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Former Sudanese leader Omar al-Bashir is on trial and faces the death penalty for his central role in a military coup that led to his ascent to power in 1989, when he overthrew the democratically elected Prime Minister, Sadek al-Mahdi. The coup precipitated his thirty-year rule, until he was ousted through civilian protests in 2019.

Moaz Hadra, a lawyer involved in trial, said, “This trial will be a warning to anyone who tries to destroy the constitutional system.” He added, “This will safeguard Sudanese democracy. In this way, we hope to bring an end to the era of putsches in Sudan.” Hadra proclaims that “this is the first time someone who launched a coup [in Sudan] will be brought to justice” in a country that has witnessed three military coups since it gained independence in 1956.

The defence lawyers, however, disagree with this notion of justice and reconciliation. Hasem al-Gali, one of the 150 defence lawyers, have decried what they describe as a “political trial” in this “hostile environment”, arguing that it is “aimed at the Islamic movement and its sole purpose is to present it as a terrorist movement”. Regardless of the validity of the charges, the defence argues that the statute of limitations for the crimes Bashir and his accomplices are accused of has elapsed.

Bashir will stand trial along with 16 alleged accomplices, including ten military personnel and six civilians. Among the civilians are former vice presidents Ali Osman Taha and Bakri Hassan Saleh, and former ministers and governors. They have all been charged under Chapter 96 of Sudan’s 1983 Penal Code, which charges those who attempt to “destroy constitutional order”―a crime that is punishable by death. In total, there are 27 other co-accused parties.

On 30 June, 1989, the Sudanese army arrested several democratically-elected leaders and announced their capture of power by suspending multiple state institutions, including the parliament, and closing the airport. They targeted the Christian and animist south for their religious differences, and punished the Muslim north for not falling in line with their vision of radical Islam. In fact, under Bashir’s rule, Sudan hosted former al-Qaeda leader Osama bin Laden for several years, before finally ordering him to leave in 1996 under severe American pressure. The movement is widely believed to have been led by Islamist ‘ideologue’ Hassan al-Turabi, the leader of the National Islamic Front; however, he died in 2016.

Bashir has previously been indicted by the International Criminal Court (ICC) for up to ten charges—including genocide, war crimes, and crimes against humanity—for ordering a brutal crackdown on ethnic minorities in western Darfur in 2003. In fact, as part of the ICC trial, several diplomats appointed under former Sudanese president Omar al-Bashir’s rule have been relieved of their duties due to their links to the ousted ex-leader.

Sudan has also signaled its intent to hand al-Bashir over to the International Criminal Court to face charges of genocide and war crimes committed during the 2003 Darfur conflict that led to the death of 300,000 and the displacement of at least 2.5 million.

The trial within its own borders and its cooperation with the ICC are seen as a concerted effort by Sudan to re-ingratiate itself to the international community. Under its civilian-military transitional government led by Prime Minister Abdalla Hamdok, the country recently approved sweeping amendments to its 1991 Criminal Law, which was introduced by the now-ousted Omar al-Bashir administration. The changes include scrapping the apostasy law, criminalizing female genital mutilation (FGM), and allowing non-Muslims to consume alcohol, among other reforms.

Sudan hopes that these reforms and Bashir’s trial will push the US State Department to remove Khartoum from its list of countries that sponsor terrorism, which has proved extremely prohibitive for receiving foreign aid and investment.