{"id":214,"date":"2026-10-12T09:19:16","date_gmt":"2026-10-12T09:19:16","guid":{"rendered":"https:\/\/rmsdemo.com\/projects\/sudan-independent-party\/web\/documents\/snip-pol-04\/"},"modified":"2026-10-12T09:19:16","modified_gmt":"2026-10-12T09:19:16","slug":"snip-pol-04","status":"publish","type":"party_document","link":"https:\/\/rmsdemo.com\/projects\/sudan-independent-party\/web\/documents\/snip-pol-04\/","title":{"rendered":"Proposed Policy on Truthfulness in Oaths and Public Information"},"content":{"rendered":"

The Party’s Position<\/h2>\n

The Party proposes establishing a clear legal duty to tell the truth before courts, in investigations, official records and published news. Knowingly making materially false statements under oath is not a minor procedural violation; it is an attack on justice that may deprive an innocent person of liberty or property and undermine confidence in state institutions. Concealing such falsehoods or assisting their perpetrators in covering them up should also be criminalised. The law should therefore prescribe certain, proportionate and graduated penalties, supported by public education and serious, equal enforcement.<\/p>\n

This policy does not criminalise differences of opinion or assessment, satire, predictions, honest mistakes or responsible journalism. Liability arises only where it is proved that the person knew a material statement was false, or consciously disregarded clear and conclusive evidence of its falsity, and intended an official body or the public to rely upon it.<\/p>\n

Ethical and Constitutional Basis<\/h2>\n

Truthfulness is a fundamental religious and civic duty. In Islam, false testimony and deliberately false oaths are among the gravest sins, combining dishonesty, violation of the sanctity of the oath and harm to the rights of others. A modern state must translate this ethical principle into just law that defines offences precisely, requires proof subject to fair-trial safeguards and ensures penalties proportionate to intent and harm.<\/p>\n

The policy also protects judicial independence, equality before the law, freedom of expression, freedom of the press, privacy, the presumption of innocence and the privilege against self-incrimination. None of these rights protects the deliberate fabrication of material facts or falsification of evidence.<\/p>\n

Objectives<\/h2>\n

1. Make truthful testimony and accurate official declarations an expected national standard.<\/p>\n

2. Protect courts and public authorities from deliberate deception.<\/p>\n

3. Protect individuals against false accusations and fabricated evidence.<\/p>\n

4. Require publishers of materially false news to correct it promptly.<\/p>\n

5. Distinguish deliberate falsehood from error, opinion and legitimate public debate.<\/p>\n

6. Build a culture in which penalties are predictable and impartial and are not used against political opponents or journalists.<\/p>\n

Key Legal Definitions<\/h2>\n\n\n\n\n\n\n\n
Proposed Meaning<\/td>\nTerm<\/td>\n<\/tr>\n
An assertion capable of being proved true or false. Excludes opinion, value judgment, prediction or clearly identifiable satire, and an allegation accurately attributed to its source.<\/td>\nStatement of Fact<\/td>\n<\/tr>\n
A statement capable of affecting a judicial judgment, official decision, public record, legal right, public safety, election, financial market or the reputation of an identifiable person.<\/td>\nMaterial Statement<\/td>\n<\/tr>\n
The speaker knows the statement is false. For published news, liability may also arise from reckless disregard of clear and conclusive evidence of falsity.<\/td>\nKnowledge of Falsity<\/td>\n<\/tr>\n
Any declaration, application, report, testimony, record, sworn statement or electronic application submitted to or maintained by a public authority.<\/td>\nOfficial Record<\/td>\n<\/tr>\n
Factual news material distributed to the public through the press, broadcasting, websites, social-media accounts or similar means. Private conversations are excluded unless another offence applies.<\/td>\nPublished News<\/td>\n<\/tr>\n<\/table>\n

Offences Proposed<\/h2>\n

Perjury. A person commits perjury if, after taking a lawful oath or making a binding formal declaration, they knowingly make a materially false statement in judicial or quasi-judicial proceedings.<\/p>\n

