Criminal Petition against the Perpetrators of the Coup D’état October 25, 2021

06:42 PM November, 14 2021

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عبد العزيز عثمان سام-يوغندا
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(Draft)

Drafted by/ Abdel Aziz Osman Sam Younis / Freelancer lawyer, human rights activist,
Date: November 12, 2021
We, the undersigned:
. Legal Professionals working at Legal and Judicial organs in the Republic of Sudan,
. Human rights, and political activists,
.Trade Unions,
. Civil society organizations monitoring the human rights situation in Sudan,
. Any other Sudanese fellows willing to join this Criminal case petition,
The following criminal lawsuit petition under Sections 50 and 51 of the Sudan Criminal Act 1991, and Sections 10 and 162 of the Sudan Armed Forces Act 2007, to be read together with the appropriate paragraphs of the Rome Statute 1998, to fulfill the “Complementary Jurisdiction” of the International Criminal Court (ICC) with the national jurisdiction of the Republic of the Sudan, under the terms of the recent ratification of the Rome Statute 1998 by the Transitional Government of the Republic of the Sudan,
This criminal case petition is filed against all those who jointly overthrew the Constitutional Regime in the Sudan by military coup D’état on October 25, 2021 and those who abet/ incited and supported it, namely:
1- Lieutenant-General Abdel-Fattah Abdel-Rahman Al-Burhan, the Commander General of the Sudanese Armed Forces (SAF), and his associates,
2- Mohamed Hamdan Daglo (Hemeti), Commander of the Janjaweed Rapid Support Forces (RSF), and his partners,
3- Abdel Rahim Hamdan Daglo, leader of the Janjaweed Rapid Support Forces, and his associates,
4- The leaders of the “Palace sit-in” of October 16, 2021 who abet (incited), and supported the military coup De tat, including and not limited to:
1) Commander/ Mini Arko Minawi, Chairperson of the Sudan Liberation Movement/ Army (SLM/A), and his associates,
2) Dr. Gibriel Ibrahim Mohamed, Chairperson of the Justice and Equality Movement, and his associates,
3) Mr. Mubarak Ardol / Director of the Sudanese Mining Company, and his partners,
4) Mr. Altom Haju, Head of the Central Track of the Juba Agreement for the Peace of Sudan October 2020, and his partners,
5) Mr. El-Jakoumi, Head of the North Track at Juba Agreement for the Peace of Sudan, and his partners,
6) Others, if and when proven they were directly participated in the coup, abet, attributed or supported its commission.
Causes of the Criminal Petition:
This criminal lawsuit Petition is filed against the Military Partners of the Sudanese Transitional Government established under the Constitutional Document of August 2019, plus some Armed Movements leaders, and some leaders of the Tracks of the Juba Agreement for Peace October 2020 who staged a sit-in at the Republican Palace/ Khartoum on October 16, 2021, demanding SAF Commander Al-Burhan to issue a statement to overthrow the existing government and dissolve the Constitutional Document of August 2019, that established the Transitional Government of the Republic of Sudan.
To achieve their common intention /goal, the perpetrators committed a military coup and overthrown the existing Transitional Government, they committed criminal acts on October 25,2021 whereby they dissolved the existing Constitutional Regime in Sudan, whereas the leader of the military coup Lieutenant-General Abdel Fattah Al-Burhan (CG) of the (SAF) had broadcasted a statement in the media announcing the military coup overthrowing the Transitional Government, seizing control of the government, dissolved the Constitutional Document, dissolved the Council of Ministers (the Executive Government),solved the Sovereignty Council, and seized all Sudan Government Apparatus by the perpetrators of the military coup forces.

The alleged perpetrators of the coup kidnapped the Prime Minister of the Sudan Dr. Abdullah Adam Hamdok and took him hostage, they initially took him to an unknown destination, and later returned him back to his home after several days, now they put him under house arrest.

