General Amnesty Supports Peace and the Restoration of Security Without Sacrificing Rights
The Face of Truth
Ibrahim Shaglawi
Shglawi55@gmail.com
The alignment of the commander of the Rapid Support Forces in the state of Gezira, Sudan, Abu Aqlah Kikel, with the Sudanese Armed Forces has received widespread support from Sudanese people both inside and outside the country. Many considered it as the beginning of the end of the war that ignited in mid-April of the previous year, following a failed coup led by those forces, with encouragement from some regional powers and internal political support from the Forces of Freedom and Change coalition.
The official spokesperson of the Sudanese army, Major General Nabil Abdullah, welcomed the step, describing it as courageous. He affirmed that the doors of the Sudanese Armed Forces are open to anyone who aligns with the nation and its armed forces. He also confirmed in his statement the general amnesty issued by the Chairman of the Sovereign Council, the Commander-in-Chief of the Sudanese Armed Forces, for any rebel who joins the national side. He urged those willing to surrender from the militias to report to the nearest military command in all regions of Sudan.
In light of this statement and the amnesty, a number of observers and opinion leaders suggested that President Abdel Fattah Al-Burhan issue what they called “the last call” initiative for a general amnesty for the armed factions of the Rapid Support Forces. The amnesty would cover all politicians, including those who served as the political and media base for the militias. They suggested that the amnesty be set for a period no less than two weeks and no longer than a month. The amnesty should also be followed by a direct and specific call to the militia leaders who are still alive, such as Qijah, Osman Operatives, and Essam Saleh Fadil, among others. This amnesty would be considered an encouraging step for comprehensive national reconciliation and a means of restoring security and achieving peace.
In my view, this might be a new path that facilitates the achievement of the goals of ending the war and restoring security and peace for the Sudanese people, without incurring great costs. As we know, peace is less costly from all aspects, considering the cost of war and the resolution through military action.
It is important to emphasize that the amnesty for public rights is guaranteed by the authority of the head of state according to the law and the constitution, which grants him the power to drop public rights for any person whenever he deems it to be in the interest of the country and its people. As for private rights, they are guaranteed to any citizen who is a victim, or to their legal heirs, according to the Penal Code. In order not to simplify this matter, a developed opinion from legal scholars is necessary so that we can reconcile between rights and duties, between the harm that affected citizens in their security, wealth, and honor, and the imperatives of ending the war and restoring security and peace for the Sudanese people.
Therefore, we call for a new approach or a legal fatwa that answers the question: Can a citizen who is harmed on a private level (in terms of property and honor) or on a public service level (such as the destruction of a hospital in his area) file a lawsuit against the Rapid Support Forces and their leaders in the concerned area? Some legal experts believe that citizens can use the available community mechanisms to file lawsuits against anyone who undermines national security and the interests of the country and its people. Therefore, we seek a well-organized and swift legal action that ensures no one escapes punishment under any name, alongside restoring security and achieving peace. We also seek legal scholars to work on developing existing laws or enacting special laws and regulations for this period to close the door on political and legal exploitation that the state may face to protect Sudanese lives, in addition to the importance of raising public awareness of their rights, especially when the direct cause of the harm is unknown.
We must also recognize that the Public Prosecutor is the legitimate authority in public rights cases. It is their responsibility to file charges in public rights cases and present evidence and proof of crimes, as the Attorney General is the highest legal authority in the country. This was confirmed by the transitional Sovereign Council member, Engineer Bahr Al-Din Ibrahim Jaber, who stressed the government’s commitment to ensuring that those who violate the rights of the Sudanese people and destabilize the country’s security and stability do not go unpunished, during his meeting yesterday in his office with a delegation from the Youth Peace, Development, and Humanitarian Aid Organization, led by Police General Osman Kabashi, Chairman of the “Mirasid” initiative, which documents violations committed by the Rapid Support Forces.
It is also important to set up effective future legal plans to protect rights and achieve justice through enhancing the role of the judiciary and the Public Prosecutor in providing justice to harmed citizens. We must be cautious and firm in addressing any violations that lead to chaos and destruction, ensuring that the law is applied to everyone, regardless of their positions or influence. We must all unite to empower the law in combating corruption and injustice, and work together to build a state of law that protects citizens’ rights and achieves justice. For this purpose, legal scholars must take responsibility and face the challenge of providing advice and guidance to establish a judicial legal system that suits the post-war period and guarantees the application of justice and the protection of Sudanese citizens’ rights. The Sudanese government, opinion leaders, and media professionals must also work together to raise citizens’ awareness of their rights and duties through various media channels and encourage them to resort to the judiciary if they are subjected to any violations of their rights. The Public Prosecutor must also be present and effective in confronting crimes and achieving justice.
Therefore, it is essential that we remain committed to legal and ethical values, and that we prioritize the interests of the Sudanese people in every decision we make. Thus, the face of truth remains in confirming that justice and integrity are the foundations for building a strong and prosperous state, and they are the guarantees for restoring security and achieving peace. We must all contribute to achieving this goal with sincerity and diligence, without the influence of political parties or negative public opinion that might support any side based on political conflict or partisan competition. This ensures that the general amnesty issued by the head of state supports peace and the restoration of security without infringing upon the rights of the people to seek justice and remove injustice.
Wishing you well and good health.