Silencing diSSent RestRictions on fReedom of opinion and expRession peRsist in 2 Silencing diSSent RestRictions on fReedom of opinion and expRession peRsist in sudan

The Sudanese authorities are using new forms of censorship in an effort to silence freedom of expression in Sudan. In previous years, pre-print censorship was periodically invoked to control the press. However, since early 2011 the government has controlled the media by confiscating newspapers after they have been printed. Vendors have been prevented from distributing copies and financial losses have caused some newspapers to close down. In a clear crackdown by the authorities on all forms of dissent, many activists have also been harassed for participating in peaceful demonstrations and speaking out against the government.

Journalists, writers and others who voice became independent on 9 July 2011 Rai Al Shaab, a newspaper affiliated with their opinions have faced arrests, torture following an overwhelming vote in January the opposition Popular Congress Party, and other ill-treatment by members of the 2011 for self-determination. The Sudanese was closed on 2 January, only months National Intelligence and Security Service authorities clamped down further on after it had resumed printing following an (NISS) and other security agents in Sudan. freedom of opinion and expression at earlier shutdown. NISS agents arrived at Many have faced criminal charges and this time of change by shutting down six the offices, took an inventory of Rai Al have had their equipment confiscated, newspapers in Sudan on 8 July that were Shaab’s property, ordered staff to leave preventing them from carrying out their partly owned by South Sudanese. the premises and informed the editor- media work. in-chief that the newspaper would be The Secretary General of the National suspended indefinitely. These measures are believed to be used to Council for Press and Publications pressure editors and newspaper owners not (NCPP) stated that the titles were closed Rai Al Shaab was previously shut down in to publish material considered controversial in line with Article 28 of the 2009 May 2010 and a number of staff were or critical of the government. Although the Press and Publications Act, which states arrested, reportedly in relation to several Sudanese authorities have long suppressed that “Publishers shall be Sudanese published articles. One of the articles the right to freedom of opinion and nationals…”. This action was taken ahead included reference to the April 2010 expression, this intensified pattern of (and thereby in violation) of a six months presidential and parliamentary elections, harassment and intimidation of vocal critics transitional period set by the NCPP to and another suggested that an Iranian of the government since January 2011 adjust media licences following South weapons factory had been built in Sudan. marks a new development. Sudan’s independence. Alwan, one of Sudan’s oldest newspapers, was shut down on 13 January under clAMPdOWnS Since SOUtH neWSPAPeR clOSUReS in 2012 Articles 24 and 25 of the 2010 National SUdAn indePendence In the first two months of 2012 alone, the Security Act, which allow the NISS to ban Sudan has been going through a period of Sudanese government suspended three any publication containing information major transformation since South Sudan opposition newspapers: considered a threat to national security.

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On 8 March, the NISS summoned the Professor Zain Al-abideen was arrested above: Journalists demonstrate outside the editor-in-chief and warned him that they on 20 February after leaving his office at National Press Council in on were dissatisfied with the work of a number the university and held for 15 days in 7 February 2012 against the closure of two of journalists. incommunicado detention without access newspapers, Alwan and Rai Al Shaab. to a lawyer or his family. He was released The newspaper was reinstated on 19 on 4 March without charge. cover: Journalists from Al Tayar newspaper March. On the evening of 20 March, the protest on 20 February 2012 in front of the NISS raided Alwan’s headquarters, ordered It is believed that both Rai Al Shaab National Press Council in Khartoum at the the suspension of journalists Mujahid and Alwan were closed for reporting confiscation by security agents of that day’s Abdallah and Isam Jaafar, and banned on the death of Khalil Ibrahim, former issue. The banner reads “We are not afraid”. them from writing for Alwan and any other leader of the Justice and Equality © Reuters/Mohamed Nureldin Abdallah Sudanese newspaper. Movement, one of the main Darfuri armed opposition groups. No official The daily newspaper Al Tayar was reasons were provided by the government suspended indefinitely on 21 February, for any of the closures. shortly after it published an article by Professor Mohamed Zain Al-abideen, Dean of the College of Higher iMPAct OF cRiMinAl cHARgeS Education at the University of Al Zaiem On JOURnAliStS Al Azhari in Omdurman, in which he Journalists facing criminal charges as a criticized President Omar al-Bashir result of their work experience serious for government corruption and nepotism. constraints. Court cases may be pending Printed copies of the newspaper were for many months, with very slow progress. confiscated on 20 February and it As a result, affected journalists are was suspended by the NISS on the severely restricted in their movements and following day. their work.