Fabrication or Concealment of Evidence. A person commits an aggravated offence if they create, alter, destroy or conceal false evidence, or induce another person to present it, with the intention of misleading a court or official investigation.<\/p>\n

False Official Declaration. A person commits an offence if they knowingly submit a materially false statement or document for entry in an official record, or to obtain a benefit, licence, registration, payment or public decision, or to deprive another person of any such entitlement.<\/p>\n

Inducing False Testimony. A person commits an offence if they bribe, threaten, coach or intentionally induce another person by any means to give false testimony or make a false official declaration.<\/p>\n

Concealment or Cover-up. A person commits an offence if they know that a materially false statement, false oath or fabricated evidence has been used in a judicial or official matter and then deliberately conceal that fact, destroy or withhold relevant evidence, create a misleading record, assist the responsible person in evading investigation, or fail to disclose where the law imposes a specific duty to do so. Mere silence is not an offence unless such a legal duty exists.<\/p>\n

Deliberate Publication of Materially False News. The offence arises only if a person publishes a factual allegation knowing it to be false, or recklessly disregards clear evidence of its falsity, and the publication causes serious harm or creates a real risk of such harm. Mere negligence should ordinarily be addressed through corrections and civil remedies, not imprisonment.<\/p>\n

False Statements by Public Officials. A public official commits an aggravated offence if they abuse their authority knowingly to insert a materially false statement in an official record, public announcement or report.<\/p>\n

Proposed Penalties<\/h2>\n

Penalties are imposed by an independent court following conviction and assessed according to intent, harm, repetition, position of trust and any voluntary attempt to correct the falsehood.<\/p>\n\n\n\n\n\n\n\n\n\n
Proposed Penalty or Measure<\/td>\nConduct<\/td>\n<\/tr>\n
Correction of the record and a substantial fine or community service; imprisonment of up to one year may be imposed for deliberate or repeated conduct.<\/td>\nFalse official declaration without serious harm<\/td>\n<\/tr>\n
Imprisonment from one to three years and a fine, with compensation where permitted by law.<\/td>\nPerjury affecting proceedings<\/td>\n<\/tr>\n
Imprisonment from three to seven years if the conduct causes wrongful conviction, major loss, violence, serious corruption or grave public harm.<\/td>\nAggravated perjury or fabricated evidence<\/td>\n<\/tr>\n
The same penalty range as for false testimony, aggravated where coercion, bribery or abuse of office is established.<\/td>\nInducing false testimony<\/td>\n<\/tr>\n
The same penalty range as the underlying falsehood where the cover-up is deliberate, with aggravation within the statutory range if it prolongs a wrongful conviction, obstructs justice, destroys evidence or involves abuse of public office.<\/td>\nConcealment or cover-up<\/td>\n<\/tr>\n
Mandatory correction, right of reply, proportionate fine and compensation where awarded. Imprisonment is imposed only in exceptional, severe and deliberate cases, such as incitement to violence or serious public disorder, deliberate market manipulation or a knowingly false criminal accusation.<\/td>\nDeliberately false news causing serious harm<\/td>\n<\/tr>\n
Aggravation within the prescribed penalty range, removal from office where appropriate and temporary disqualification from public office by court order.<\/td>\nAbuse by a public official<\/td>\n<\/tr>\n<\/table>\n

Principles of Sentencing<\/h2>\n

\u2022 Deliberate falsehood that deprives someone of liberty, property, family rights or reputation is treated more severely than a falsehood corrected before it is relied upon.<\/p>\n

\u2022 Prompt voluntary correction, full cooperation and absence of actual harm may mitigate the penalty but do not automatically extinguish liability.<\/p>\n

\u2022 Penalties are increased for prior offences, coordinated campaigns, forged documents, bribery, threats, discriminatory motives or abuse of official or professional position.<\/p>\n

\u2022 A court may order correction of the record, publication of its judgment, compensation, restoration of rights, professional discipline or temporary disqualification where proportionate.<\/p>\n

