1 February 2019
May glory be given to the Martyrs of the Intifada along with our best wishes for a speedy recovery to the wounded and a salute of honour to the detainees in prisons and detentions.
London, UK: A statement on the raid and arrest of lawyers when performing theirs duties:
In violation of the Constitution and the law, which grants immunity and protection to the lawyers and their work, on Thursday, January 31, the National Intelligence and Security Service (NISS) members arrested a group of lawyers when they were in a meeting to form a committee to defend the detainees and provide them with legal aid. The law prohibits the arrest, detention or objection to the work of lawyers, as it is an integral part of the justice edifice. The primary duty of any lawyer is to defend the fundamental rights of their clients, ensure access to justice is provided and to oversee the rule of law.
Names of lawyers who have been arrested:
- Montasir Jafar
- Muthanna Awad Al Sayed
- Moataz Kamal
- Samer Youssef
- Ahmed Al-Obeid
- Amer Issamuddin Bob
- Adel Mohammed Al-Zain
- Moataz al-Jaali
- Adel Eltaher
- Islam Fatah al-Rahman
The immunity granted to a lawyer is one of procedural immunity, provided for in the law and is primarily directed to all segments of the state, with the aim of providing legal protection to a lawyer in order to allow them to perform their work freely without interference from any authority that may seek to use its power to detain or object them due to actions that they may pursue.
Since its seizer of power in Sudan, the Islamist government has sought to undermine the profession of the law and vehemently assault lawyers. This started by falsification of the will of the electorate through deceitful and corrupt methods to control the Lawyers’ Bar Association, where Islamists had not won any seats throughout the Bar’s history before the Inghaz regime. It is unexpected that the Islamists as a group will protect or maintain the principles of the legal profession. It is presumed that the state will defend lawyers and refrain from lifting their immunity in matters related to their duties, without prejudice. However, instead of refraining from lifting their immunity, the Islamic government granted the NISS open-ended permission to arrest lawyers in an explicit act of disregard to both the constitution and the law.
The restoration of the Lawyers Bar Association and its role in the protection of rights and freedoms and the maintenance of its independence as the regulatory body for the legal profession in Sudan, will only be achieved when the Inghaz regime is toppled. All organs of Sudan’s justice systems will then regain their independence and prosecute all those who have violated the rights of the people and undermined their sanctity and fundamental rights.
We affirm that the Bar Association is obliged to perform the role that the law requires of them, which is to peruse, specifically, meet with these lawyers and to challenge their detention, which was carried in contravention of the Constitution and the law. We assert they be held accountable and responsible for the failure to perform their duties in the protection of Bars members.
Greetings to our colleagues who are defending their people. We affirm that the will of the Sudanese people will inevitably prevail in the restoration of democracy, the rule of law and respect for human rights.
Executive Office
Sudanese Lawyers and Legal Practitioners’ Association in the UK