Sudan: Trials of NISS, Police Accused of Killing Protesters Adjourned

27 March 2023

Khartoum / Wad Medani — The defence team in the trial of the former National Intelligence and Security Service (NISS)* agents accused of the January 24, 2019 killing of student Mahjoub El Taj Mahjoub, has been given a final two weeks in which to present witnesses, who lawyers say are reluctant or fearful to appear. The trial of the police assistant, accused of killing Muhammad Faisal during protests in Wad Medani last year, was adjourned until next Sunday, after the defence lawyer submitted a request to the court to review the file and meet the accused.

The defence team in the trial of the former National Intelligence and Security Service (NISS)* agents accused of the January 24, 2019 killing of student Mahjoub El Taj Mahjoub, has been given a final two weeks in which to present witnesses, who lawyers say are reluctant or fearful to appear.

It is alleged that Mahjoub died as a result of assault and torture in detention, following protests by students against the now deposed Al Bashir regime, for the right to peaceful freedom of expression.

In its session on Sunday at the El Diyum Courts Complex, General Court Judge Maulana Osman Abdelgadir gave the defence of the eighth defendant a period of two weeks-period to present his defence witnesses.

The defence team had indicated at the beginning of the session that two defence witnesses refused to attend, fearing they would be charged under Article (130) premeditated murder and Article (121) criminal complicity. This was especially since the indictment committee had previously submitted a request on one of the witnesses to turn him into a defendant because he admitted that he was a member of the joint security teams that raided El Razi University on the day of the incident.

Maulana Osman Abdeladir gave the defence team of the eighth accused a last opportunity to bring his defence witnesses.

The official Sudan News Agency (SUNA) reports that that nine members of the operations unit had been charged by the court with premeditated murder and criminal participation, while two others were released due to lack of evidence.

As reported by Radio Dabanga at the time, Mahjoub was a second year student at the Faculty of Medicine of El Razi University. He died after allegedly being subjected to torture in a detention centre of NISS. The student protests were part of a larger uprising across Sudan during the final months of the Al Bashir regime, that ultimately escalated into the overthrow of Al Bashir in April 2019.

Speaking to SUNA before the start of the trial, the slain student's mother expressed confidence in the court, and the judges. She said that "Mahjoub's relatives and "the revolutionaries have eagerly awaited the trial to see his killers brought to justice".

Wad Medani

The trial of the police assistant, accused of killing Muhammad Faisal during protests in Wad Medani last year, was adjourned until next Sunday, after the defence lawyer submitted a request to the court to review the file and meet the accused.

The court approved the request of the defence team in Sunday's session, which was held in a civil criminal court, presided over by Maulana El Sadig Othman Ali, in the trial of the accused of killing Mohammed Faisal Sharia in Case No. 1670 of 2022.

The complainant in the case is the mother of the deceased, and the accused is a police assistant, names only as A- M. It is alleged that the deceased, Muhammad Faisal Sharia, was shot and wounded in the neck.

The court has set the further sessions to be held on Sunday of every week.

* The National Intelligence and Security Service (NISS) was one of the most infamous and feared organs of the Al Bashir dictatorship, that acted ruthlessly against any political dissent. The NISS was officially disbanded in July 2019 by constitutional decree "restructuring the security apparatus, to cope with the political change in the country". The decree amended several articles of the National Security Act of 2010, in order to restructure the NISS, to adjust its competences, and to change its name to the General Intelligence Service (GIS). The new intelligence service is no longer authorised to detain people or carry out search operations.

In September 2019, the Public Prosecutor in Omdurman issued an arrest warrant for former NISS chief Salah Abdallah, aka Salah Gosh, on charges of first degree murder. Gosh resigned as director-general of the NISS in April 2019, shortly after the overthrow of the Al Bashir regime, and was placed under house arrest, Gosh is believed to have fled the country and is still at large.

In October 2019, Attorney General Tajelsir El Hibir took measures to lift the immunity of NISS members, allowing them to face charges from the Public Prosecution.

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