Monday, January 14, 2013

Court acquits Al-Midan daily, closes case

Madiha & Hussein
The Khartoum-North District Court has ruled in a case filed by the National Intelligence and Security Service (NISS) against the editor-in-chief of Al-Midan Arabic newspaper, Madiha Abdullah and journalist Hussein Sa’ad, centering on an article written by the latter and published by the paper on the anniversary of the departure of the SPLM leader, Yousif Kuwa. The NISS accused the journalist and the paper of inciting violence against the state, and fomenting hatred and sedition among sects and ethnic groups.

The court acquitted both defendants yesterday. Judge Ismat Suleiman, who presided over the case, explained that the journalist “The author of the article” enjoyed "immunity", pointing out that the journalist was exercising his natural and constitutional right to freedom of expression and comment on current events within the bounds of the law. "These rights are guaranteed by the constitution" he added following the verdict.

On his part, defense lawyer for the accused, Nabil Adib said that his legal arguments were based on legal precedents, pointing out that the article had nothing to do with the charges brought by the NISS against the defendants, which were based on articles 24 and 26 of the Press and Publications Law and articles 63 and 64 of the 1991 Sudan Penal Code.

“In seeking to suppress freedoms of expressions, the NISS did not wish to start an open debate on the press”, Adib said adding that the NISS presented their legal arguments to the court and the judge had the final word.

The court hearing was attended by a number of journalists and activists.

The NISS has filed many cases against the same paper, all involving national security, and the paper has been banned since last May.

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