A/HRC/45/53
74.
The Independent Expert also urges the Government to take action to ensure the
implementation of its declared commitments on cooperation with the International Criminal
Court with regard to the Sudanese nationals indicted by the Court on charges of war crimes
and crimes against humanity in Darfur.
B.
National Independent Investigation Committee on the events of 3 June
2019
75.
Article 7 (16) of the constitutional document provides for the establishment of a
national independent investigation committee, with African support if necessary as assessed
by the national committee, to conduct a transparent, meticulous investigation of violations
committed on 3 June 2019,20 and other related incidents. The Independent Expert notes the
Prime Minister’s decree No. 16/2019, issued on 21 September 2019, which provides for the
forming of a three-month extendable National Independent Investigation Committee on the
event of 3 June 2019, to work in accordance with the National Act of 1954 relating to
commissions of inquiry, and which limits the Committee’s mandate to fact-finding.
However, the Decree was amended on 21 October by Decree No. 63/2019, which ensures
that the Committee can develop into a Criminal Investigative Authority, working in
accordance with the Criminal Procedure Act of 1991, empowered with full investigative
powers, including the right to indict, and mandated by the Attorney General Act. The
Committee is composed of eight members – all men – and is chaired by an independent
lawyer. Two of the members are representatives from the Ministry of Interior and the
Ministry of Defence. The Chair of the Committee publically declared in March 2020 that its
mandate had been extended until 22 June 2020. At the time of writing, no official statement
had been made on the extension of the Committee’s mandate beyond 22 June; however,
sources indicated that a further extension was under consideration. The Independent Expert
expresses concern at the absence of female members among the Committee’s board, which
raises concerns on the technical capacity of the Committee to investigate sexual and
gender-based violence.
76.
The Independent Expert acknowledges that the establishment of the Committee is a
crucial step towards justice and accountability for the criminal acts committed during the
events in Khartoum on 3 June 2019, and the following days. However, he remains
concerned at the delays in delivering justice and providing effective remedies to the victims
who fought for the revolution. He also urges the Government to extend its support to the
Committee to enable the effective implementation of its mandate.
77.
The Independent Expert also urges the Committee to do its utmost to secure justice
and reparation for victims, and to hold all those responsible to account, without exception,
in accordance with due process rules established by the international standards.
VI. Technical assistance and capacity-building
78.
The Independent Expert welcomes the deployment to Khartoum of the OHCHR
start-up team, which is working in close coordination with the UNAMID Human Rights
Section. Field offices are planned to be opened in South Kordofan, Blue Nile, Darfur and
East Sudan during 2020 and 2021. The OHCHR country office in the Sudan plans to work
on six key areas to support the Government’s priorities and the vision laid out in the
constitutional document, which frames the transition period in the country: advancing
sustainable development through human rights; strengthening rule of law and
accountability; enhancing participation and protecting civic space; enhancing equality and
countering discrimination; preventing violations and strengthening the protection of human
rights; and increasing implementation of international human rights mechanism’s
outcomes. OHCHR has been engaged with government institutions and civil society groups
providing technical advice. The Independent Expert has been informed that OHCHR has
also been engaged with the United Nations country team in the Sudan, contributing on
20
See A/HRC/42/63.
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