The following is based on a communication sent by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of Sudan on 25 November 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. Regrettably, the Government did not reply within this timeframe. If a reply is received, it will be posted on the UN Special Procedures communications database.
Mr. Abdullah continues to be detained in Port Sudan Central Prison. He has yet to be formally sentenced, despite being charged under article 53 of the Sudanese Criminal Code of 1991, which pertains to espionage and collaboration with a foreign state or its agents.
This is a shorter version of the original communication.
BACKGROUND
Topic: the arrest, sentencing, and detention of Mr. Montaser Abdullah
Mr. Montaser Abdullah is a lawyer and human rights defender, whose work has centred on offering legal assistance for gender-based violence and delivering legal support to survivors of such crimes.
Concerns regarding the arrest and alleged arbitrary detention of human rights defenders were raised in several previous communications sent to the Government of Sudan by UN experts, including SDN 1/2023, SDN 3/2022, SDN 2/2022, and SDN 4/2021.
ALLEGATIONS
Mr. Montaser Abdullah was the legal representative of the Defence Committee for the accused leaders of Tagadom in complaint No. 1613/2024. Mr. Abdullah was representing the team that defends the 17 members of the Tagadom Coordination Committee, including its chair, former Prime Minister Dr. Abdalla Hamdok, against accusations by the National Committee for Investigating Crimes and Violation of National Laws and International Humanitarian Law. The indictees were accused of undermining the constitutional order, waging war against the state, crimes against humanity, genocide and war crimes in accordance with the Sudanese Criminal Act of 1991. The charges also include terrorist crimes, running terrorist organizations and seizing aircraft” under the Counter-Terrorism Law of 2001. Some of these offenses carry death penalty as punishment.
On 21 May 2024, Mr. Montaser Abdullah submitted a request to the Public Prosecution in Port Sudan to review the charge sheet so that he could prepare his defence. Since that date, he reported his office being under surveillance by authorities. Namely, some of his relatives alerted being sent photos capturing Mr. Abdullah’s entry and exit from his office.
On 5 September 2024, Mr. Abdullah was arrested by two Red Sea Security Cell officers upon arrival in his office from the Court. He was arrested on the spot and taken to the Security Cell premises without the presentation of any arrest warrant. After several hours, he was released from detention but was instructed to return the next day. On 6 September, upon his return, he was informed that he would need to come back again on 7 September. Complying with these instructions, he presented himself the next day and was taken into custody. During his detention, he was reportedly forced by the authorities to waive his right to immunity as a lawyer while performing in his professional role. He remained in detention without interrogation and was incommunicado until 3 October 2024.
On 3 October 2024, Mr. Abdullah, while under guard supervision, was brought before a judge in the Criminal Court of the Red Sea State’s judiciary in Port Sudan. Mr. Abdullah was charged with under article 53 of the Sudanese Criminal Code 1991, related to espionage and collaboration with a foreign state or its agents. Sentencing under article 53 can lead to life imprisonment or the death penalty, depending on the gravity of the offence. Mr. Abdullah refused to confess, claiming that he had not committed a crime.
Following this, Mr. Abdullah was transferred to Port Sudan Central Prison, where he is currently detained. Mr. Abdullah has reportedly been held alongside five other individuals in a cell measuring 2 by 2 meters. He has not been permitted to leave this cell, even to use the toilet. Furthermore, Mr. Abdullah has reportedly endured continuous beatings at the hands of the authorities in the prison. He has been forced to remain unclothed inside the cell.
CONCERNS
In the communication, we express our deep concern at the arrest and alleged arbitrary detention of Mr. Montaser Abdullah in Port Sudan prison. There are serious concerns that such actions may be in retaliation for the legitimate human rights activities of Mr. Abdullah as a defence lawyer.
Furthermore, the treatment to which Mr. Montaser Abdullah has allegedly been subjected to, if confirmed, would be in contravention with the State’s obligations to treat arrested and detained persons with dignity and humanity, in line with articles 7 and 10 of the ICCPR and the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment set forth in article 7 of the ICCPR, as well as articles 1, 2, and 16 of the United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT), ratified by Sudan in 2021.
We wish to recall that according to international standards, States must guarantee that those who practice law can do so free from intimidation, obstacles, harassment, or interference. The free exercise of the legal profession contributes to ensuring access to justice, oversight of state power, protection of due process and judicial guarantees.
According to the UN Basic Principles on the Role of Lawyers, governments have the duty to ensure that legal professionals are able to perform all of their functions without intimidation, hindrance, harassment or improper interference, including threats of prosecution or administrative, economic or other sanctions for any action taken in accordance with their recognized professional duties, standards and ethics (principles 16 and 17).
