A Sudanese court ordered the public prosecution to file a criminal suit against the director of Kober prison for refusing to implement its decision to transfer a protester from solitary to group confinement.
Last week, the trial of Mohamed Adam, also known as Tupac, and three other men, accused of killing a police officer during demonstrations in January, was adjourned because Adam showed serious signs of beating.
Judge Zuhair Babiker Abdel Razek explained on Sunday that court issued on Nov. 14 a decision to transfer Tupac from his solitary confinement to a regular prison cell with the rest of the defendants.
He added that Tupac was brought to court in handcuffs, the keys of which were left in the prison. He appeared to be beaten and injured. The court had previously stated that no suspect should be brought in in handcuffs.
Abdel Razek said the prison administration failed to comply with the court’s decisions, thus violating the law.
In light of the aforementioned circumstances, the judge said the court was also concerned over Tupac’s safety.
A decision was issued to file a criminal case under Article 90 of the 1991 Sudanese Criminal Code against the director of the prison, Police Major General Al-Tayeb Ahmed Omar, to transfer the accused to another prison, Abdel Razek said.
Lawyer Moez Hazrat said the decision restored the judiciary’s authority and sent a clear message to the police that they must respect the rule of law.
He called on the public prosecution to implement the decision and file a criminal suit against Omar.
“Filing this suit does not require lifting immunity and the approval of the Director General of Police because the crime was carried out deliberately despite the judge's orders,” Hazrat stressed.
