The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of Sudan on 10 October 2025. The communication remained confidential for 60 days before being made public, giving the Government time to reply. The Government replied on 24 December 2025, and their response is currently being translated.
This is a shorter version of the original communication.
BACKGROUND
Topic: the death sentence issued against Mr. Abubakr Mansour Mohamed Hamza, a Sudanese lawyer and human rights defender, on 5 October 2025, and the arbitrary arrest and detention of his defense counsel Mr. Abubakr Elmahi from 1 to 8 October 2025.
Mr. Abubakr Mansour Mohamed Hamza is a lawyer and human rights defender based in Singa, Sennar State. He is part of a volunteer network engaged in humanitarian and human rights work. He has provided legal assistance to other activists and human rights defenders.
Mr. Abubakr Elmahi is a lawyer and head of the legal defense team that represents Mr. Mansour.
Special Procedures mandate holders have raised concerns regarding death sentences, executions, and arrests of human rights defenders and lawyers in previous communications to the Government of Sudan (SDN 2/2022, SDN 5/2022, SDN 4/2023, SDN 4/2024, SDN 1/2025). We have not received a reply yet.
ALLEGATIONS
On 27 April 2025, the General Court of Singa sentenced Mr. Mansour to twenty years in prison and a fine of 10 million Sudanese pounds under articles 50 and 51 of the 1991 Penal Code. The sentence was based on Mr. Mansour’s alleged collaboration with the Rapid Support Forces (RSF), yet the evidence and testimonies presented at his trial reportedly indicate that these are unsubstantiated allegations that remain under scrutiny. Mr. Mansour’s lawyer at the time stated that the sentence was in retaliation for his work on human rights by the Sudanese Allied Forces (SAF). Mr. Mansour remained in Singa and distributed medicine to residents after the RSF took control of the city, yet there is no evidence of collaborating with the RSF.
Mr. Mansour’s legal defense team appealed this sentence before the Court of Appeals, which dropped several charges and subsequently referred the case to the General Court of Singa for the review of additional evidence.
On 1 October 2025, Mr. Elmahi, one of the lawyers on Mr. Mansour’s legal defense team, was arbitrarily arrested by a joint force unit of the Sudanese security and intelligence services, generally referred to as “Security Cell” that reportedly targets activists. Mr. Elmahi’s arrest was part of a wider arrest campaign conducted by security forces targeting numerous humanitarian activities and human rights defenders accused of collaborating with RSF. Mr. Elmahi was transferred to a detention facility operated by the ‘Security Cell’ in Singa, where he was detained until 8 October. Consequently, Mr. Elmahi has been prevented from working on the defense of Mr. Mansour and communicating with his client during this period.
On 5 October, while Mr. Elmahi was detained, the Sennar Criminal Court sentenced Mr. Mansour to death. The sentence hearing was unexpectedly moved from 9 October to 5 October without prior notification to the defense counsel preventing them from presenting additional evidence before the General Court of Singa. Mr. Mansour is currently held in the death row section of Singa Prison, which is reportedly overcrowded, and he has reportedly been subjected to ill-treatment and denied access to adequate medical care.
CONCERNS
In the communication, we express our serious concern over these allegations, which, if confirmed, constitute serious violations of international human rights law, including the right to life, liberty, and security of person. We are particularly concerned over the reported targeting of Mr. Mansour and Mr. Elmahi due to their profession as lawyers and human rights defenders. As they appear to have been sentenced and arrested due to their legitimate and peaceful protection and promotion of human rights, we would like to draw the attention of the Government of Sudan to the fundamental norms set out in the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms (Declaration on Human Rights Defenders). In particular, we would like to refer to articles 1 and 2 which declare that everyone has the right to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels and that each State has the primary responsibility and duty to protect, promote and fulfil all human rights and fundamental freedoms. Furthermore, article 12, paragraphs 2 and 3, stipulates that the State shall ensure the protection of everyone from violence, threats, retaliation, discrimination, denial in law or in fact, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the Declaration.
The death sentence of Mr. Mansour is a violation of the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), ratified by Sudan on 18 March 1986. Article 6 of the ICCPR provides for the right to life and restricts the application of the death penalty to the “most serious crimes” meaning intentional killing. The sentencing of Mr Mansour to death for alleged collaboration is therefore illegal and, if implemented, would amount to arbitrary deprivation of life. Further, article 3 of the UDHR provides that every individual has the right to life, liberty and security of the person.
We also highlight that under international law, a death sentence may only be imposed in respect of “the most serious crimes” in cases which involve intentional killing. We also note, based on the long experience of this mandate, and a careful review of studies and evidence, that the death penalty has never been proved to be an effective deterrent for crimes (A/HRC/42/28, paragraph 10).
We are also concerned over the reported violation of article 14 of the ICCPR, which stipulates that “everyone shall have the right to a fair and public hearing by a competent, independent, and impartial tribunal established by law.” In this context, the Human Rights Committee stated in its general comment No. 32 that “lawyers should be able to advise and represent persons charged with a criminal offense in accordance with generally recognized professional ethics, without undue restriction, influence, pressure, or interference from any party.”
The reported arrest and detention of Mr. Mansour and Mr. Elmahi also constitute a violation of article 9 of the ICCPR, which states that one shall be subjected to arbitrary arrest or detention except on such grounds and in accordance with such procedure as are established by law.
We are concerned that the death sentence of Mr. Mansour and the detention of Mr. Elmahi may have a chilling effect on all lawyers and human rights defenders in Sudan attempting to carry out their functions and we would like to express our serious concern over information describing actions that appear to seek to impede the work of legal professionals.
