The Sudanese Alliance for Rights strongly condemns the recent decision by the Head of the Judicial Authority in Northern State to establish emergency courts in the localities of Dongola, Al-Dabbah, Halfa, and Merowe, as announced on 12 June 2025.
This move flagrantly violates the Sudanese Constitution and legal framework, which vests the power to establish special courts solely in the office of the Chief Justice. The decision by the Head of the Judicial Authority to confer full criminal jurisdiction on these courts, including the application of the 1991 Criminal Act, the 1997 Emergency and Public Safety Protection Act, and state-level emergency orders, represents a dangerous overreach and a clear abuse of judicial authority.
Furthermore, the declaration that these courts will operate under regulations yet to be issued by the same official—who holds no legislative mandate—underscores the unconstitutional nature of this decision. The establishment of such courts under an emergency guise opens the door to arbitrary arrests, torture, and the looting of property, as has already been reported in the region.
We view this development as an alarming misuse of the judiciary for political ends. It not only threatens the independence of the judicial system but also endangers the fundamental rights and liberties of Sudanese citizens. It sets a deeply troubling precedent for the weaponisation of legal institutions to settle political scores.
This decision also constitutes violations of regional and international human rights standards, including:
- Article 7 of the African Charter on Human and Peoples’ Rights, which guarantees the right to be heard, presumption of innocence, and the right to defence before a competent, independent, and impartial court.
- Article 14 of the International Covenant on Civil and Political Rights (ICCPR), ratified by Sudan, which protects the right to a fair trial and the independence of the judiciary.
- The United Nations Basic Principles on the Independence of the Judiciary, which emphasise the necessity of an impartial and independent judicial system free from external influence or interference.
- Article 9 of the ICCPR, which prohibits arbitrary arrest and detention, a likely consequence of these emergency courts’ sweeping powers.
The Sudanese Alliance for Rights calls for:
- The immediate reversal of this unlawful decision.
- A reaffirmation of the Chief Justice’s sole authority over the establishment of courts.
- Accountability for those responsible for bypassing legal protocols and enabling violations against civilians.
- Urgent attention from regional and international human rights mechanisms, including the African Commission on Human and Peoples’ Rights and the United Nations Human Rights Council.
We stand in solidarity with the people of Northern State and all Sudanese affected by this egregious abuse of power. The rule of law must be restored, and justice must prevail.
Sudanese Alliance for Rights
18 June 2025
