Sudan: Experts - Declaration of Exceptional State of Emergency Constitutional Right of Executive

Khartoum — Legal experts have affirmed that declaration of exceptional state of emergency is a constitutional right of the executive authority to protect the citizens from dangers, saying that the emergency order shall be for a specific period of time that can be renewable whenever necessary.

International law expert Zohal Al-Amin said that declaring an exceptional state of emergency is a constitutional right for the president of the executive authority in order to ensure health and safety of citizens.

She added in a statement to SUNA that all constitutions stipulate the right of the executive authority to declare a state of emergency as an exceptional measure even without referring to the legislature (parliament) in the event that the situation threatens the safety of the citizens, provided that the legislature is to be informed later on the reasons for the declaration.

She explained that the Constitutional Document gives the president of the executive authority the right to declare state of emergency, provided that it is determined by a specific deadline.

On his part, legal expert and Director of Khartoum International Center for Human Rights Dr. Ahmed Al-Mufti affirmed that the declaration of a state of health emergency to ward off coronavirus disease have undisputed constitutional justifications, meaning that the government has the right to declare a state of health emergency and curfew due to the pandemic.

Dr. Al Mufti said that implementation of the health emergency order on the ground should take into account a number of procedures regarding public benefit institutions for the citizens and achieve health goals without harming the citizen.

For her part, head of the National Commission for Human Rights Hon. Hurriyah Ismail said that the government may impose a state of health emergency and a curfew to prevent spread of coronavirus disease, given that human life is endangered and that a person has the right to life and health.

She added in a statement to SUNA that the measures taken to avoid infection with coronavirus disease are obligatory according to human right laws and regional and international standards, given that human life and health are a precursor to all other life activities.

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