Full Details of the General Intelligence Service (Amendment) Act, 2024
Port Sudan
Chairman of the Sovereignty Council, Lieutenant General Abdel Fattah Al-Burhan Abdel Rahman, signed, with his pen as a witness, the General Intelligence Service (Amendment) Law of 2024, in accordance with the provisions of the constitutional document for the transition period. of 2019, after its approval by the Sovereignty Council and the Council of Ministers at the joint meeting.
As an interesting generalization, the Al-Sudani newspaper publishes the full text of the amendment to the law:
Name of the law and its entry into force
1. This law shall be called the General Intelligence Service (Amendment) Act, 2024 and shall come into force from the date of its signing.
amendment
2. The General Intelligence Service Act of 2010 is amended as follows:
a) In Article 5:
(First) The following new interpretations will be added:
“The competent prosecutor”: designates the prosecutor designated by the public prosecutor to carry out the missions entrusted to him under this law.
“Collaborator”: designates the person used in the system as a source of information collection.
(Second) The word “Council” and the expressions “Technical Committee and Safety Committee” as well as the corresponding explanation are deleted.
b) Articles 7 to 23 are deleted in their entirety and the numbering is renumbered accordingly.
(c) In Article 24:
At the end of paragraph (e), the following new sentence should be added:
“Human trafficking and crimes agreed to be criminalized internationally. »
….
d) Article 25 is repealed and replaced by the following new article:
Device authorities
25 – Having regard to the Bill of Rights contained in the Constitutional Document of 2019, the agency exercises the following powers in accordance with the provisions of this Act.
(a) Request information, data, documents or things from any person, inspect them, store them or take any action it deems necessary or necessary with respect to them.
(b) Summon people, question them and take their statements in accordance with the law.
(c) Monitoring, investigation and inspection pursuant to an order issued by the competent prosecutor.
d) Seizure of funds in accordance with law.
(e) Arrest persons in accordance with Article (50).
(e) In section 28, clause (1) shall be repealed and replaced by the following new clause (1):
(1) The President of the Sovereignty Council appoints a Deputy Director on the recommendation of the Director and determines his attributions and privileges.
f) Section 29 is repealed.
(g) In section 37, clause (1) shall be repealed and replaced by the following new clause (1):
(1) “The Director may employ any person as a collaborator within the agency, and his functions are limited to a source of information collection and in accordance with the regulations issued under the provisions of this Act. »
h) Article 50 is repealed and replaced by the following new article:
Powers and powers of the director
50. (1) The director exercises the following powers:
(a) Any of the powers stipulated in the provisions of Article 25.
b) Inspection after obtaining an order from the competent prosecutor.
(c) The powers of police officers set out in the Sudan Police Act and the Criminal Procedure Act 1991.
(d) The director may issue an order for the arrest of the suspect for a period not exceeding thirty days for the purpose of investigation and investigation.
(e) If it becomes clear to the director that the person remaining in custody is necessary to complete the investigation and investigation because the charge is related to that which threatens the security and safety of the citizen and intimidates society by through armed robbery, religious or racist conflicts. , terrorism, threats to peace, the practice of political violence or espionage against the nation, he must report them. The Council may extend the detention period for one or more periods not exceeding three months.
f) Taking into account the cases referred to in paragraphs d) e), the agency must, if the initial environment is available, inform the competent prosecutor and hand over the suspect as well as all the documents and their annexes to be completed. legal proceedings. In the absence of preliminary evidence, the agency must release the suspect immediately.
(2) For purposes of this section, the agency shall have regard to the Bill of Rights contained in the 2019 Constitutional Document.
(i) Section 51 is repealed and replaced by the following new section:
Prisoner's rights
51 (1) When arrested, a person must be informed of the reasons for the arrest.
(2) The detained person has the right to inform his family or the entity to which he belongs of his arrest and he is authorized to contact his family or lawyer if this does not harm the investigation.
(3) The detainee must be treated in a manner that preserves human dignity and must not be harmed physically or mentally. The regulations regulate how secure deposits are held and delivered.
(4) The detainee has the right to obtain additional food, cultural materials, clothing and health supplies at his own expense, taking into account the conditions related to security and order in detention centers . (5) Female detainees may only be detained in women-only detention centers and must be treated in a manner consistent with their status as women.
(6) The detainee's family is allowed to visit him in accordance with the regulations in force.
(7) The detained person has the right to medical care.
(j) After section 51, the following new section 51A is added:
Inspection of places of detention
51 A (1) The competent prosecutor may regularly inspect detention centers to ensure that detention controls are respected, receive any complaints from detainees and submit a report thereon to the public prosecutor for action. as it deems appropriate in accordance with the law.
(2) The regulations regulate the conditions that must be met in detention centers and all procedures and matters that guarantee the preservation of the dignity of the detainee.
k) Section 52 is repealed and replaced by the following new section:
Limb Immunities
52 (1) Any act committed in good faith by a member of the agency during or by reason of the exercise of his functions, or the exercise of any function imposed on him, or any act issued by him in under any authority authorized or granted to him under this Act, or any other applicable law or regulation, or orders issued under any of them, provided that the act is within the limits actions and duties imposed on him pursuant to the authority conferred on him under this Act, and that the act or omission was not committed in bad faith or negligence.
(2) No member may be compelled to provide information relating to the nature of the work of the agency, its activities or any actions it may have performed in the exercise of its functions, except by court decision.
(3) Without prejudice to the provisions of this Act, and without prejudice to any right to compensation against the agency, no civil or criminal proceedings may be taken against the member except with the agreement of the director, and the director must to agree. whenever it becomes clear that the subject of responsibility is not related to official work.
(4) Any trial in an ordinary court of a member during or after his service for any act committed by him in connection with his official work shall be confidential, unless the court orders otherwise.
l) Article 53 is repealed and replaced by the following new article:
Prohibit the seizure of the agency's real estate, money and furniture
53. It is not permitted to impose a seizure on the real estate, money or furniture of the agency, except by virtue of a final judicial decision.
(M) In section 54, clause (1) shall be repealed and replaced by the following new clause (1):
(1) If a member commits a crime in violation of the provisions of this Law and the crime committed constitutes a crime in accordance with the provisions of the applicable criminal law, such member shall be punished in accordance with the provisions of this Law. , and the director must refer him to the criminal court as necessary on the basis of a request from the competent court.
(n) In section 76, paragraph (C) of clause (1) shall be deleted and replaced by paragraph (C).
The following new features:
c) In the case of crimes punishable by the death penalty, the court is constituted by order of the Director after approval of the President of the Transitional Sovereignty Council.
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