The perpetrators of the coup kidnapped ministers in the Federal Government of Sudan, took them hostages to unknown destination, moreover they kidnapped some members of the Sovereignty Council (civilians), took them hostages to unknown destination. Furthermore, they kidnapped political parties leaders in Khartoum and other cities all over Sudan, they took them hostages to unknown destinations, and their fate is unknown,

The perpetrators of the coup, in order to dissolve the existing Constitutional Regime and control over power, they closed the bridges in the federal capital Khartoum, they occupied the HQ of the National Radio and Television Corporation after they kidnapped its director and took him hostage, they cut communication networks, and disconnected internet service throughout Sudan since October 25, 2021,
6. The perpetrators declared a state of emergency throughout the country, breached the public freedoms and infringed human rights, encroached the rule of law and imposed martial laws,
7. The perpetrators dissolved the “Empowerment Removal Committee”, kidnapped its members and took them hostages, they took control of its headquarters and tampered its assets / documentations in a terrible violation of the most important mechanisms of the December 2018 Revolt,
8. The perpetrators chased and arrested political activists and workers in human rights monitoring organizations, the arresting raids are still going on.
9. The acts committed by the perpetrators in the above disclosure constitute a crime under Article 50 of the Sudan Criminal Act 1991 that reads: (Whoever commits any act with the intent of undermining the constitutional system of the country, or with the intent of endangering its independence or unity, shall be punished with death or imprisonment. life imprisonment or imprisonment for a lesser period, with the permissibility of confiscation of all his property).
We find that the elements of this crime are available against the perpetrators beyond the reasonable doubt. The confession of all the perpetrators on the commission of this coup, although they call it “Corrective Measures” even though it is a coup with complete conditions and elements.
10. The acts committed by the perpetrators also constitute a crime under Article 51 of the Sudanese Criminal Act 1991, which states in some of its paragraphs that: (A person is considered a perpetrator of the crime of inciting war against the state and is punishable by death or life imprisonment or imprisonment for a shorter period with the possibility of confiscating all of his property, if he/ she:
(A) Incites a war against the state militarily by gathering or training individuals or collecting weapons or equipment, or initiates or incites the offender to do so or supports them in any way.
(B) (Whoever incites any member of the regular forces to rebel, break obedience, or abandon his duty towards the state).
There is no doubt that this coup d'état dissolved the Sovereignty Council and the Council of the Ministers by military forces, the perpetrators kidnapped the Prime Minister and took him hostage, as well as the ministers and members of his government, and some members of the Sovereignty Council. These actions constitute the crime of inciting war against the state, since the first is the highest sovereign organ in the state and the symbol of its sovereignty, and the second is the top of the executive organ of the Republic of Sudan, and assaulting the two organs and exposing their occupants by kidnapping, provocation and humiliation is tantamount to inciting war against the State in its worst forms. Therefore, the elements of this article are available beyond the reasonable doubt.
11. Assuming what the perpetrators did were “Corrective Measures,” as the coup leader and his deputy of the Rapid Support Militia repeat, but the truth is that: the perpetrators of the coup have no power, the right, to take any “corrective measures” to reform the structure of the Sudan Transitional Government. That power according to the Constitutional Document falls within the competences of the Prime Minister Dr. Abdallah Hamdok and his Cabinet, and consultation with a Political Council called the (Political Incubator) of the Transitional Government. Consequently, the allegations of the coup perpetrators are false, null and void.