\u2022 No penalty is automatic; the court must give written reasons for its judgment and exercise discretion within statutory limits.<\/p>\n

Special Rules for Published News<\/h2>\n

False-news laws are particularly susceptible to political abuse. The primary response to ordinary errors should therefore be prompt correction, prominent clarification, a right of reply and proportionate civil remedies. Criminal prosecution must be exceptional and require approval from an independent prosecuting authority.<\/p>\n

\u2022 The prosecution must precisely identify the factual statement alleged to be false and prove its falsity, materiality, the required intent and serious harm or the risk of it.<\/p>\n

\u2022 A journalist or publisher has a defence if they took reasonable steps to verify the information, faithfully reported an official proceeding or document, made clear that the statement was an allegation or opinion, or published in the public interest despite an honest error.<\/p>\n

\u2022 Republishing another person’s allegation does not automatically protect the publisher; however, accurate, balanced and clearly attributed reporting may be protected where publication serves the public interest.<\/p>\n

\u2022 Satire, parody, academic debate, religious or political opinion, criticism of government and good-faith investigative journalism are not treated as false news.<\/p>\n

\u2022 Online platforms do not incur criminal liability merely for hosting third-party content if they comply with lawful, specific and reviewable court orders.<\/p>\n

Safeguards and Defences<\/h2>\n

Proof Beyond Reasonable Doubt. Every element of the offence must be proved beyond reasonable doubt, and the accused is presumed innocent until proven guilty.<\/p>\n

Materiality. An immaterial inconsistency or minor error is not an offence.<\/p>\n

Honest Error. Mistake, confusion, poor memory, mistranslation, disability, trauma or reasonable reliance on apparently reliable information constitutes a defence unless knowledge of falsity is proved.<\/p>\n

Privilege Against Self-incrimination. No person may be compelled to answer where the constitution or law permits refusal, and lawful refusal does not constitute perjury.<\/p>\n

Retraction and Correction. Voluntary correction at an appropriate time and before material reliance may constitute a defence to minor official-record offences or mitigate more serious offences.<\/p>\n

No Double Punishment. A person shall not be punished twice for the same conduct, without prejudice to the combination of criminal punishment with civil compensation or professional discipline in accordance with law.<\/p>\n

Preventing Selective Enforcement. Prosecution decisions and annual statistics must be reviewable and published in anonymised form. Officeholders, security agencies, political parties and private media are subject to the same standard.<\/p>\n

Procedures<\/h2>\n

1. Before testimony, the court or official body explains the duty of truthfulness, the right not to answer where applicable by law and the consequences of deliberate falsehood.<\/p>\n

2. Perjury proceedings do not begin merely because a person lost the original case; independent evidence of knowledge of falsity is required.<\/p>\n

3. Prosecution arising from judicial proceedings requires a referral by the court or written approval from a senior independent public prosecutor.<\/p>\n

4. The accused receives the exact words alleged to be false, evidence of their falsity and the material issue they affected; all must be precisely stated in the charge.<\/p>\n

5. If false testimony may have caused a wrongful conviction or judgment, an urgent review of the affected case begins immediately.<\/p>\n

6. A news-correction order must be clear, proportionate and given comparable prominence, and must be subject to expedited judicial appeal.<\/p>\n

Limitation Period<\/h2>\n

Criminal proceedings for perjury, false official declarations, fabrication of evidence, inducement of false testimony, concealment or cover-up, or deliberate publication of materially false news must be commenced within twelve years of the date of the offence. This extended period is justified because deliberate falsehood may remain hidden for many years and may continue to cause injustice.<\/p>\n

The limitation period does not run during any period in which the accused deliberately conceals the offence, destroys or withholds material evidence, abuses public office to prevent its discovery, or remains outside the jurisdiction to evade proceedings. Where the conduct continues through repeated concealment or the maintenance of a false official record, the twelve-year period begins when that continuing conduct ends or when the offence could reasonably have been discovered, whichever is later. Any extension must be ordered by a court on the evidence and without prejudice to the accused’s right to a fair trial.<\/p>\n

