Amendments made by the Sudanese authorities to the General Intelligence Service law sparked a wave of controversy among politicians, activists, and military experts, especially since “the amendments restored to the agency powers that were withdrawn from it following the fall of the regime of former President Omar al-Bashir,” according to Sudanese jurists.
The Sudan News Agency quoted the Minister of Justice in charge, Muawiya Osman Muhammad Khair, as saying that “the amendments to the General Intelligence Law were published in the Official Gazette,” noting that “the Ministry of Justice takes into account in drafting the laws that the articles do not overlap or conflict with other laws.”
Greater Powers
Legal expert Moez Hadra points out that “the current amendments have granted the General Intelligence Service greater powers than were granted to it during the Bashir era.”
Hazra told the local media, “The most prominent amendments were granting the security apparatus powers to arrest, search, and detain, and it also approved the renewal of detention of detainees for multiple periods.”
The legal expert pointed out that “the amendments gave those charged with carrying out these powers and tasks complete immunity, so that it became impossible to prosecute them, neither civilly nor criminally, except with the approval of the director of the intelligence service.”
He added, “Even if a death sentence is issued against a member of the intelligence service, the sentence will not be implemented except with the approval of the Chairman of the Sovereignty Council, Abdel Fattah Al-Burhan.”
In 2019, Al-Burhan issued a constitutional decree changing the name of the National Security and Intelligence Service to the General Intelligence Service.
Based on the constitutional document that was signed after the fall of the Bashir regime, some powers were withdrawn from the agency, so that it became specialized in collecting information, analyzing it, and submitting it to the competent authorities.
Sudanese Christians… chapters of forgotten war violations
Like other Sudanese, Christians in Sudan faced seasons of suffering due to the ongoing war between the army and the Rapid Support Forces, but they paid another price related to the destruction and sabotage that affected a number of their religious and worship institutions, according to what the Sudanese Council of Churches stated.
On the other hand, the security expert, Major General Amin Ismail, believes that “the amendments come in the context of the turbulent security situation that Sudan is experiencing, and that they are a proactive measure for the expected security repercussions during the war and after it stops.”
Ismail told the media, “Security retaliations require a strong security and intelligence apparatus, which has powers to help manage the security and economic situation, especially in light of the current Sudanese situation.”
He pointed out that “the amendments resulted from security and economic changes, as trading and speculation in foreign exchange increased, which caused the Sudanese currency to lose much of its value, in addition to an increase in crime rates and criminal activity.”
The security expert pointed out that “the powers that were added to the intelligence service were previously present and were removed by the constitutional document, and now there is a need to confront the challenges occurring in the country.”
In turn, the leader of the Coordination of Civil Democratic Forces “Taqadum,” Rasha Awad, believes that “the amendments restrict public freedoms and are dedicated to persecuting those active in voluntary work and calling for an end to the war.”
Awad told the reporters, “The amendments come in the direction of restricting the civilian political forces because the war originally broke out to liquidate the December Revolution that overthrew the Bashir regime, and therefore we note that the attack by his members on the civilian forces is more ferocious than their attack on the Rapid Support Forces.”
Awad pointed out that “the current authority first restored the Operations Authority, the military arm of the intelligence service that was dissolved in the constitutional document, and now the full powers of the intelligence service have been restored to be a political arm for the remnants of the previous regime to restrict democratic civilian forces.”
Implications of the decision
The amendments made to the General Intelligence Law coincided with the intensification of battles between the army and the Rapid Support, and with the rise of calls for stopping the war and starting a political process that determines the features of the transitional period. What is its purpose?
Hazrat says, “Burhan and the group supporting him aim to establish the authority of oppression and confiscate freedoms so that they can continue to rule Sudan.”
He added, “The repression, arrests, and torture operations that are taking place currently are worse than what happened during the Bashir era, and the most dangerous thing about them is that they threaten societal cohesion.”
He pointed out that “the amendments approved the term collaborators, a term that was not present in the previous intelligence service law,” noting that “a collaborator is a person who is not officially affiliated with the agency. He is an ordinary citizen who provides information to the agency in exchange for money.”
He continued, saying, “These amendments make everyone doubt everyone, and everyone spies on everyone, and this would threaten societal cohesion, especially since some collaborators could provide information against others based on a personal dispute.”
For her part, Awad points out that the amendments warn that “what is coming will be worse,” and says that military intelligence and security services were restricting those calling for an end to the war, and arresting many of them on the pretext that they support the Rapid Support, to the point that some of them died under torture.”
She added, “Now all these bad practices will come under a legal umbrella due to the new amendments, which means an increase in cases of arrest, torture, and prosecution of activists.”
Last week, the Sudanese Congress Party accused Military Intelligence of arresting the head of its branch in the Al-Qurashi area of Al-Jazirah State, Salah Al-Tayeb, and killing him under torture. While there was no official comment from the army about the incident.
However, security expert Amin Ismail believes that “the presence of the State Security Prosecutor will prevent the exploitation of the new amendments to prosecute and arrest activists.”
He points out that “Article 50 of the law prohibits carrying out any detention or arrest operations without obtaining permission from the State Security Prosecutor, and stresses the necessity of transferring detainees to trial.”
He added, “All of these factors can play a role in protecting civilians and prevent the use of these amendments against them. These amendments can also be canceled when a new constitution is written, after the war that dictated these amendments stop.”
Sudanese and international human rights organizations accuse the security apparatus under Al-Bashir of involvement in violations against activists, including detention, forced disappearance, torture, and murder.
After the fall of the Bashir regime, a number of members of the security apparatus were tried on charges of killing demonstrators, including 11 officers and soldiers on charges of killing medical student Mahjoub Al-Taj, who led a student demonstration.
In December 2020, the Omdurman Court sentenced 29 members of the Security and Intelligence Service to death on charges of arresting and torturing the teacher, Ahmed Al-Khair, in the Khashm Al-Girba region in eastern Sudan, which led to his death.
Al-Khair was arrested for supporting the protests that Sudan was witnessing against the Bashir regime in 2019.
In February 2021, the Sudanese Supreme Court upheld the Omdurman court’s decision. But the ruling was not implemented as thousands of convicts and prisoners fled Sudanese prisons after the April 15 war, while the army and the support exchanged accusations of involvement in opening the prison doors.
According to United Nations figures, the conflict between the army and the Rapid Support Forces led to the deaths of more than 13,000 people and forced more than 7 million to flee their homes to areas inside and outside Sudan.
United Nations agencies said that half of Sudan’s population, or about 25 million people, need support and protection, as a result of the repercussions of the war taking place across the country.
