Sudan reinstates sweeping powers for intelligence service
New law raises fears of a return to era of Islamist dictatorship
Sudan's military-led government has approved a new law granting the intelligence service broad powers and immunities, raising concerns about a return to repressive tactics employed under the ousted Islamist regime of Omar al-Bashir. Al-Bashir was ousted by a popular uprising in April 2019 after 30 years in power.
The General Intelligence Service (GIS) Law (2024 Amendment), passed last week in a joint meeting of the Transitional Sovereign Council and the Council of Ministers, empowers intelligence officers to gather information, summon and interrogate individuals, conduct surveillance and searches, detain suspects, and seize assets.
It also grants extensive immunities, shielding personnel from criminal or civil prosecution without the head of the spy agency’s approval. In capital punishment cases, the director holds the authority to form a special court.
“Any act committed by any member of the agency in good faith during or because of the performance of his job duties, or the performance of any duty imposed on him, or from any act issued by him under any authority authorized or granted to him under this law, shall not be considered a crime,” the law said in its article 52.
The new powers were first removed by the civilian government of Abdallah Hamdok in 2019, before it was deposed in a military coup in October 2021. The intelligence service played a central role in that coup.
Critics, including lawyer Moaz Hadra, argue the new law grants the agency even greater powers than it enjoyed under Bashir's repressive regime. Hadra highlights the near-absolute immunity provided to intelligence officers, stating that “they cannot be sued” and even an agents who commit capital offenses, such as murder, cannot be held accountable without approval from the head of the military.
“The law grants intelligence officers complete powers and immunities that were not even present under the Bashir regime. Under the new law, they cannot be sued civilly or criminally. Even those accused or tried in a crime punishable by death are not executed unless General Abdel Fattah al-Burhan approves.”
The previous transitional government had weakened the security service's powers, restricting it to information gathering. The new law reverses that reform.
The law gives the agency powers to “request information, data, documents, or things from any person, view them, keep them, or take whatever action it deems necessary regarding them”.
It also gives the agency the right to “summon persons, interrogate them, and confirm their statements in accordance with the laws” and have the role of “supervision, investigation, and inspection pursuant to an order issued by the competent prosecutor and further seize funds in accordance with the laws” and “arresting persons in accordance with Article (50).”
Since the outbreak of the civil war last year, security agents already had engaged in practices reminiscent of the old regime, and the new law codifies the return to that status quo. Security agents have also reestablished a paramilitary wing of the service, known as the Operations Authority, which played a role in recent fighting in some areas. However, the law makes no mention of this paramilitary wing.
Article 50 empowers the director of intelligence to authorize a suspect's arrest for investigation purposes, not exceeding thirty days. It partly said:
“If the investigation involves threats to public safety or security, such as armed robbery, religious or racial discord, terrorism, breaches of the peace, political violence, or espionage, and continued detention is deemed necessary to complete the investigation, the Director must present the case to the council. The council then holds the authority to extend the detention period in one or more increments, not exceeding a total of three months.”
In practice, detainees may be held for long than 30 days without even following this procedure.
Sudan’s military government defends the law, arguing it strengthens the intelligence service's ability to combat terrorism, organized crime, and other threats. However, critics remain unconvinced, emphasizing the need to balance security with individual rights.
Sudan's ongoing war, now in its second year, pits the Sudanese Armed Forces (SAF) against their former allies, the paramilitary Rapid Support Forces (RSF). Critics point to the military's 2021 coup as a key factor in igniting the conflict. The Coordination of Civil Democratic Forces (Taqaddum), Sudan's civilian anti-war front led by Abdallah Hamdok, has yet to issue an official response to the new law.
In a related development, former head of Sudan's National Intelligence and Security Service (NISS), Salah Abdallah Gosh, was seen visiting wounded Sudanese army soldiers hospitalized in Egypt, according to online photos reviewed by Sudan War Monitor.
Gosh has been living in Sudan’s northern neighbor since fleeing the country after Omar al-Bashir's removal in 2019. His visit to the wounded army soldiers highlights the lingering ties between figures of the ousted regime and the military.
A source who was part of the visit told Sudan War Monitor that Gosh specifically sought out wounded veterans from the NISS's Operations Authority, a notorious department disbanded following al-Bashir's fall.
The source revealed that Gosh “praised the struggles and sacrifices of the Operations Authority personnel. He exchanged stories and reminisced with the wounded, emphasizing the enduring strength and unwavering dedication of Sudanese soldiers to their nation.”