Khartoum, October 26 (Darfur24)
Sudan’s proposed amendment to the criminal law to include electronic and media publications that support inciting war against the state has raised concerns about the potential prosecution of journalists, activists and human rights defenders under provisions carrying penalties of death or life imprisonment.
Justice Minister Abdullah Darf said the authorities were working to amend Article 51/A of the Criminal Code, which addresses incitement to wage war against the state. The proposed change would explicitly include “support through publication in electronic or media outlets.”
Article 51 provides for the death penalty or life imprisonment for anyone who gathers, trains, or equips people with weapons with the intention of waging war against the state, as well as those who incite, support, or assist acts that threaten national security.
Legal expert Othman Saleh told Darfur24 that adding the phrase “including publication via electronic and media outlets” was intended to restrict freedom of expression and the press.
He said the amendment could hinder journalists and human rights defenders who document violations by parties to the conflict, investigate abuses, analyze events and express their views.
“Any publication that is not in the public authority’s interest, or that it is uncomfortable with, could be interpreted as incitement to wage war against the state,” Saleh said.
He argued that publishing-related offences are already covered by Sudan’s 2007 Cybercrime Law, which provides for specialized prosecution, police and judicial mechanisms. Incorporating such offences into the Criminal Code, he said, could create jurisdictional conflicts, citing the legal principle that a specific law takes precedence over a general one.
Saleh also noted that Sudan had ratified the International Covenant on Civil and Political Rights, which protects freedom of expression while allowing only certain restrictions under specified conditions.
The Sudanese Journalists Syndicate has also rejected the proposed amendment to the 1991 Criminal Code and the prime minister’s decision to establish a national mechanism to combat cybercrime.
The syndicate warned that including electronic and media publications in Article 51 could broaden criminal liability to cover journalistic reports, investigations, and opinion pieces, exposing journalists and others to death or life imprisonment.
It said the absence of clear safeguards for legitimate journalistic work could invite broad interpretations of the law, undermine press freedom and restrict public access to information about public affairs and alleged violations during the war.