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right: Safia Ishaag, art student and activist r i v a t

with Girifna. e below : Poster of Abuzar Al Amin produced by Amnesty International Germany for Amnesty International’s 50th birthday celebrations.

abuzaR al amin JOURnAliStS ARReSted FOR RePORting On RAPe ©

A assault of an niSS agent, and the second to an Safia Ishaag, aged 26, an art student and m

n article he had written for Rai Al Shaab . Both the activist with the youth movement Girifna e s t

y alleged assault and the article predate the (We’re fed up), was tortured by three NISS

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e original trial. agents after they arrested her in Khartoum r n

a on 13 February 2011. The agents raped t i o n

a Abuzar Al Amin was finally released on bail on her as well as beat and kicked her l 22 August 2011 although the charges against repeatedly, to the point of unconsciousness. him have not been dropped. One of these is Following her release, Safia Ishaag publicly “undermining the constitutional system”, recounted her experience in a video which punishable by death. went viral on the internet. The authorities denied all allegations of torture and sexual Abuzar Al Amin was considered a prisoner of assault, and intimidated and harassed Safia conscience at the time of his detention. Ishaag and her family. Amnesty international calls for all charges against him to be dropped, including the new The outspoken video inspired a number charges of June 2011, which are believed to be of journalists and writers to call on the politically motivated. Sudanese authorities to investigate the Abuzar Al Amin, former deputy editor-in-chief of allegations. The government responded Rai Al Shaab , was among those arrested in “I feel at risk, because the by arresting and charging the journalists May 2010. He was sentenced under Articles and writers who were sympathetic to Safia 50 and 66 of the 1991 criminal Act to five charges against me have not Ishaag’s cause. years’ imprisonment for “undermining the been dropped and my case constitutional system” and “the publication of could be opened at any time. Among those was Faisal Mohamed Salih, false news”. a journalist for Al Akhbar newspaper and a I could end up in jail without university media lecturer. His article in May 2011, the Supreme court reduced any notice... I am unemployed “Communication to the Public”, published Abuzar Al Amin’s sentence to one year and he on 1 March 2011, described Safia Ishaag’s was due to be released on 3 July. two weeks and can’t write for my ordeal and that faced by other Sudanese earlier, in June, the niSS brought a further two newspaper anymore.” women in NISS custody and stated that the charges against him, one related to an alleged abuzar al amin National Security Act allows immunity for NISS agents. On 12 March 2011, Faisal Mohamed Salih was charged with criminal defamation and accused of ruining the reputation of the NISS. His case was referred to the Press Court – courts which

Amnesty international April 2012 index: afR 54/013/2012 Silencing diSSent 5 RestRictions on fReedom of opinion and expRession peRsist in sudan ©

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h Cartoon by Sudanese artist Khalid Albaih in a l i d support of Mohamed Hassan Alim Boshi.

A l b It reads, “We are all Boshi”, referring to the a i h Egyptian Facebook campaign “We are all Khaled Said”. (CC BY 2.0)

