{"id":187322,"date":"2013-07-04T22:45:00","date_gmt":"2013-07-04T22:45:00","guid":{"rendered":"https:\/\/dabangasudan.preview.websight.nl\/amendments-to-sudan-s-armed-forces-act-unconstitutional-opposition\/"},"modified":"2013-07-04T22:45:00","modified_gmt":"2013-07-04T22:45:00","slug":"amendments-to-sudan-s-armed-forces-act-unconstitutional-opposition","status":"publish","type":"post","link":"https:\/\/www.dabangasudan.org\/en\/all-news\/article\/amendments-to-sudan-s-armed-forces-act-unconstitutional-opposition","title":{"rendered":"\u2018Amendments to Sudan\u2019s Armed Forces Act unconstitutional\u2019: Opposition"},"content":{"rendered":"

The amendments approved by the Khartoum Parliament on Tuesday to the Armed Forces Act of 2007 are \u201cunconstitutional\u201d and their passing is evidence of the ruling National Congress Party \u201charbouring a hidden agenda\u201d, according to opposition MPs.<\/p>\n

As reported previously by Radio Dabanga, the amendments will effectively allow military courts to prosecute civilians for several crimes, including deserting military service, harbouring a fugitive, disclosing military information, using military uniforms, undermining the constitutional order, inciting war against the state, dealing with an enemy state, spying on the state, and allowing the escape of prisoners of war.<\/p>\n

\u201cThe amendments are clearly in violation of the Constitution and state covenants on human rights ratified by the Government of Sudan and international covenants by allowing civilians to be tried military courts for crimes against the army,\u201d independent MP Imad Bushra has said in an interview with Radio Dabanga.<\/p>\n

Hidden agenda<\/strong><\/p>\n

\u201cThe amendments approved to Article 4 of the Armed Forces Act are unconstitutional,\u201d he said, stressing that \u201cthe passing of the bill came after pressure from the Defence Minister\u201d.<\/p>\n

Sushra said that the amendments, which were passed when 109 MPs voted in favour, 39 opposed and eight abstained, \u201care inconsistent with the Constitution of the Republic of Sudan that guarantees the civilian the right to a fair trial, the right to defend themselves, produce evidence, and proof; elements which are absent before a military judiciary\u201d.<\/p>\n

Sushra: \u201cThe majority of MPs were against the amendment when the voting involved a \u2018yes or no\u2019, however the Defence Minister insisted to have a re-vote by MPs having to stand or sit. When that happened, most MPs backtracked and stood. This insistence by the Minister and the government is indicative of the regime harbouring a hidden agenda.\u201d<\/p>\n

Eliminating opponents<\/strong><\/p>\n

Speaking to Radio Dabanga from Khartoum, Kamal Omar, media spokesman for the opposition National Consensus Forces echoed Sushra\u2019s condemnation of the amendments.<\/p>\n

Omar: \u201cThis represents a clear and deep violation on the Constitution. It is unimaginable that a country in this century passes such oppressive legislation clearly aimed at eliminating opponents to ensure the survival of the regime.\u201d<\/p>\n

He said the amendment \u201cplaces an entire chapter of the Sudanese Penal Code which includes crimes against state and security under the powers of military courts\u201d. He believes it potentially gives all civilians and opposition figures of the regime a military status.<\/p>\n

\u201cThis shows that the regime does not trust the civil and criminal codes, and depends instead on the military trial. \u201cThis is so that it can exploit them against political opponents to silence them.\u201d<\/p>\n

Omar pointed out that the intervention of the International Criminal Court in the matter of Sudan \u201ccame only after the Court was convinced that the Sudanese judiciary is unwilling or unable to achieve justice\u201d.<\/p>\n

Omar: \u201cThis amendment has robbed the Sudanese courts of the right to rule and put the rule of law in Sudan in danger.\u201d<\/p>\n

File Photo<\/em><\/p>\n

Related: <\/em>Amendments to Sudan\u2019s Army Law \u2018return to a military regime\u2019<\/a> (3 July 3012)<\/p>\n

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