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Draft of Internal Security Act: Pros and Cons

Al-Sammani Awadallah

A wave of anger and mixed reactions overwhelmed the arena towards the draft of the Internal Security Act.

The lawyers’ alliance expressed concern over the draft law which the ministry of justice will forward to the Sovereign Council and Council of Ministers for endorsement.

The alliance considered the law as violating the constitutional document, besides it breaching the rights and freedoms which were the demands of the revolutionists.

The alliance affirmed that the proposed draft act violates the slogans and ethics of the revolution, considering that the act gave the director of the internal security authority judicial powers, as per Article 11 of the proposed act.

These powers include arrest, detention, inspection, investigation and summoning, and monitoring. This is besides detaining for 48 hours for investigation purposes.

The proposed act gave powers to the President of the Sovereign Council to delegate intelligence officers to the internal security authority, along with granting the proposed authority broad immunities, special courts and the power to withdraw cases from the regular courts.

The alliance argues that the existence of arrest, detention and inspection powers on the hand of the internal security authority will not guarantee the legal protection rights and freedoms, and it could be exploited as there is no monitoring body.

This represents retract from the goals of the revolution.

The powers of detention and inspection are vested in the Attorney General according to the criminal procedures act (1991) which guarantees effectiveness and monitoring by the judiciary.

The National Alliance of Lawyers announced its rejection of the acts endorsed by the Sovereign Council and Council of Ministers, describing them as unconstitutional.

Besides their violations of the constitutional document and contravention to the principle of separating of authorities, these acts have failed to express the will of the people represented by the Legislative Council.

Thoughts on the Matter

The SPLM-N and the Democratic Union Alliance also announced their rejection to the powers of detention stipulated in the draft.

The deputy chief of the SPLM-N, Yassir Arman, said that all of us should resist granting the internal security authority broad powers in arresting, investigating and detaining.

He described the draft act as similar to the act which was enforced during the ousted regime years, adding that if you read the proposed act you will think that Al-Bashir wrote it from his prison to suppress opponents.

The political bureau of the Sudanese Communist Party (SCP) discussed the draft act and considered it as one of the conspiracy circles against the revolution forces to abort all the gains of December glorious revolution.

The political bureau of the SCP said that the endorsement of such draft laws are contrary to the interests of the people especially those related to the constitutional conference.

The bureau went on to affirm that the Minister of Justice, Nasr Addeen Abdul Bari, played an essential role in drafting the acts that aim at aborting the goals of the revolution.

The SCP called on the people represented by the resistance committees, Sudanese Professionals Association, civil society organizations and all national forces, to stand against the proposed act, considering it a step towards dictatorship, besides its proving that the transitional government is insisting on establishing a totalitarian regime that serves the interests of the enemies of the revolution internally and externally.

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