The following is based on a communication sent by the UN Special Rapporteur on Human Rights Defenders and another UN expert to the Government of Sudan on 23 May 2025. 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.
At the time of publication, Mr. Montaser Abdullah remains detained.
This is a shorter version of the original communication.
BACKGROUND
Topic: the long-term detention or death sentence facing Mr. Montaser Abdullah and his poor detention conditions.
Mr. Montaser Abdullah is a lawyer and human rights defender, whose work has centred on offering legal assistance on gender-based violence and delivering legal support to survivors of such crimes. He was also the legal representative of the team defending 17 members of the Tagadom Coordination Committee, including its chair, former Prime Minster Dr. Abdallah Hamdok.
Mr. Abdullah was the subject of communication AL SDN 4/2024 sent on 25 November 2024. We regret that no response has been received from the Government of Sudan yet.
Concerns regarding the arrest and alleged arbitrary detention of human rights defenders were also raised in several previous communications sent to the Sudanese Government by special procedures mandate holders, including SDN 1/2023, SDN 3/2022, SDN 2/2022, and SDN 4/2021. We regret that no response has been received from the Government on these concerns.
ALLEGATIONS
Background information regarding the case of Mr. Abdullah:
Mr. Abdullah led 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 the death penalty as punishment.
On 5 September 2024, Mr. Abdullah was arrested and taken to the Security Cell premises without the presentation of any arrest warrant. He was released and instructed to return on 7 September 2024. On 7 September 2024, Mr. Abdullah was taken into custody. During his detention, he was reportedly forced by the authorities to waive his right to immunity as a lawyer while acting in his professional capacity. He remained in detention without interrogation and was held incommunicado until 3 October 2024.
On 3 October 2024, Mr. Abdullah was brought before a judge of the Criminal Court of the Red Sea State’s judiciary in Port Sudan. Mr. Abdullah was charged under article 53 of the Sudanese Criminal Act of 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 reportedly 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 prison authorities. He has been forced to remain unclothed inside the cell.
Additional information received:
On 21 April 2025, the first court hearing in the case of Mr. Abdullah was held. The military authorities have charged him under article 53 of Sudan’s Criminal Act of 1991, and articles 5 and 6 of the Counter-Terrorism Law, all of which carry the death penalty, life imprisonment or a minimum 20-year prison sentence. He is also charged under articles 9, 17, 24, 26, and 27 of the Cybercrimes Act.
Mr. Abdullah has recently been allowed to meet with his lawyer and his family members.
CONCERNS
In the communication, we express serious concern at the alleged arbitrary detention of Mr. Abdullah and at the charges he is facing. There are serious concerns that such actions may be in retaliation for the legitimate human rights activities of Mr. Abdullah as a defence lawyer and human rights defender.
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.
