Sudan: Women Collaboration Charges Definition Under Review

• Salimi Ishaq Sharif, head of Sudan’s Women and Child Advisory Council, stated that accusations of ‘collaboration’ against detained women lack clear definition and specific criteria, especially in wartime.
• The head of the Sovereignty Council has ordered a review of the legal status of detained women, potentially leading to some releases.
• Human Rights Watch reports document death sentences for women under Article 50 for undermining constitutional order, following collaboration allegations with the RSF, with confessions sometimes extracted under pressure.
• Omdurman prison holds many women on collaboration and espionage charges, facing issues like overcrowding, inadequate sanitation, and non-implementation of alternatives to imprisonment for mothers.
• Ms. Sharif advocates for a different approach to collaboration allegations, recognizing that civilians, particularly women, may be forced to comply with armed groups to protect their families.

The fundamental challenge, she explained, stems from the absence of a precise definition for the collaboration charge, especially under the duress of wartime.

The head of Sudan’s Women and Child Advisory Council, Salimi Ishaq Sharif, has highlighted a critical issue concerning women detained in Sudan: the accusations of ‘collaboration’ brought against them lack a clear definition and specific criteria. This ambiguity leaves the charge open to broad interpretation, a problem exacerbated by the ongoing wartime conditions. Ms. Sharif, speaking to Radio Dabanga, revealed that the head of the Sovereignty Council has initiated a review of the legal status of these detained women, a step that could potentially lead to the release of some individuals.

Ms. Sharif underscored the necessity of evaluating ‘collaboration’ allegations within the specific context of the conflict. She pointed out that women, in particular, might be compelled to engage with armed groups as a means of safeguarding themselves or their families. The fundamental challenge, she explained, stems from the absence of a precise definition for the collaboration charge, especially under the duress of wartime. Civilians often find themselves without the capacity or the option to decline demands made by armed forces controlling their residential areas, primarily due to fear and a lack of viable alternatives.

Furthermore, Ms. Sharif cautioned that some complaints could originate from malicious intent or existing community disputes, necessitating a more thorough examination and investigation of such claims. This complex situation, where the definition of wartime collaboration in Sudan remains ill-defined, places women in a precarious position, making it difficult to discern legitimate accusations from those driven by ulterior motives. The ongoing review by the Sudan Sovereignty Council is therefore crucial for addressing these systemic issues.

The lack of a precise definition for collaboration charges has significant implications for the legal framework and the conditions faced by detainees. Human Rights Watch reports have documented instances where women received death sentences under criminal provisions related to undermining the constitutional order, including Article 50, following allegations of collaboration with the Rapid Support Forces (RSF). These reports also indicate that confessions were sometimes extracted under duress, raising serious concerns about due process and justice.

Large numbers of women are currently being held or undergoing trial at Omdurman prison on charges of alleged collaboration and espionage. Despite official directives and calls for the release of some detainees, many individuals accused in these cases remain incarcerated or continue to face judicial proceedings. Beyond Omdurman, women and activists have also been detained in Korya prison, located in areas under RSF control, particularly Nyala in South Darfur. Reports from Korya prison describe difficult humanitarian conditions, with allegations against detainees including espionage and refusal to comply with RSF forces. However, comprehensive information regarding conditions in RSF-controlled territories is limited due to challenges in documentation.

Conditions within the prison system, particularly at Omdurman prison, present additional challenges for detained women. While health services, including a dental clinic and medical screening, are available, Ms. Sharif observed that some women are pregnant, and others are suffering from malaria. Broader infrastructure issues persist, encompassing overcrowding, inadequate sanitation, and ageing buildings, which continue to plague certain correctional facilities, Omdurman prison among them.

Legal services are accessible to detainees, with lawyers and a dedicated legal justice office operating within the prison to manage cases and appeals. However, Ms. Sharif emphasized the need to activate existing provisions that allow for alternatives to imprisonment, especially for pregnant women, mothers with children, and those involved in minor cases or misdemeanours. Although these measures have been in place since 2020, their implementation has been insufficient. Furthermore, the considerable distance to Omdurman prison complicates family visits and maintaining contact with detainees, a problem compounded by the fact that some women lack access to telephones.

In light of these complex issues, Salimi Ishaq Sharif has advocated for a fundamentally different approach to allegations of collaboration against women, particularly within the context of the ongoing conflict. She argues that the pervasive presence of weapons severely restricts the ability of civilians to refuse demands made by armed groups. Women, in such circumstances, may be compelled to comply with certain requests solely to ensure the safety and protection of themselves, their children, and their wider families.

Ms. Sharif's call for continued advocacy and pressure aims to secure a comprehensive review of the cases involving detained women. The ongoing review by the Sovereignty Council, prompted by her concerns, represents a crucial opportunity to address the lack of a clear definition for Sudan women collaboration charges definition and to ensure that justice is administered with a full understanding of the wartime realities and the unique vulnerabilities faced by women. This reassessment is vital for upholding human rights and ensuring equitable treatment under the law.

Lawyers advising clients in Sudan, particularly women accused of collaboration or espionage, should closely monitor the ongoing review by the Sovereignty Council for potential changes in legal definitions and enforcement practices. This development may create opportunities to challenge ambiguous charges or advocate for alternative sentencing, especially given the wartime context and documented vulnerabilities.

Source: Original reporting via Radio Dabanga