Adib: Resolution (363) Provides a Procedural Guarantee

Khartoum – Sudanhorizon

Sudanese Legal expert Nabil Adib, a member of the committee tasked with preparing for the Sudanese dialogue, has stated that Transitional Sovereign Council Resolution No. (363) of 2026—which concerns the dismissal of criminal cases against Sudanese nationals residing abroad who return home to participate in the intra-Sudanese dialogue—provides a procedural guarantee for participants. However, he noted that it does not affect the underlying legal merits of the cases themselves.

In a press statement on Sunday, Adib explained that the resolution, signed by the Chairman of the Transitional Sovereign Council, General Abdel Fattah al-Burhan, on August 31, aims to drop charges in cases where the state is the complainant. He distinguished this measure from the authority of the Public Prosecutor to halt criminal proceedings under Article (58) of the 1991 Criminal Procedure Act.

He pointed out that the Public Prosecutor’s authority under the aforementioned article applies to the period following the conclusion of investigations but prior to the issuance of a verdict—a process distinct from the measure established by this resolution for the cases it covers.

Regarding the distinction between the dismissal of a case and a dropping of a charge, Adib clarified that the procedural immunity granted by the resolution is limited to a specific timeframe: beginning when an individual enters Sudan for the purpose of participating in the dialogue, and continuing until the dialogue concludes and the individual departs the country. It was emphasized that this protection is not indefinite and does not prejudice the underlying legal rights of the individuals concerned. It serves as a safeguard for participants against ongoing legal proceedings, provided that such proceedings are linked to political views expressed as part of their opposition to the incumbent authority.

The decision stipulates the dismissal of cases filed by state authorities against Sudanese nationals residing abroad who enter the country to participate in the dialogue, specifically those involving accusations based on actions or statements that constitute political opinions. It also mandates the dropping of the charges associated with these cases.

Furthermore, the decision prohibits the initiation of criminal proceedings based on opinions expressed during the dialogue, provided that such opinions are directly or indirectly related to the topics under discussion.

The decision grants participants temporary procedural immunity, effective from the date of their entry into the country and extending until a point in time—determined by the Transitional Sovereign Council—that precedes the conclusion of the dialogue by a sufficient margin. It also tasks judicial, police, security, and other relevant authorities with taking the necessary steps to implement these provisions.

This decision is part of broader arrangements intended to foster a conducive environment for the Sudanese-Sudanese dialogue, amid efforts to encourage Sudanese living abroad to return and engage in discussions regarding the nation’s affairs. The scope of the protection provided is defined by the specific cases and charges covered under the decision, as well as the nature of the actions and opinions to which it applies.

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