Phased Implementation<\/h2>\n

The objective is lasting behavioural change, not a sudden campaign of arrests. Implementation will take place in stages, with criminal provisions applied equally to everyone.<\/p>\n

Phase One \u2014 Public Preparation. Publish the law in clear language; train judges, prosecutors, police, registry officials and journalists; standardise oath and declaration forms; establish correction channels; and conduct a national campaign explaining the religious, civic and legal importance of truthfulness.<\/p>\n

Phase Two \u2014 Consistent Enforcement. Prioritise fabricated evidence, false criminal accusations, corruption-related declarations and abuse of public office, and use corrections, fines and community service for first-time low-harm offences where the law permits.<\/p>\n

Phase Three \u2014 Full Accountability. Apply the full penalty framework, publish anonymised enforcement data, review disparities and assess whether the law has improved the accuracy of information without suppressing lawful expression.<\/p>\n

Institutions and Oversight<\/h2>\n

The Ministry of Justice shall prepare legislation in consultation with the judiciary, prosecution service, lawyers, media representatives, civil society, religious scholars and experts in constitutional law and human rights. An independent body shall publish annual anonymised data on complaints, investigations, prosecutions, convictions, acquittals, corrections and penalties. Parliament shall review the law three years after it enters into force.<\/p>\n

Proposed Legislative Principle<\/h2>\n

Model Provision. Any person who, under a lawful oath or binding formal declaration in judicial or official proceedings, knowingly makes a materially false statement intending that it be relied upon commits an offence. Any person who fabricates, alters or conceals evidence, or induces another to present it for that purpose, commits an aggravated offence. Any person who knowingly covers up such conduct, destroys or withholds material evidence, creates a misleading record or assists the perpetrator in evading investigation commits an offence of concealment. Proceedings may be commenced within twelve years, and the period does not run during deliberate concealment or obstruction. No person is liable for an honest mistake, an immaterial matter, lawful refusal to answer or a statement not proved beyond reasonable doubt to have been made with knowledge of its falsity.<\/p>\n

Questions for Public Discussion<\/h2>\n

1. What ranges of penalties provide sufficient deterrence while remaining proportionate to the harm?<\/p>\n

2. Should voluntary correction before an official body relies on a declaration provide a complete defence for minor declarations?<\/p>\n

3. What forms of serious harm justify criminal liability for deliberately false published news?<\/p>\n

4. What independent approval should be required before prosecuting a journalist, editor or political spokesperson?<\/p>\n

5. How should compensation be calculated where false testimony causes imprisonment, financial loss or reputational harm?<\/p>\n

6. What safeguards are needed to prevent selective or politically motivated enforcement?<\/p>\n

This paper sets out a policy direction for public discussion. Detailed criminal legislation should be drafted only after specialist constitutional, evidentiary and human-rights review.<\/p>\n","protected":false},"menu_order":11,"template":"","document_collection":[50],"class_list":["post-214","party_document","type-party_document","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/rmsdemo.com\/projects\/sudan-independent-party\/web\/wp-json\/wp\/v2\/party_document\/214","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/rmsdemo.com\/projects\/sudan-independent-party\/web\/wp-json\/wp\/v2\/party_document"}],"about":[{"href":"https:\/\/rmsdemo.com\/projects\/sudan-independent-party\/web\/wp-json\/wp\/v2\/types\/party_document"}],"version-history":[{"count":0,"href":"https:\/\/rmsdemo.com\/projects\/sudan-independent-party\/web\/wp-json\/wp\/v2\/party_document\/214\/revisions"}],"wp:attachment":[{"href":"https:\/\/rmsdemo.com\/projects\/sudan-independent-party\/web\/wp-json\/wp\/v2\/media?parent=214"}],"wp:term":[{"taxonomy":"document_collection","embeddable":true,"href":"https:\/\/rmsdemo.com\/projects\/sudan-independent-party\/web\/wp-json\/wp\/v2\/document_collection?post=214"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}