12. The Sudanese Armed Forces SAF are represented in the executive government by the Prime Minister, who is by virtue office is the Commander -in -Chief of the SAF, then followed by the Minister of Defense. Hence, The General Commander of the SAF Al- Burhan does not have the power to interfere in the affars of the executive organs in the name of the armed forces.
Article 10 of the Armed Forces Act 2007 reads as follows:
10/ 2) without prejudice to the powers of the Commander in- Chief, and the Minister of Defense, the Commander General shall have the power to:
a) Implements the national defense policy and other defense-related policies,
b) Estimates the strategic military situation and carrying out strategic tasks,
c) Supervises the implementation of plans for the strategic use and distribution of forces and assuming the strategic direction to achieve these goals,
d) Supervises the preparation of plans and programs necessary to enable the armed forces to perform their tasks and duties, organize and modernize them to achieve the same objectives,
c) Appoints the Chairman and members of the Joint Chiefs of Staff in consultation with the Minister of Defense and with the approval of the Commander -in- Chief (the Prime Minister),
h) Any other tasks assigned to him by a higher competent authority.
Note: The higher competent authority (in paragraph h above) is the Prime Minister and the Minister of Defense,
The Commander General of the Army, General Al-Burhan, and his deputy Hemiti, of the Janjaweed Rapid Support Militia, they did not alleged that they have been assigned by the Prime Minister or the Minister of Defense to do what they did.
Therefore:
It is clear that not among the tasks and competencies of the Commander General of the SAF General Al-Burhan, and his partners in the military coup of October 25, 2021 to take such a “corrective measures” which undermined the existing transitional regime of the Sudan, and paralyzed the whole country,
13. The actions taken by the perpetrators of the coup are considered a rebellion against the existing constitutional regime and undermined it.
Article 162 of the Armed Forces Act of 2007 states as follows:
(162-1: Whoever commits the crime of rebellion against the constitutional regime is liable to death or imprisonment for a period not exceeding twenty years with the possibility of deprivation of all or part of the pension or privileges, whoever undertakes, agrees or plans with others to prejudice the constitutional or security order or the unity of the State by using armed force, or incites war against it, or prepares materially or morally for that, or commits any actions, or makes any communications or equipment that may cause that,
2- Without prejudice to the generality of Clause (1) above, each of the following shall be deemed to have committed the crime of rebellion against the constitutional regime:
(a) He who is present when committing any act of rebellion against the constitutional regime and is aware of it and does not make every effort to suppress it or prevent its occurrence;
(b) Who bears arms or joins any armed group that takes the means of armed action against the constitutional order,
(C) He who is aware or has reason to believe that there is an existing rebellion or an intention to carry out the rebellion or an agreement with which has occurred and does not reach or delay in reporting to the competent authority or to his commander.
. From the foregoing, it is clear that the actions of the perpetrators constituted a military coup that undermined the Transitional Constitutional Government of the Republic of Sudan, and a rebellion against it.
. Based on the above, we kindly request the opening of a criminal case under the articles mentioned above against the perpetrators above, and all those who colluded with them by directly participation, inciting, encouraging, tempting or providing facilities to carry out these crimes,
The petitioners are ready to bring direct, indirect and material evidence to prove these crimes beyond the reasonable doubt.
Attachments:
A list of the names of the petitioners of this criminal case:
1. Abdel Aziz Othman Sam/ Freelancer lawyer, Human Rights Activist,
2. Abdul Wahab Al-Ansari, Freelancer Lawyer, Human Rights Activist,
3.

