مدى مشروعية إعلان حالة الطوارئ في السودان : (دراسة تطبيقية على إعلان حالة الطوارئ في السودان في فبراير 2019 م)‎

Abstract EN

In normal circumstances, the state should apply the ordinary legislations, but it is difficult to abide applying them while the exceptional, that is why states declares in such circumstances the Status of Emergency to allow applying special legislations.

Emergency Status is a set of procedures which are applied by the state to control security and to keep the public order as a consequence of exceptional events which threat the public security like war and disasters.

Declaring the Emergency Status includes offering exceptional jurisdictions to the administrative authorities in unusual manner, which may affect the individual or the common rights and freedoms, so states try to put legal restrictions for its application.

The research problem is on the legal reference of the Emergency Status and the legislative frameworks that regulate it and the terms of declaration, concentrating on the legitimacy of the Emergency Status which declared in Sudan in February 2019.

The objective of the research is to identify the nature of the Status of Emergency and the rules of its declaration, and to reveal the legislative frameworks that justify its declaration in domestic legislations and international conventions and find out whether the state of emergency declared in Sudan in February 2019 is in accordance with the constitution and the law.

In doing so, researchers adopted the descriptive, analytical, historical approaches.

The most significant research findings: Emergency Status an exceptional status declared by the head of the executive authority in case of a sever threat that threats state's security, governed by special legislation because it cannot be ruled depending on the normal legislations.

Researchers also found that jurisprudence, judiciary and the international law all recognize and adopt the theory of Emergency Status through strict controls and terms with the jurisdiction of the judiciary to monitor their application.

A significant finding is the illegality of the Emergency State declared by the Sudanese President on February 22, 2019, for not fulfilling the full constitutional requirements.

The most important recommendations: Executive authority should be accurate to ensure that the terms are met before being announced, considering the proportionality between the actions taken and the exceptional situation motivating the declaration.

Revise the Sudanese Emergency and Public Safety Law of 1997 and other emergency laws to conform to the Constitution.

Also there is a need to enhance the role of various monitoring mechanisms while implementation of emergency procedures to protect basic rights, and consolidate the principle of justice.