The arbitrary arrest and detention of Sudanese lawyer Montaser Abdullah

On 7 September 2024, Mr. Abdullah was reportedly abducted from his office in the middle of the day, and subsequently detained incommunicado until 3 October 2024 by the Sudanese Armed Forces. It has been reported that Mr. Abdullah has been a victim of gross mistreatment during his detention, having repeatedly been beaten and showing physical signs of abuse. He is currently being kept in the most secured section of Port Sudan prison, without an official charge filed against him.

Since the beginning of the war in Sudan in 2023, lawyers have been amongst those most targeted by both the Rapid Support Forces (SF) and Armed Forces (SAF) in light of the role they previously played in the reconciliation and rebuilding of Sudan. Such attacks have taken the form of enforced disappearances, torture, incommunicado detentions, arbitrary killings, life imprisonment sentences and the death penalty.

In light of these offences, the undersigned organisations urge the Sudanese authorities to adhere to international legal obligations, in particular the UN Commission on Human Rights Resolution 2003/32, stating that incommunicado detention constitutes a form of cruel, inhuman or degrading treatment and possible torture. In general, the prohibition of torture and any inhumane or degrading treatment is found in the Convention against Torture, the International Covenant on Civil and Political Rights, and the African Charter of People’s Rights, all of which were ratified by Sudan prior to these events.

We further wish to draw attention to the specific provisions concerning the protection of lawyers:

• The Sudanese Advocate Law (1983), article 48, stating that for a lawyer to be arrested, their immunity must first be revoked.
• Article 16 of the UN Basic Principles on the Role of Lawyers (UN Basic Principles), stating that Governments shall ensure that (a) lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or proper interference; […] and (c) shall not suffer, or be threatened with prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.
• Article 23 of the UN Basic Principles stating that lawyers, like all other citizens, are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights (…).

In view of the above, the undersigned organisations call on Sudanese authorities to:

• Ensure the immediate and unconditional release of Mr. Abdullah, and any other lawyers who are arbitrarily detained or have been prosecuted solely for carrying out their legitimate professional duties as lawyers
• Immediately end torture and other inhumane and degrading treatment and ensure that perpetrators are brought to justice, in trials conforming with international law
• Ensure access to justice and due process for all persons accused of criminal offences
• Immediately end the practice of enforced disappearance and ensure that perpetrators are brought to justice, in trials conforming with international law
• Ensure that sufficient safeguards are in place, both in law and in practice, to guarantee the full independence and safety of lawyers and their effective protection against any form of retaliation in connection with their professional activities
• Refrain from any actions that may constitute harassment, persecution or undue interference in the work of lawyers, including their arrest or criminal prosecution on improper grounds.

We will continue to follow the situation of Mr. Abdullah closely. The full statement can be found here.