Introduction

After a long battle, peaceful protests have finally succeeded in toppling Sudanese President Omar al-Bashir and forming a Sovereign Council to shift the nation into a civilian-ruled system, after Army Chief Awad Ibn Auf announced, on 11 April, that al-Bashir had been toppled and detained in a safe place. Then, on 20 August, the Transitional Military Council (TMC) issued a decree which led to the formation of a sovereign council that would run the country for the transitional period, amid public optimism regarding the future of the country. However, Omar al-Bashir’s downfall was not the ultimate end of an era of crimes against citizens; as violations of the right to freedom of opinion and expression persist after the overthrow of al-Bashir until the signing of the Constitutional Declaration on August 17.

Demonstrations and protest activities first erupted in a number of Sudanese cities on 19 December 2018 demanding an end to the harsh living conditions, before they escalated into demands for al-Bashir to step down and to overthrow his regime. Al-Bashir faced these protests by arresting dozens of opposition leaders, journalists and protesters, in addition to imposing censorship on newspapers. He also declared, on 22 February, a one-year state of emergency across the country, dissolved the federal government and state governments, and appointed high-ranking police and military officers to rule these states. In response, thousands of Sudanese announced their rejection to al-Bashir’s decisions and, consequently they staged, on April 6, a sit-in outside the army command headquarters in the Sudanese capital of Khartoum. The sit-in continued even after al-Bashir’s downfall on April 11, until the military armed forces of the Sudanese Transitional Military Council started on the 3rd of June to violently disperse the sit-in leaving 87 killed and 168 wounded.

First: Legislative and legal developments

The legislative development in Sudan during 2019 is divided into two stages. The first stage, which ended in August 2019, was marked by extensive curbing of freedom of speech; as the National Assembly of Sudan (parliament) approved, on 11 March, a six-month state of emergency.

On February 22, President Bashir already declared a state of emergency in all Sudan’s states upon Republican Decree No. 6 of 2019.

On the other hand, the second stage of legislative development, which began after August 2019, witnessed a considerable optimism and desire for change with the adoption of legislation supporting freedom of opinion and expression, following the formation of the Sovereign Council and the civil government. In his first statement after assuming his position as Minister of Culture and Information in the new Sudanese government, Faisal Muhammad Saleh announced on 6 September 2019 that he would work on rescinding and amending all laws restricting freedom of the press in the country.

Second: Violations of freedom of expression 

* Prevention from work/Ban

The Sudanese authorities tended to suppress freedom of expression through work suspensions and imposing ban on several activities or events. For example, on 31 May 2019, security services closed the Khartoum office of Al-Jazeera network, withdrew its license, and confiscated all its equipment and belongings, without giving any reasons. Al Jazeera’s Khartoum bureau remained shut down until it was reopened on August 16 upon a decision by the Transitional Military Council.

Hiba Makawi was suspended from her position as a national radio reporter on 2 May after she demanded on her Facebook page to end al-Bashir’s government’s strict control of media platforms in the country.

The regime also used its authority to violate the right to peaceful assembly, when it banned on 2 March a symposium in memory of the victims of the tragic events, internally displaced persons and those held in arbitrary imprisonment. The symposium was supposed to be held at “Dar al-Omma” with the participation of political and civil powers that took part in the Sudanese uprisings.

The Sudanese authorities also banned on 6 March a press conference of the leader of the opposition Sudanese “Congress Party”, Omar al-Dugair, following his release from prison against the backdrop of peaceful protests denouncing al-Bashir extending his tenure in office.

* Detention

Sudanese security services sought to make journalists absent from the scene of major events using many tools including incarceration and detention. For example, on 2 June, they arrested French journalist Gennial Lounoir in Atbara city, the birthplace of the Sudanese revolution, while she was covering incidents there. Also, on 22 February 2019, the security and intelligence services arrested Osman Mirghani, editor-in-chief of El Tayyar daily newspaper, after commenting on the Sudanese then-President’s decisions in a televised interview.

The security services also arrested on 24 July the Chairman of the General Sudanese Journalists Union, Al-Sadiq Al-Ruzaiqi, as part of a crackdown targeting figures from the Islamic Movement and the National Congress Party. Al-Ruzaiqi had been held in detention until he was released on 29 July.

Journalist Dora Qambo was also arrested, on 10 February, from her car at a traffic checkpoint near Omdurman Women’s Prison, after she went there to cover protests.

Being subjected to detention isn’t confined to journalists; as the authorities went further to arrest political leaders and human rights defenders as well. On 5 June, the security forces arrested Yasir Arman, deputy head of the Sudan People’s Liberation Movement (SPLM), after his meeting with Ethiopian Prime Minister Abiy Ahmed, during his visit to Khartoum in an attempt to mediate between the conflict parties in Sudan. The security forces also arrested protest leaders Mohamed Esmat and Ismail Jalab on the 7th and 8th of June shortly after meeting Abiy Ahmed.

Furthermore, on 5 March 2019, the security forces arrested human rights defender Manal Al Awal from her home for her activity in various social movements. She was released later, on 9 March, along with a number of women detainees, upon an order by former Sudanese President Omar al-Bashir on the occasion of International Women’s Day.

