The Sudanese Alliance for Rights strongly condemns the decision issued on 29 May 2025 by the Ministry of Finance and Economic Planning, imposing fees on essential services provided by the Public Prosecution. This move, enacted under the so-called “Unified Federal Prosecution Service Fees,” represents a blatant attack on the fundamental principle of free access to justice.
For decades, the Public Prosecution has operated as a pillar of justice, offering its services, particularly during the critical pretrial phase free of charge. Imposing financial barriers on services such as bail, legal initiation, access to case files, and referrals effectively turns justice into a commodity, accessible only to those who can afford it.
This decision is not only discriminatory in nature—it is dangerous. It comes at a time when Sudanese citizens are already burdened by war, displacement, and economic hardship. To demand payment from the oppressed in exchange for justice is to mock the very purpose of a prosecution system meant to serve and protect.
We are deeply alarmed by the Finance Ministry’s encroachment into the independence of the Public Prosecution, a body that must remain shielded from political and financial interference. The Public Prosecution is a judicial authority—not a revenue-generating arm of the executive.
Moreover, this decision stands in clear violation of Sudanese constitutional provisions and international human rights standards that guarantee the right to legal recourse, fair trial, and equality before the law. These violations include:
- Sudan’s Interim National Constitution (2005)—still referenced under transitional frameworks—guarantees in Article 35 that “The right to litigation shall be guaranteed for all persons. No person shall be denied the right to resort to justice.” Imposing financial barriers directly contravenes this guarantee, denying access to justice for those unable to pay.
- The International Covenant on Civil and Political Rights (ICCPR), ratified by Sudan, affirms in Article 14(1) that “All persons shall be equal before the courts and tribunals…” and are entitled to a fair and public hearing. By introducing fees, the decision undermines equal access and the right to a fair trial.
- The African Charter on Human and Peoples’ Rights, also ratified by Sudan, enshrines in Article 7 the right to a fair trial, including “the right to be heard” and to seek legal remedy. These fees obstruct this right, especially for economically disadvantaged citizens.
- The UN Basic Principles on the Role of Lawyers (1990) stress in Principle 3 that governments must ensure “equal access to lawyers and legal services.” Monetising prosecution-related procedures weakens this principle, particularly during the crucial pretrial stage when legal protections are most needed.
This policy is not only unlawful, it is unjust. It comes at a time when millions of Sudanese are displaced, impoverished, and traumatised by war. To demand money from the oppressed in exchange for justice is a betrayal of the very essence of justice.
Equally troubling is the overreach of the Ministry of Finance into the affairs of the Public Prosecution—a judicial authority that must remain independent from executive interference. This decision undermines the principle of separation of powers, a cornerstone of both domestic and international standards on judicial independence.
We, at the Sudanese Alliance for Rights, call for the immediate repeal of this decision.
We reaffirm that justice must never be for sale. We demand that the independence of the Public Prosecution be safeguarded and that every citizen regardless of income retain full, unimpeded access to legal protections and remedies.
Justice must serve the people not a budget line.
Sudanese Alliance for Rights
2 June 2025