SAR IS DEEPLY ALARMED BY FRESH PROSECUTION OF MOTHER OF GANG-RAPE SURVIVOR IN SENNAR.

The Sudanese Alliance for Rights (SAR) is deeply alarmed by the fresh legal proceedings against Hawa Omar Osman Saleh, the mother of a young woman who survived gang rape in Sennar State. The new case, initiated just days before Hawa was due to complete an existing prison sentence, raises serious concerns about freedom of expression, access to justice and the treatment of survivors of sexual violence and their families.

Speaking out against injustice, questioning the handling of a case involving sexual violence and demanding accountability should not be treated as criminal conduct. The ability to express concerns about judicial decisions and the administration of justice is an essential component of freedom of expression and public accountability. Survivors of sexual violence and their families must be able to seek justice, challenge decisions they believe to be unfair and demand accountability without fear of intimidation, harassment or punishment for speaking out.

It is against this backdrop that SAR is concerned by the circumstances surrounding the new proceedings against Hawa. According to a Radio Dabanga report published on 9 November 2026, she is facing fresh charges before the Sennar Criminal Court under Articles 115 and 116 of Sudan's 1991 Criminal Act, relating to influencing the course of justice and insulting a public official during judicial proceedings. The complaint was filed by Ismail Awad Rahma, the former judge who presided over her daughter's initial rape case. The hearing was scheduled for 10 November, only 19 days before Hawa was due to complete her existing six-month prison sentence.

Hawa is already serving a six-month prison sentence and faces an outstanding fine of five billion Sudanese pounds. This sentence arose from a separate case brought by her former lawyer, Farah Mubarak, following her public criticism of the handling of the appeal proceedings in her daughter's rape case. An appeals court upheld the sentence on 27 August 2026. Her family has reportedly submitted a petition seeking clemency and the waiver of the fine, citing their inability to pay it and the family's difficult circumstances. According to the family, the petition had not received a response by the time they were notified of the new proceedings.

The new complaint against Hawa stems from a video she shared on social media criticising the initial judgment in her daughter's rape case. In December 2025, the first-instance court sentenced two of the three men convicted of raping her daughter to three years' imprisonment and ordered 100 lashes for the third defendant. The ruling prompted strong objections from the family, particularly in light of the judicial confessions, forensic medical report and testimony from a forensic doctor confirming the assault. Hawa subsequently criticised the sentences in a social media broadcast, arguing that they did not reflect the gravity of the crime.

In a subsequent development, on 15 September 2026, the Sennar Court of Appeal sentenced all three defendants to life imprisonment for the gang rape, replacing the initial sentences. While this development marked an important step in the pursuit of justice for the survivor, the continued legal proceedings against her mother raise further concerns about the treatment of families who speak out against perceived shortcomings in the administration of justice.

A relative of the family also questioned the conduct of the new proceedings, alleging that the judge who filed the complaint was acting as both complainant and witness. This allegation, if established, raises serious questions about procedural fairness and the impartiality of the proceedings. The circumstances warrant close scrutiny to ensure that the judicial process is not used to intimidate or punish individuals for expressing concerns about the handling of cases involving sexual violence.

A mother who speaks out after her daughter has survived a grave act of sexual violence should not face further legal jeopardy for demanding justice. While courts have a duty to uphold the law, judicial proceedings must be independent, impartial and free from any appearance of retaliation. The use of criminal proceedings in response to criticism of judicial decisions risks undermining public confidence in the justice system and deterring survivors and their families from reporting sexual violence, challenging inadequate judicial outcomes or seeking effective remedies.

These developments raise wider concerns about access to justice for survivors of sexual violence in Sudan. Survivors and their families must be able to report violations, challenge judicial decisions and seek accountability without fear of intimidation, harassment or further punishment. Protecting those who speak out is essential to ensuring that sexual violence is not met with silence and impunity.

Sudan is a State Party to the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to a fair and impartial hearing under Article 14 and protects freedom of expression under Article 19. These guarantees are particularly important where individuals raise concerns about the administration of justice and the handling of cases involving serious human rights violations. Any restrictions on freedom of expression must comply with the requirements of international law and must not be used to suppress legitimate criticism or public scrutiny of judicial proceedings.

SAR calls on the Sudanese judicial and prosecutorial authorities, particularly those in Sennar State, to ensure that the fresh proceedings against Hawa Omar Osman Saleh are handled independently and impartially, and that her right to freedom of expression is fully respected. The authorities must ensure that criminal proceedings are not used to punish her for publicly questioning the handling of her daughter's rape case or demanding accountability. Any allegations against her must be examined in accordance with due process, with safeguards to guarantee an impartial hearing.

SAR further calls on the relevant Sudanese authorities to urgently consider Hawa's pending petition for clemency and the waiver of her outstanding fine, taking into account her financial circumstances, existing sentence and the wider implications of her continued prosecution. Her right to challenge judicial decisions and seek justice for her daughter must be respected.

The Sudanese authorities have a responsibility to ensure that survivors of sexual violence and their families can pursue justice without fear of intimidation, harassment or further prosecution for speaking out. The justice system must protect those who seek accountability, not expose them to further harm. Speaking out against injustice must never become grounds for punishment.

Sudanese Alliance for Rights (SAR),

10 November 2026