Rasha Hassan: Sudan Article 159 Detention for Sharing School Fees Report

• Sudanese journalist Rasha Hassan was detained in El Qatina, Sudan, following a complaint from a school administration.
• Her detention was initiated under Article 159 after she shared an El Rakoba report on Facebook.
• The report detailed students being barred from examinations over unpaid fees, despite Ministry of Education directives prohibiting such exclusions.
• A specific school in El Qatina allegedly expelled students for failing to pay SDG 80,000, which exceeded the official SDG 60,000 exam fee.
• This incident raises significant concerns about freedom of expression for journalists and individuals sharing information online in Sudan.

This case serves as a stark reminder for legal practitioners advising media organizations or individuals disseminating information online in Sudan.

Sudanese journalist Rasha Hassan was recently taken into custody by police in El Qatina, located in Sudan's White Nile state. Her detention followed a formal complaint lodged by a local school administration. The complaint stemmed from Hassan's act of sharing a report on Facebook that detailed instances of students being denied access to examinations due to their families' inability to pay school fees. This incident underscores the precarious environment for media professionals and online content sharers in the region.

Hassan received a telephone summons to the El Qatina police station, where she was subsequently detained. The charges against her were filed under Article 159 of Sudanese law, initiated by the school administration. The report she disseminated had originally been published by the El Rakoba website, bringing to light alleged violations of educational directives concerning student exclusion.

The report, which El Rakoba published on August 19, focused on grievances from parents in El Qatina. These parents claimed their children were barred from sitting for examinations because school fees had not been settled. This practice reportedly occurred despite clear directives from the Ministry of Education explicitly prohibiting schools from excluding pupils on the basis of unpaid fees. The ministry had consistently stated that no student should be denied education due to non-payment and had forbidden school administrations from implementing such measures.

One specific account cited in the El Rakoba report involved a parent from block 4 in El Qatina, who stated that his son and several other students had been expelled from a school. The reason given was the families' inability to afford a sum of SDG 80,000. While the school administration asserted this amount covered both primary school certificate examination fees and a mandatory camp, the officially prescribed examination fee was noted to be SDG 60,000. According to El Rakoba's findings, some educational institutions in El Qatina continued to enforce exclusions for students whose families could not meet fee demands, directly contradicting the Ministry of Education's public pronouncements.

The detention of Rasha Hassan under Article 159 of Sudanese law for sharing information highlights significant concerns regarding freedom of expression for journalists and online users in Sudan. This legal provision was invoked against a journalist who merely reposted a report concerning alleged non-compliance with official government directives. The Ministry of Education had issued explicit instructions against preventing students from taking exams due to unpaid fees, yet the report Hassan shared detailed schools reportedly violating these very policies.

This case serves as a stark reminder for legal practitioners advising media organizations or individuals disseminating information online in Sudan. The potential for detention under Article 159 exists even when sharing reports that concern alleged violations of official directives by institutions. It underscores the legal risks associated with freedom of expression and the critical need for careful assessment of potential exposure when reposting content within the Sudanese context.

Lawyers advising media organizations or individuals disseminating information online in Sudan should note the potential for detention under Article 159 for sharing reports, even when those reports concern alleged violations of official directives by institutions. This case highlights the legal risks associated with freedom of expression and the need for careful assessment of potential exposure when reposting content in the Sudanese context.

Source: Reporting based on an initial news account.