Legal expert Nabil Adib said Transitional Sovereignty Council (TSC) Decision No. 363 of 2026, concerning the dismissal of criminal complaints against Sudanese citizens residing abroad who return to participate in the Sudanese-Sudanese Dialogue, provides a procedural safeguard for participants but does not affect the underlying right associated with such complaints.
In comments to Nabaa Sudan, Adib explained that the decision, signed by the TSC President General Abdel Fattah Al-Burhan on August 31, seeks to drop charges in complaints in which the state is the complainant. He distinguished this measure from the Attorney General’s authority to suspend criminal proceedings under Article 58 of the Criminal Procedure Act of 1991.
He noted that the Attorney General’s authority under that article applies after the investigation has been completed but before a judgment is issued, making it distinct from the measure introduced by the decision for complaints falling within its scope.
Regarding the difference between dismissing a complaint and dropping charges, Adib explained that the procedural immunity provided for in the decision is limited to a specific period. It begins when a person enters Sudan for the purpose of participating in the dialogue and continues until the dialogue concludes and the person leaves the country.
He stressed that this protection is not indefinite and does not affect the underlying right. In his view, it provides participants with safeguards against proceedings brought against them where those proceedings relate to political views they expressed as part of their opposition to the incumbent authorities.
The decision stipulates that complaints filed by state agencies against Sudanese citizens residing abroad who enter the country to participate in the dialogue are to be dismissed if they concern accusations involving acts or statements expressing political views. It also provides for the dropping of charges covered by those complaints.
The decision further prohibits the initiation of criminal proceedings on the basis of opinions expressed during the dialogue, provided those opinions are directly or indirectly related to its subject matter.
It grants participants temporary procedural immunity beginning on the date of their entry into Sudan and extending until a date sufficiently in advance of the dialogue’s conclusion, to be determined by the Transitional Sovereignty Council. It also directs judicial, police, security and other relevant authorities to take the necessary measures to implement the decision.
The decision comes as part of arrangements intended to create a conducive environment for the Sudanese-Sudanese Dialogue, amid efforts to encourage Sudanese citizens living abroad to return and participate in discussions on the country’s issues. The scope of the protection it provides, however, depends on the complaints and charges covered by its provisions and the nature of the acts and opinions concerned.
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