Briefing note for EU High Representative

Page 1

Briefing note

February 2017

Reverend Hassan Abduraheem, Mr Petr Jašek, Mr Abdulmonem Abdumawla Reverend Hassan Abduraheem a Sudanese church leader, Mr Petr Jašek a Czech humanitarian worker and Mr Abdumonem Abdumawla a Sudanese activist have been detained in Sudan since December 2015. The men were eventually brought to trial following (months) in detention, and accused of a series of national security crimes. On Sunday 29 January 2017 Judge Osama Ahmed Abdulla found the three men guilty of a number of charges. Mr Jašek was found guilty of espionage, entering and photographing a military area, inciting hatred, propagating false news, entering the country illegally and violating articles of Sudan’s Volunteer Act. He was sentenced to life imprisonment for espionage – which is a minimum term of 20 years, and three and a half years) for the remaining charges, for which he also received a 100,000 (approximately $15,000.1 Reverend Abduraheem2 and Mr Abdumawla3 were found guilty of assisting Mr Jašek in the commission of espionage, propagating false news, and inciting hatred between sects. They were both sentenced to 10 years for espionage and two years for the other crimes. All of the sentences are to run concurrently. The case against them centres on a request for medical assistance from a young Darfuri named Ali Omer, who was injured during a student demonstration in 2013 and left with severe burns that require ongoing medical treatment. His friend, Mr Abdumawla, solicited funds from various organisations and individuals, and Reverend Abduraheem and Mr Jašek donated money towards this treatment. The prosecution argued the men had in reality raised funds in support of armed movements in the South Kordofan, Blue Nile and Darfur regions that are fighting against the government of President Omar al-Bashir. By framing the case in this manner, Sudan’s National Intelligence and Security Service (NISS), which brought the case, attempted to exploit the fact that Reverend Abduraheem is from the Nuba Mountains in 1 Mr Jasek was found guilty of espionage (Article 53 of Sudan’s

Criminal Code) and sentenced to life imprisonment; entering and photographing military areas (Article 57) and sentenced to one year imprisonment; inciting hatred between sects (Article 64) and sentenced to one year imprisonment; propagation of false news (Article 66) and sentenced to six months imprisonment; Article 30 of the Immigration Act and sentenced to one year imprisonment; and of violating Article 8 and 23 of Sudan’s Volunteer Act, and was fined 100,000 Sudanese Pounds (approximately $15,000 US Dollars). The minimum term of life imprisonment in Sudan is a total of 20 years in prison. 2  Reverend Abduraheem was found guilty of espionage (Article 53 of Sudan’s Criminal Code) and abatement (Article 25) and sentenced to ten years imprisonment; of inciting hatred between sects (Article 64) and sentenced to one year imprisonment; and propagation of false news (Article 66) and sentenced to one year imprisonment. 3  Mr Abdumawla was found guilty of espionage (Article 53 of Sudan’s Criminal Code) and abatement (Article 25) and sentenced to ten years imprisonment; of inciting hatred between sects (Article 64) and sentenced to one year imprisonment; and propagation of false news (Article 66) and sentenced to one year imprisonment.

South Kordofan, while Mr Abdumawla is from Darfur. A fourth man, Reverend Kuwa Shamal, was released on 2 January 2017 and all charges against him were dropped. His arrest and addition to the trial seemed to be based solely on his friendship with Reverend Abduraheem and his senior position in the Sudan Church of Christ. In 2014, Reverend Shamal’s church had been confiscated and demolished by the government with less than 24 hours’ notice. The case exemplifies the discriminatory policies of the Sudanese government against ethnic and religious minorities. It comes at a time when Sudan’s Christian community is experiencing increasing discrimination and severe restrictions on freedom of religion or belief, a right which is protected in Sudan’s constitution and in international statutes to which the nation is party.4 It also coincides with a harsh crackdown against Darfuri students that began in 2015. We are calling on Federica Mogherini, EU High Representative for Foreign Affairs and Security Policy and Vice President of the EU Commission; Mr Stavros Lambrinidis, EU Special Representative for Human Rights; Mr Ján Figeľ, Special Envoy for the promotion of freedom of religion or belief outside the European Union to condemn the verdict and sentences received by these men, to call on Sudan to overturn the convictions and release them immediately and to urge Sudan to uphold its constitutional and international obligations regarding freedom of religion or belief and the principle of non-discrimination.

4  Sudan’s 2005 constitution states: Article 6: The State shall respect the religious rights to:worship or assemble in connection with any religion or belief and to establish and maintain places for these purposes, establish and maintain appropriate charitable or humanitarian institutions, acquire and possess movable and immovable property and make, acquire and use the necessary articles and materials related to the rites or customs of a religion or belief write, issue and disseminate religious publications, teach religion or belief in places suitable for these purposes, solicit and receive voluntary financial and other contributions from individuals, private and public institutions, train, appoint, elect or designate by succession appropriate religious leaders called for by the requirements and standards of any religion or belief, observe days of rest, celebrate holidays and ceremonies in accordance with the precepts of religious beliefs. Article 38: Every person shall have the right to the freedom of religious creed and worship, and to declare his/her religion or creed and manifest the same, by way of worship, education, practice or performance of rites or ceremonies, subject to requirements of law and public order; no person shall be coerced to adopt such faith, that he/she does not believe in, nor to practice rites or services to which he/she does not voluntarily consent. Sudan is a party to the International Covenant on Civil and Political Rights which guarantees freedom of religion or belief in article 18.

© Copyright Christian Solidarity Worldwide 2016. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, transmitted, in any form or by any means, electronic, photocopying, mechanical, recording and/or otherwise without the prior written permission of Christian Solidarity Worldwide. PO Box 99, New Malden, Surrey, KT3 3YF, United Kingdom T: +44 (0)845 456 5464 F: +44 (0)20 8942 8821 E: admin@csw.org.uk www.csw.org.uk CSW is a Christian organisation working for religious freedom through advocacy and human rights, in the pursuit of justice. Registered Charity No. 281836


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