are granted jurisdiction under the 2009 HARASSed FOR SPeAKing OUt take to the streets to demonstrate. Inspired by Press and Publications Act to prosecute It is not only journalists who are being uprisings in neighbouring countries such as “publishing crimes” – in Khartoum North; targeted by the authorities. Peaceful political Tunisia and Egypt, peaceful protests took he continues to await trial. activists who speak out against the place from 30 January 2011 in Khartoum government are also faced with constant and surrounding towns and cities. Security “A young Sudanese woman harassment and arbitrary detention. forces responded with excessive force, including tear gas and batons. and activist’s weapons are On 26 December, seven armed NISS agents demonstrating and writing, arrested Mohamed Hassan Alim Boshi, a Activists have been arbitrarily arrested, giving speeches in her political activist and engineer, at his home. He harassed and intimidated by the police was held incommunicado without access to a and NISS, and subjected to torture and other university and nothing more.” lawyer or his family for 22 days before being ill-treatment in custody. Many were arrested faisal mohamed salih, speaking of safia ishaag released without charge. before, during and after taking part in demonstrations. Fatima Ghazali, a journalist from Aljareeda Mohamed Hassan Alim Boshi believes his newspaper, was fined 2,000 Sudanese arrest was linked to his public criticism pounds (around US$740) by the Press of Nafie Ali Nafie, deputy chairman of SiteS Court for writing about Safia Ishaag and Sudan’s ruling National Congress Party inFiltRAted calling for an investigation into her (NCP). A video showing Mohamed Hassan Social media sites such as Facebook, treatment. She was charged under Article Alim Boshi challenging the official at Twitter and YouTube have been increasingly 66 of the 1991 Criminal Code with “harmful a symposium held at the University of used by Sudanese activists to disseminate publishing” and under Articles 26 and 28 of Khartoum in December 2011 was posted information and co-ordinate activities, the 2009 Press and Publications Act. The on YouTube and widely circulated on online including demonstrations. newspaper’s editor-in-chief, Saad Eddin forums and media outlets. Ibrahim, was fined 5,000 Sudanese pounds The authorities have previously infiltrated (around US$1,860) in relation to the article. Mohamed Alim Hassan Boshi is a well-known sites used by youth groups such as Girifna Fatima Ghazali initially refused to pay the activist and member of the opposition Ba’ath and Youth for Change and used them to fine and was detained for two days. party in Sudan. He was detained nine times arrest activists. Activists told Amnesty between 2003 and 2012 for speaking out International that during interrogation by On 29 August 2011, President al-Bashir against the government, including by the NISS, they were asked for their email declared an amnesty for all journalists participating in peaceful protests. In January and Facebook passwords. detained by the NISS and called for and February 2011 he was reportedly their immediate release. Despite this tortured while held in detention for 47 days. NCP officials made statements in the national presidential ruling, several journalists media in February and March 2011 and writers in Sudan who were detained Rising costs of living and lack of democracy stating that they were closely monitoring at the time remain in detention or have in the country also provoked Sudanese Facebook pages that they considered to charges pending against them. activists to publicly voice their opinions and be “anti-regime”.

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Khalaf saeed omeR The statements concluded that Facebook groups were being administered by “foreign Khalaf Saeed Omer, aged 30, a member of the intelligence bodies” from abroad and were group Youth for change (Shararah), was hosting not representative of Sudanese youth. a meeting on 27 January 2012 in his home in Omdurman to plan a silent protest in solidarity The 2010 National Security Act allows NISS with political prisoners in Sudan. Five plain agents to search and seize assets as well as clothed niSS agents broke into the house and to arrest and detain people for up to four blindfolded Khalaf Saeed Omer and four other and a half months without judicial oversight. people. they were taken to a house in Under the Act, NISS agents are also an unknown location where they were beaten granted immunity from prosecution for any while being interrogated and threatened by acts committed in the course of their work. the agents. serious injury to his ear and their camera Khalaf Saeed told Amnesty international: “i was ReStRictiOnS On was confiscated. The Sudanese security forced to give [the] niSS my Facebook inteRnAtiOnAl MediA forces followed their vehicle and fired at password. At first i refused, but after they told International media also face restrictions to the team when they crossed into Alquaik me ‘give it to us or you will suffer’, i gave it their work. In early June 2011, a team from in north Kadugli. They were once again to them. they entered my account and sent the Arabic-language news network Al forced out of the car, beaten and ordered messages to people.” Khalaf Saeed said that Jazeera were threatened and attacked by to leave the area. he was also forced to have what he called Sudanese security forces on their way to “an intellectual discussion” during the Kadugli, the capital of Southern Kordofan The Sudanese authorities have imposed interrogation, in which the niSS asked him about state, where armed conflict erupted on 5 severe restrictions on international “the books that had impacted my thoughts”. June between the Sudan Armed Forces and agencies, including humanitarian and the armed opposition group, the Sudan human rights organizations, since the during the five-day interrogation, Khalaf Saeed People’s Liberation Movement-North. conflict began in Southern Kordofan and Omer was threatened with mock executions and Blue Nile states and national media have made to wear a t-shirt depicting President al- The four team members – been prevented from reporting on internal Bashir before being released without charge. He a correspondent, a cameraman, an armed conflicts in Sudan. said, “i was forced to sit in a courtyard during engineer and their driver – were travelling the night and someone from the niSS came from with a military convoy in accordance with behind me holding a weapon. He said he was arrangements made with the Sudanese legAl FRAMeWORK – tHe RigHt going to kill me. On another occasion, a winter authorities. They were stopped at a tO FReedOM OF eXPReSSiOn scarf was wrapped around my neck violently. checkpoint under the pretext of entering The right to freedom of expression is it was like being executed by hanging.” a restricted area, made to get out of integral to the realization of other human the vehicle and cornered and beaten rights, including the right to freedom of with rifle butts. The driver suffered a association and peaceful assembly. Article

Amnesty international April 2012 index: afR 54/013/2012 Members of the youth movement Girifna protest in favour of free and fair elections in April 2010. The authorities have a history of infiltrating social media sites visited by groups such as Girifna and using information to arrest activists.