* Trials

The Sudanese authorities used the judiciary to suppress journalists and demonstrators. For example, on 9 March, the emergency court in Khartoum sentenced 9 women to one month in prison each and 20 lashes for their participation in anti-government protests that took place in the Sudanese capital on the 7th of March. The judge, however, suspended the execution of the flogging sentence, apparently giving in to pressure and objection from the women’s lawyers until the appeals court makes a final decision. Then on 12 March, the appeals court ordered their immediate release saying that they had spent enough time in prison.

On March 10, the emergency court also sentenced Maryam Sadiq Al-Mahdi, deputy head of the National Umma Party and the daughter of opposition leader and former Sudanese Prime Minister Sadiq Al-Mahdi, to one week in detention for participating in anti-government demonstrations.

In the same regard, the Press and Publications Court ordered, on September 5, the arrest of journalist Suheir Abdelrahim, for not attending two of her trial hearings; based on a complaint filed against her by the ruling Transitional Military Council accusing her of insulting the council, in reference to an article she wrote in El “Intibaha” newspaper entitled “What to write?”

* Blocking websites/services

The Sudanese authorities cut off landline internet connections in the country at 12 pm on June 10, a week after mobile online services were cut and a day following the civil disobedience called for by protest leaders.

The spokesman for the ruling Transitional Military Council, Shams al-Din Kabbashi, said on June 11 that the Internet connection will not be back at the present time, asserting that the Internet is “a threat to national security”.

* Intimidation

The Sudanese regime used intimidation and threats to muzzle the mouths of not only Sudanese citizens but also foreign officials. On 12 June, Sudan’s Foreign Ministry summoned the British ambassador in Khartoum Irfan Siddiq, as an objection to his remarks posted on “Twitter” after the Sudanese security forces dispersed the sit-in staged in front of the General Command of the Sudanese army; as he tweeted:  “No excuse for any such attack. This Must Stop Now”. In response, the spokesman of Sudan’s foreign ministry said that the repeated tweets of the ambassador contradict “the established diplomatic norms”.

* Assaults

Former Sudanese President Omar al-Bashir and the ruling Transitional Military Council (TMC) used to extensively kill and physically attack peaceful protesters all over Sudan throughout 2019. According to estimates by the Sudanese Doctors Central Committee, more than 246 protesters were killed and about 1,353 injured across the country since protests erupted on December 19, 2018. The dispersal of the sit-in outside Khartoum’s army headquarters in 2019 occupied the largest share of the number of victims with an estimated death toll of 127 people, including at least 19 children, according to a report by the United Nations Children’s Fund (UNICEF) and the Sudan Doctors Central Committee. At least five protesters, including three students, were also shot dead on July 29, when security forces broke out a rally organized by high school students to protest against a shortage of bread and fuel in the city of Al-Obeid, the capital of North Kordofan State (about 400 km southwest of Khartoum).

Third: Cases with the most impact on freedom of expression 

Sudanese courts witnessed a number of cases of public concern during 2019. The trial of former Sudanese President Omar al-Bashir, on charges of corruption, receiving illegal gifts and possessing foreign currency, is at the forefront of these cases, and its first trial session took place on 19 August 2019. The year also witnessed another prominent trial as the emergency court in Khartoum sentenced nine women to 20 lashes each for their participation in anti-government protests that broke out in the Sudanese capital on the 7th of March. The judge, however, suspended the execution of the flogging sentence, apparently giving in to pressure and objection from the women’s lawyers until the appeals court makes a final decision. Then on 12 March, the appeals court ordered their immediate release saying that they had spent enough time in prison.

It’s worth mentioning that the Sudanese authorities have set up special emergency courts to bring to trial all protesters who are accused of violating the state of emergency imposed by Omar al-Bashir.

The trial of protesters by these emergency courts, which were established in implementation of Omar al-Bashir’s decision, also played an effective role in fueling the anger of opponents and demonstrators all over the country. For instance, on March 24, a Sudanese emergency court sentenced six protesters to six months in prison for violating the state of emergency imposed in the country.

Fourth: Most common accusations against freedom of expression

Throughout 2019, Sudanese citizens faced a number of charges that aimed at curbing freedom of opinion and expression. Among these charges: “mass rioting, public inconvenience, and disturbing public safety and security”, “breaching the state of emergency imposed in the country”, and “insulting the Military Council”.

Fifth: Victims

The list of victims of violations of freedom of opinion and expression in Sudan involves a wide range of people, including women, men, children and elderly people, whether they are Sudanese citizens or foreigners, listed as follows: human rights defender Manal Al-Awal, French journalist Gennial Lounoir, Osman Mirghani, editor-in-chief of El Tayyar daily newspaper, national radio reporter Hiba Makawi, journalists Suheir Abdelrahim and Dora Qambo.

The list also includes: Yasir Arman deputy head of the Sudan People’s Liberation Movement (SPLM), protest leaders Mohamed Esmat and Ismail Jalab, young man Saad Muhammad Ahmed, who died from his wounds after the government dispersed a sit-in in the city of Nyala, South Darfur using live bullets, tear gas and rubber bombs, and Ahmed Bakri Khairallah, who died on May 17 from three gunshot wounds during the April 7 march, in addition to Maryam Sadiq Al-Mahdi, deputy head of the National Umma Party.