African Centre for Justice and Peace Studies

Rai Alshaab Journalists Face Death Penalty and Life Imprisonment and Denied Right to a Fair Trial

Contact: Osman Hummaida, Executive Director at
Phone: +44 7956095738
E-mail: osman@acjps.org

(19 June 2010) On 16 June, the defence attorneys of four journalists of Rai Alshaab newspaper charged with 14 counts of “terrorism, espionage and destabilising the constitutional system” withdrew from the proceedings, with the consent of the accused. The four journalists, Abo Zar Ali Amin, Ashraf Abd Alaziz, Ramadan Mahjoub and Altahir Ibrahim (known as Abo Jawharah) face sentences ranging from the death penalty to life imprisonment. The head of the defence team, Kamal Algizouli, said that the team had withdrawn because they could not effectively defend their clients after four of the witnesses presented to the court were rejected by the prosecution and judges, leaving their hands tied.

The rejected witnesses were called by the defence to corroborate testimony given the journalists. The witnesses included:

Director of Ceremonies at the Presidential Palace: The director’s testimony was rejected due to his role as a state official, possibly compromising his access to state secrets. The director was to testify as to who was present in the meetings held between the government and the US Special Envoy to Sudan Scott Gration. Ali Amin had written that the US envoy had not met with President Bashir and that the highest ranking official who he had met was Vice President Ali Osman Taha, which has been disputed by the general public and the Sudanese government.
Deputy Secretary General of the SPLM Yasir Arman: The former presidential candidate’s testimony was rejected, on the grounds that he was a political opponent and not neutral. He had been asked to testify about Taha’s visit to Juba, and a request from SPLM leadership to encourage his supporters to vote for Bashir after he withdrew.
The Head Editor of Alathdath newspaper, Muzdalifah Mohamed Osman: Ms. Osman’s testimony was regarded as inadmissible due to an article she had written regarding military cooperation between Iran’s Islamic Revolutionary Guard Corps and Khartoum, quoting Presidential Advisor Ghazi Salah al-Din al-Atabani. The government has denied cooperation.
Media Expert Faisal Mohamed Salih: Mr. Salih’s testimony was rejected because the prosecution contested that he was not an expert, despite having served as chief editor at many newspapers. The judge later rejected this argument, and Mr. Salih was allowed to testify. He had been asked by the defence panel to testify about the parameters of media law. Sudanese law prescribes that journalists have the right to freedom of expression and so cannot be punished for opinion pieces. They may, however, be prosecuted for misrepresentation of the facts.

Kamal Algizouli stated that the defense has allowed minor irregularities to pass with only a recorded objection up to this point because they did not want to delay proceedings, which they saw as detrimental to the interests of the accused. However, at this stage they had to withdraw. This was noted by the judge and there was discussion of appointment of a new defence team by the government but the exiting defence team emphasises that this could only be done with the consent of the accused. The Court has adjourned to 21 June.

The African Centre for Justice and Peace Studies sees this incident as undue interference in the right to mount a defence to charges levelled against a defendant and, as such, a serious breach of fair trial standards. In addition, the African Centre for Justice and Peace Studies deplores the use of the death penalty in all circumstances, and particularly when it is implemented to silence opposition voices exercising their right to the freedom of expression. The right to a fair trial is articulated in Article 34 of the Interim National Constitution of Sudan, Article 10 of the Universal Declaration of Human Rights, Article 14 of the International Covenant on Civil and Political Rights, and Article 7 of the African Charter on Human and Peoples’ Rights. The African Centre for Justice and Peace Studies calls on the Government of Sudan to ensure that these defendants, and all others in Sudan, are able to enjoy their right to a fair trial, in particular by preparing a vigorous defence.

Background:

On 15 May, NISS agents invaded and occupied the offices of Rai Alshaab. Perceived as being closely aligned with the Popular Congress Party (indeed, the arrests occurred hours after the arrest of Dr. Hassan al-Turabi), the operation was carried out under the orders of NISS Director General Mohamed Atta under Articles 25 (d) of the National Security Act of 2010 and 26 (a and b) of the Press and Publications Act of 2009. Security agents arrested Alnagi Dahab, Rai Alshaab’s manager and editors. The four arrested journalists were detained in an unknown location before being transferred to Kober Prison, in Khartoum North. All were subjected to torture under the “crimes against the state” section of Kober Prison, Khartoum North.