Law of Evidence at Sudan
Sudan's legal framework governing the law of evidence is primarily encapsulated in the Evidence Act of 1994, which outlines the principles and rules for the admissibility and evaluation of evidence in Sudanese courts. This Act is applicable to general judicial proceedings but does not automatically extend to arbitration or conciliation unless explicitly agreed upon by the parties involved. (International Arbitration 2022 - Sudan | Global Practice Guides | Chambers and Partners)
Key Provisions of the Evidence Act (1994)
Admissibility of Evidence: Section 10 of the Act permits the admission of evidence obtained through illegitimate means, provided the court is satisfied that it is independent and acceptable. However, the court may not base a guilty verdict solely on such evidence unless supported by other admissible evidence. ((PDF) The Accused Privacy Rights in the Sudanese Legal System | Parviz Bagheri - Academia.edu)
Productive Evidence: Section 11 emphasizes that evidence should be productive, meaning it must have the potential to prove or disprove the matter in question. The court has the discretion to exclude evidence if deemed unproductive. ((PDF) The Accused Privacy Rights in the Sudanese Legal System | Parviz Bagheri - Academia.edu)
Witness Testimony: The Act allows for the examination and cross-examination of witnesses, with provisions to protect them from irrelevant or intimidating questions. Witnesses may be required to take an oath, and their testimony is recorded verbatim. (Criminal Procedure Act - ICNL)
Expert Reports: Reports from scientific or technical experts are admissible, and the court may summon such experts to testify in person if necessary. (GENERAL PROVISIONS AS TO INQUIRIES, TRIALS AND OTHER JUDICIAL PROCEEDINGS)
Absence of Accused: If an accused person absconds, the court may record the testimony of witnesses in their absence, which can later be used as evidence if the witness is unavailable. (Criminal Procedure Act - ICNL)
Additional Legislative Context
The Code of Criminal Procedure (2003) further elaborates on procedural aspects related to evidence, such as the conduct of searches, the handling of exhibits, and the rights of witnesses. Additionally, the Criminal Law Act (1991) and the Criminal Procedure Act (1991) provide foundational guidelines for criminal justice procedures, including those pertaining to evidence. (Sudan: Code of Criminal Procedure | Refworld, Sudan’s recent law reforms: explained | Redress)
International Considerations
It's important to note that Sudan is not a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters. Consequently, foreign attorneys are not permitted to take depositions of willing witnesses in Sudan without the involvement of Sudanese judicial authorities. All requests for obtaining evidence must be submitted via the letters rogatory process. (Sudan Judicial Assistance Information)
Conclusion
Sudan's legal system provides a structured approach to the law of evidence, balancing the need for justice with procedural safeguards. While the Evidence Act of 1994 remains central, it operates within a broader legislative context that includes the Code of Criminal Procedure and other related laws. For those involved in legal proceedings in Sudan, understanding these provisions is crucial for navigating the judicial process effectively.
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