials, the release of those arbitrarily detained, the immediate disclosure of the fate and whereabouts of those who have been forcibly disappeared, an independent investigation into crimes of extrajudicial killings, torture, enforced disappearance, and arbitrary detention, and the holding of those responsible to account. It also calls for a halt to the implementation of death sentences; for ensuring the independence of the judiciary and the Public Prosecution; and for subjecting legislation and decisions issued by the de facto authority to independent and effective constitutional review, in a manner that guarantees the protection of fundamental rights and freedoms and prevents the use of judicial institutions as a tool for political retaliation and the elimination of political opponents).