The 2009 Journalists’ Code of Conduct states that journalists must “defend the interest, unity, survival and integrity of the homeland”. This stipulation has been used by NISS agents to criminalize freedom of expression, including restricting reporting on armed conflicts in Sudan.

The 1991 Criminal Act is also used to prosecute journalists, specifically under Articles 50, 51, 53 and 66 which have been used by the authorities to interpret articles published as violations of the 39 of the 2005 Interim National Constitution Article 5(2) of the 2009 Press and law or code. of the Republic of Sudan enshrines the right Publications Act states that “No to freedom of expression. restrictions may be applied to the freedom of journalistic publishing save as ReFORMS needed In addition, Article 19 of the International maintained in this Act with regards to The 2009 Press and Publications Act Covenant on Civil and Political Rights and national security protection, public order continues to be used along with other laws Article 9 of the African Charter on Human and health; newspapers shall not be in Sudan to intimidate and criminalize and Peoples’ Rights provide for freedoms of confiscated or shut down nor shall journalists and others who voice opinions opinion and expression. Sudan has ratified journalists and publishers be imprisoned considered controversial. During the 18th the Covenant and the Charter, thereby on issues pertaining to their practice save Session of the UN Human Rights Council committing to uphold these rights. under the provisions of this Act.” This in September 2011, the Sudanese Minister vague definition of what cannot be of Justice publicly committed to amend published gives extensive powers to the the Act in accordance with Sudan’s cOntRAdictORY nAtiOnAl NCPP to suspend newspapers and international obligations. lAWS publishers “if found in violation of the Despite provisions in the Constitution and terms and conditions of the practice.” Sudan should respect, protect and international treaties that Sudan has ratified, promote freedom of expression, including a number of national laws, including the The Act further provides for special courts, the freedom to seek, receive and impart 2009 Press and Publications Act, the 2009 such as the Press Court in Khartoum North information and ideas of all kinds. The Journalists’ Code of Conduct and the where a number of journalists have been press and other media should be able 1991 Criminal Code, retain retrogressive tried in 2011 and 2012. These courts to comment on public issues without or contradictory provisions which are often have the power to impose unlimited fines, censorship or restraint, the ability to arbitrarily used by the Sudanese authorities. and to suspend newspapers, editors and inform public opinion and to criticize journalists indefinitely. government policies.

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A Sudanese woman reads a newspaper in Khartoum.

tAKe ActiOn nOW Write to the Sudan government, calling on n Reform relevant laws, including the PleASe Send APPeAlS tO: them to: 2009 Press and Publications Act and President Omar Hassan Ahmad al-Bashir 2010 National Security Act in accordance Office of the President n Immediately stop the harassment and with Sudan’s international human rights People’s Palace intimidation of journalists, writers and obligations and commitments. PO Box 281 activists in Sudan and respect their right Khartoum, Sudan to freedom of opinion and expression; Email: [email protected] Fax: +249 183 770 621 n Immediately and unconditionally drop all Salutation: Your Excellency charges against Abuzar Al Amin and other journalists, writers and activists who have Mohammed Bushara Dousa been charged after peacefully expressing Ministry of Justice their opinion; PO Box 302 Al Nil Avenue n Reinstate Rai Al Shaab , Alwan , Al Tayar Khartoum, Sudan and all other suspended newspapers; Fax: +249 183 764 168 Salutation: Dear Minister

Amnesty international is a global movement of more than 3 million index: afR 54/013/2012 supporters, members and activists in more than 150 countries and english territories who campaign to end grave abuses of human rights. april 2012 amnesty international our vision is for every person to enjoy all the rights enshrined in the international secretariat universal declaration of human Rights and other international human peter benenson house rights standards. 1 easton street london Wc1x 0dW We are independent of any government, political ideology, economic interest united Kingdom or religion and are funded mainly by our membership and public donations. amnesty.org