Rudwan Dawood Trial July 25th
Today July 25th, was another court session in the case of Rudwan Dawood and the other detainees from Haj-Yousif case. The session was held with limited access to the general public. Even the defense lawyers had a hard time convincing the police of their right to be in the court room. Hundreds of relatives, reporters, and activist remained outside after being denied access to the court room.
The prosecutors took the floor in today’s session to present their litigation against the 10 suspects. the litigation resulted on dismissing all charges brought against 8 suspects, and charging Rudwan Dawood and Ahmed Ali Mahgoub (Kawarti) with 5 charges each. Here are their charges:
• Article 20
• Article 25
• Article 63
• Article 65
• Article 67
Ahmed Ali Mahgoub (Kawarti)
• Article 20
• Article 21
• Article 63
• Article 65
• Article 67
(Please refer to the Article definitions below, in accordance to the Sudanese Criminal law)
On Sunday July 29th, the Defense lawyers will present their litigation. Defense lawyers are still convinced that the charges brought against Rudwan and Ahmed are weak given the evidence provided by prosecution, and can be dismissed in lei to what happened with the other 8 suspects. Nevertheless, they fear that this could be a political trial rather than a trial based on law, mainly since the media was excluded from today’s session. Any restriction applied to the trial on Sunday will result on an unfair trial fort Rudwan and Ahmed.
We have grounded fear that this case will be a political trial orchestrated by NISS and the Judiciary system , since the Judge was quoted today saying “Girifna is an organization that terrorizes the general public, and aims to oppose Authority with Criminal force.” The appointed judge truly revealed how bias he is in this closed session, without even waiting to hear the defense litigation.
(Appendix: Article definitions)
Penalty for attempt
Article 20.(1) Whoever attempts to commit an offence shall be punished with
imprisonment, for a term, which may not exceed one-half of the
maximum term prescribed for that offence, and where attempt
constitutes an independent offence, the offender shall be
punished with the penalty prescribed therefor.
(2) Where the penalty of any one offence is death or amputation,
punishment for attempt thereof shall be imprisonment, for a term,
not exceeding seven years.
Joint acts in execution of criminal conspiracy
Article 21. When an offence is committed by two or more persons in
execution of criminal conspiracy between them, each of such
persons shall be responsible for that offence in the same manner
as if it is committed by him alone, and shall be punished with the
penalty prescribed therefor.
Article 25.(1) Abetment is the inducement of one person by another to commit
an offence, or the ordering of any mature person under his control
to commit it.
(2) Subject to observing the limit of the penalty prescribed for the
offence, whoever abets the commission of an offence shall be
punished in accordance with the following :-
(a) in case of the non-commission of the offence, or the
attempt thereof, with imprisonment for a term not
exceeding five years;
(b) in case of the commission of the offence, or the attempt
thereof, with imprisonment, for a term, not exceeding ten
years, or with fine, or with both, and where the penalty
prescribed for the offence is whipping, he shall be
punished with whipping not exceeding half the penalty.
(3) Whoever abets the commission of an offence and is present at the
time of the commission thereof, shall be deemed to have
committed that offence .
(4) Whoever abets a by person to commit a certain act shall be
responsible for any other act which constitutes an offence,
committed by the abetted person if that other act is a probable
consequence of the abetment .
Calling for opposition to public authority by use of violence or criminal force
Article 63. Whoever calls, publishes or propagates any call for the oposition
of public authority, by way of violence, or the use of criminal
force, shall be punished, with imprisonment, for a term, not
exceeding three years, or with fine, or with both.
Criminal and terrorist organizations
Article 65. Whoever establishes, or directs an organization which designs for
the commission of any offence, and whoever intentionally
participates, or assists in such organization, whether the same
operates inside, or outside the Sudan, shall be punished, with
imprisonment, for a term, not exceeding five years, or with fine, or
with both. Where the offence for the commission of which such
organization designs is armed robbery (hiraba), robbery, or any or
the offences punishable with death, or terrorism by threatening
the public, or the public authority, shall be punished, with
imprisonment, for a term, not exceeding ten years, and may be
punished with fine.
Offences relating to Public Tranquility Rioting
Article 67. There shall be deemed to commit the offence of rioting whoever
participates in any assembly of five persons, or more whenever
such assembly shows, or uses force, intimidation or violence and
whenever the prevailing intention therein is achieving any of the
following objects :-
(a) resisting the execution of the provisions of any law or
(b) committing the offence of criminal mischief, criminal
trespass or any other offence;
(c) exercising any existing, or alleged right in a manner which
is likely to disturb public peace;
(d) compelling any person to do what he is not bound by law
to do, or to refrain from doing what he is authorized by law