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Sudan has an authoritarian government in which all effective political power was in the hands of President Omar Hassan al-Bashir. Bashir and his party have controlled the Government since he led a 1989 military coup, with the instigation and support of the fundamentalist National Islamic front (NIF). In 1999, Bashir broke with the ideological leader of the NIF, Hassan al-Turabi, disbanded Parliament, suspended parts of the 1998 presidentially decreed Constitution, and declared a state of national emergency that abrogated basic liberties; in December, the state of emergency was extended for another year. In 2000, Bashir was reelected and his political party, the National Congress/National Islamic Front (NC/NIF), won 340 out of 360 seats in the Parliament in deeply flawed presidential and parliamentary elections that all major opposition parties boycotted. Turabi's popular National Congress Party (PNC) was disestablished and continued to be a proscribed political organization. NC/NIF members and supporters continued to hold key positions in the Government, security forces, judiciary, academic institutions, trade unions, professional associations, and the media. [source: US Department of State]
Law, Courts & Judgments
The President appoints the Constitutional Court's seven members. The judicial system includes four types of courts: Regular courts; military courts; special courts; and tribal courts. Tribal courts were in place in rural areas to resolve disputes over land and water rights, and family matters. Within the regular court system, there are civil and criminal courts, appeals courts, and the Supreme Court. Special Security Courts were abolished during the year; however, the Government created Special Courts in Darfur under the state of emergency to try crimes against the state. The Criminal Act governs criminal cases, and the Civil Transactions Act applies in most civil cases. Shari'a is applied in the north. Courts did not apply Shari'a formally in the south. Public order cases were heard in criminal courts.
The Special Courts Act created special three-person security courts to deal with a wide range of offenses, including violations of constitutional decrees, emergency regulations, some sections of the Penal Code, as well as drug and currency offenses. Special courts, composed primarily of civilian judges, handled most security-related cases. Attorneys could advise defendants as "friends of the court" but normally could not address the court.
Emergency tribunals, composed primarily of military judges, continued to try "banditry" cases in the western part of the country. Defendants were not permitted access to legal representation. [source: US Department of State]
Human Rights
The Sudanese Government's human rights record remained extremely poor in 2003, and although there were improvements in some areas, numerous, serious abuses remained. Citizens did not have the ability to change their government peacefully. Security forces and associated militias were responsible for extrajudicial killings and disappearances. Security forces regularly beat, harassed, arbitrarily arrested, and detained incommunicado opponents or suspected opponents of the Government, and there were reports of torture. Security forces and associated militias beat refugees, raped women abducted during raids, and harassed and detained persons. Government security forces and pro-government militias acted with impunity. The Civilian Protection Monitoring Team (CPMT), created by agreement between the two parties subsequent to the Machakos Protocol, and the Joint Military Commission operating in the Nuba Mountains, had some success in monitoring and curbing serious abuses during the year. Government and government-supported militia committed serious abuses in response to rebel attacks in the Darfur region during the year, including razing numerous villages. As a result, as many as 3,000 unarmed civilians were killed, more than 600,000 civilians were internally displaced, and an estimated 100,000 refugees fled to neighboring Chad by year's end.
Prison conditions remained harsh and life threatening, and prolonged detention was a problem. The authorities did not ensure due process in civilian or military courts. The Government continued to infringe on citizens' privacy rights. The Government still did not fully apply the laws of war to the southern insurgency, has taken few prisoners of war (POWs), and did not cooperate with the International Committee of the Red Cross (ICRC) regarding access to or treatment of POWs. Cooperation with U.N.-sponsored relief operations generally was poor, although there was some improvement. Humanitarian relief flights had significantly improved access throughout the south during the year; however, government forces continued to obstruct the flow of humanitarian assistance, particularly to the Darfur region. Restrictions on press freedom under the National Security Emergency decree increased as the Government suspended publications and closed newspapers during the year. The Government frequently arrested editors and journalists who criticized or disagreed with government policy. The Government continued to severely restrict the freedoms of speech, assembly, association, religion, and movement, and arrested and harassed those who exercised these rights. The Government continued the Islamization and Arabization of the country, and there were credible allegations of forced Islamization of non-Muslims. Local human rights nongovernmental organizations (NGOs) were routinely harassed and arrested. Violence and discrimination against women and abuse of children remained problems. Female genital mutilation (FGM) remained widespread. Discrimination and violence against religious and ethnic minorities and government restrictions on worker rights persisted. Security forces and associated militias were responsible for forced labor (including forced child labor), the abduction of women and children, and the forced military conscription of underage young men. Child labor was widespread. Slavery and trafficking in persons remained significant problems.
Antigovernment insurgent groups and associated militia forces also continued to commit numerous, serious abuses. There were reports of SPLM/A violations of citizens' rights. During the year, the SPLM/A was responsible for killings, beatings, rape, arbitrary detention, and forced military conscription of underage young men. The SPLM/A continued to manipulate humanitarian assistance for military advantage. [source: US Department of State]
Legal Profession
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