Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Repetition

Article 1(a) of the Convention. Punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that sections 50, 66 and 69 of the Criminal Act provided for penalties of imprisonment, which might involve an obligation to perform prison labour, for committing an act with the intention of undermining the constitutional system, for the publication of false news with the intention of harming the prestige of the State, and for committing an act intended to disturb public peace and tranquillity. It took note of the report of 2016 of the Independent Expert on the situation of human rights in the Sudan according to which repressive measures, including arrests and detentions, had been used by Sudanese authorities against political opposition groups, civil society organizations and students. The Committee accordingly urged the Government to take the necessary measures to ensure that sections 50, 66 and 69 of the Criminal Act were repealed or amended so that no prison sentence involving compulsory labour could be imposed on persons who, without using or advocating violence, expressed certain political views or opposition to the established political, social or economic system.

The Government indicates in its report that the Criminal Act is currently subject to review. The Committee notes that the Criminal Act was amended by the Act on various amendments of 13 July 2020. The Committee notes with regret that sections 50, 66 and 69 do not appear to have been amended.

The Committee further notes that the Human Rights Committee indicated in its concluding observations of November 2018 that the 2013 amendments to the Armed Forces Act introduced the possibility for the trial of civilians before military jurisdictions for crimes such as the spreading of false news (section 66 of the Criminal Act) or undermining the constitutional system (section 50 of the Criminal Act). The Human Rights Committee also pointed out that political opponents have been prosecuted before military jurisdictions (CCPR/C/SDN/CO/5, paragraph 39). The Committee urges the Government to take the necessary measures to ensure that the legislation is amended without delay so that persons who peacefully express political views or views ideologically opposed to the established political, social or economic system cannot be subject to sanctions involving compulsory prison labour. For instance, the Government could restrict the scope of application of sections 50, 66 and 69 of the Criminal Act to situations of violence, or could repeal sanctions involving compulsory prison labour. In the meantime, the Committee requests the Government to indicate the specific penalties that have been imposed on persons under sections 50, 66 and 69 of the Criminal Act, including by the military jurisdictions. It also requests the Government to provide a copy of the 2013 amendments to the Armed Forces Act.