The following is based on a communication sent by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of Sudan on 25 November 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. Regrettably, the Government did not reply within this timeframe. If a reply is received, it will be posted on the UN Special Procedures communications database.
Mr. Abdullah continues to be detained in Port Sudan Central Prison. He has yet to be formally sentenced, despite being charged under article 53 of the Sudanese Criminal Code of 1991, which pertains to espionage and collaboration with a foreign state or its agents.
This is a shorter version of the original communication.Read the full communication
BACKGROUND
Topic: the arrest, sentencing, and detention of Mr. Montaser Abdullah
Mr. Montaser Abdullah is a lawyer and human rights defender, whose work has centred on offering legal assistance for gender-based violence and delivering legal support to survivors of such crimes.
Concerns regarding the arrest and alleged arbitrary detention of human rights defenders were raised in several previous communications sent to the Government of Sudan by UN experts, including SDN 1/2023, SDN 3/2022, SDN 2/2022, and SDN 4/2021.
ALLEGATIONS
Mr. Montaser Abdullah was the legal representative of the Defence Committee for the accused leaders of Tagadom in complaint No. 1613/2024. Mr. Abdullah was representing the team that defends the 17 members of the Tagadom Coordination Committee, including its chair, former Prime Minister Dr. Abdalla Hamdok, against accusations by the National Committee for Investigating Crimes and Violation of National Laws and International Humanitarian Law. The indictees were accused of undermining the constitutional order, waging war against the state, crimes against humanity, genocide and war crimes in accordance with the Sudanese Criminal Act of 1991. The charges also include terrorist crimes, running terrorist organizations and seizing aircraft” under the Counter-Terrorism Law of 2001. Some of these offenses carry death penalty as punishment.
On 21 May 2024, Mr. Montaser Abdullah submitted a request to the Public Prosecution in Port Sudan to review the charge sheet so that he could prepare his defence. Since that date, he reported his office being under surveillance by authorities. Namely, some of his relatives alerted being sent photos capturing Mr. Abdullah’s entry and exit from his office.
On 5 September 2024, Mr. Abdullah was arrested by two Red Sea Security Cell officers upon arrival in his office from the Court. He was arrested on the spot and taken to the Security Cell premises without the presentation of any arrest warrant. After several hours, he was released from detention but was instructed to return the next day. On 6 September, upon his return, he was informed that he would need to come back again on 7 September. Complying with these instructions, he presented himself the next day and was taken into custody. During his detention, he was reportedly forced by the authorities to waive his right to immunity as a lawyer while performing in his professional role. He remained in detention without interrogation and was incommunicado until 3 October 2024.
Sources
Sudan: Arrest, sentencing and detention of lawyer and HRD Montaser Abdullah