This Petition is presented to:
1. The Attorney General of the Republic of the Sudan/ Khartoum,
2. The Chief Justice of the Republic of Sudan/ Khartoum,
3. Prosecutor General of the International Criminal Court/ The Hague- Netherlands,
4. The African Court of Human and Peoples’ Rights/ Arusha- Tanzania,
5. The Human Rights Council / United Nations - Canton of Geneva / Switzerland,

A copy of the petition with thanks to:
1. Security Council / the United Nations - New York / United States, (The situation in Sudan after the coup constitutes a serious threat to international peace and security),
2. The African Union Commission / Addis Ababa - Ethiopia (A military coup is not permitted against a constitutional regime established in any member state of the African Union),
3. The United States, a strategic partner in the process of the democratic transition in Sudan,
4. The Troika Group,
5. IGAD Group,
6. The European Union Commission/ Brussels-Belgium,
7. The League of Arab States / Cairo - Egypt,

The damage caused by the military coup in Sudan so far:

. They confiscated the gains and slogans of the glorious December 2018 revolut: freedom, peace and justice.
. They killed more than 18 martyrs since October 25, 2021.
. More than 400 protesters were injured in the protest processions.
. A large number of the kidnapped protestors, Kandakat and Shafata,
. They arrested the Prime Minister Dr. Abdullah Adam Hamdok, after being taken hostage and now confined to a house arrest,
. Some leaders of the parties sponsoring the Transitional Government (the Forces of Freedom and Change) took hostages.
. Some members of the Sovereignty Council were kidnapped and taken hostage, their whereabouts are unknown.
. They kidnapped a number of Ministers of the Federal Government of the Sudan, and took them hostages to unknown destinations,
. They kidnapped members of the Empowerment Removal Committee, the most important mechanisms of the December 2018 revolution and took them hostages,
. They cut off internet and telecommunications services from all over the Sudan,
. The perpetrators locked the bridges of the Khartoum State,
. The director of the National Radio and Television Corporation was kidnapped and taken hostage.
. The Sudanese people were beaten and abused in the streets while demonstrating and their belongings been looted.
.They badly insulted the revolutionaries' youth and forcibly shaving their hairs,
. The perpetrator force offensively entered the female student’s hostels and boarding’s they beat them and expelled them out.
. They fired and dismissed all managing directors of the public companies and boards of directors, and replaced them by others belong to them,
.They dissolved all the trade unions and steering committees,
.They release the accused detainees wanted for crimes committed before the December 2018 revolution,
. They withdraw the cash reserve money from the Central Bank and placed it at unknown place,
. They fired dismissed 20 Sudanese ambassadors,
. They dismissed the employees of the National Radio and Television Corporation and the director of the Sudan News Agency SONA, and appointed their loyalists,
. They dismissed the banks managers and replaced them with their loyalists,
At the Regional and Global Level:
. The membership of the Republic of the Sudan at the African Union is suspended,
. The coup is strongly condemned by the UN Security Council, America, the Troika, the European Union, etc.
On the economic level:
. The US financial support to the Sudan is suspended, namely the Thamarat Project of (700 million dollars),
. The World Bank and International Monetary Fund loans for Sudan are suspended (2 billion dollars),
. European Union aid to Sudan is halted,
. Damage caused by the coup d’état to theSudan and its people continues.



عناوين الاخبار بسودانيزاونلاين SudaneseOnline اليوم الموافق 11/14/2021

اخبار و بيانات
• مسيرة لندنية هادرة تهز أركان الإنقلاب العميل وسفارات داعميه
• الجبهة الوطنية العريضة تترحم على أرواح شهدائنا الأبرار وتحيي نضالات جماهير شعبنا الأبي التي خرجت في


عناوين المواضيع المنبر العامبسودانيزاونلاين SudaneseOnline اليوم الموافق 11/14/2021

المنبر العام
• اين عمر التاج ؟
• هل هو مجرد انقلاب عسكري ام الموضوع اكبر من ذلك ؟
• هل أساءت أميركا فهم السودان؟ .. مسؤولون سابقون يدعون إلى «مزيد من الحزم والفعل»
• هو الوحيد الذي قام بمخاطبة الثوار يوم أمس.
• المدخل للحــــــــــل..
• ليبراسيون: السودان.. الشارع هو الحصن الأخير للديمقراطية
• الاجتماع الاول للمجلس الانقلابي بكامل عضويته المعلنة
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• يا جماعة هل الخبر دا حقيقى؟
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• ما هي الأسباب والمتسبب في إجهاض الثورة الديسمبرية؟؟
• مريم الصادق المهدى: قتل المتظاهرين سيغير معادلات التعامل بين الشعب والمكون العسكرى (فديو)
• الصراع القطري الامارتي يتخذ من السودان ارضا له
• وداعا مازن عثمان حامد
• لانهم من بدو غلط.. مفصلين"الثورة" على مقاسهم
• السودان تحت الاحتلال
• وقحت
• التوم هجو:الشيوعيين و البعثيين السودانيين هم من قتل الثوار في مليونية الغضب ١٣ نوفمبر ٢٠٢١
• الحب في زمن الجنجويد ..!!
• حيرة الجنرال برهان في سفاهته.. بقلم عمر الحويج
• مالك عقار: الوضع في السودان كارثي والدولة آيلة للإنهيار


عناوين المقالات بسودانيزاونلاينSudaneseOnline اليوم الموافق 11/14/2021

اراء حرة و مقالات
• ويتكلم الرويبضة التوم هجو عن التغرير
• راعي إبل ... حاكم لسودان ما بعد الثورة؟!
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• البرهان.. متاهة الجنرال!
• هل من سبيل الى تحليل الانقلاب ..!
• لا تسبغوا شرعية لكائن من كان من غير انتخابات حرة نزيهة
• لا لقطرة دمٍ سودانية!!!
• لقدام .. الردة مستحيلة:نورالدين مدني
• حربٌ يهوديةٌ مسعورةٌ على المقابرِ والمقاماتِ الإسلاميةِ
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• تايه بين القوم/ الشيخ الحسين/ هذا الشعب لن يهزم
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