A/HRC/14/41
J.
Justice and accountability for Darfur crimes
71.
The conflict in Darfur has been marked by widespread impunity for acts of violence
against civilians. Perpetrators of gross human rights violations, including killings, torture,
rape, abduction, arbitrary detention and ill-treatment of civilians have very often not been
held accountable for their actions. The judicial response to serious human rights abuses has
remained weak. To date, the Government has failed to bring to justice those responsible for
various attacks on the civilian population, including the law enforcement operation in
Kalma, South Darfur, in August 2008, which resulted in the death of 33 internally displaced
persons. Once again, no one has been charged for the numerous carjackings and attacks on
humanitarian workers that have occurred in Darfur. In South Darfur, where inter-tribal
fighting accounted for most of the civilian deaths in 2009, no criminal investigation is
known to have been initiated for the killing of civilians and other human rights violation
committed in the context of those events.
72.
Various accountability mechanisms put in place by the Government to address
impunity in Darfur, including the special criminal courts for Darfur, have proven to be
inadequate and ineffective in bringing alleged perpetrators to justice. During a meeting with
the independent expert, on 26 January 2010, the Special Prosecutor appointed by the
Government to investigate crimes committed in Darfur since 2003 reported that he had
proceeded with his investigation as mandated by law, including interviewing over 100
witnesses, but is yet to file criminal charges against any suspect as a result of these
investigations.
73.
In February 2009, the African Union Peace and Security Council established a highlevel panel to examine the situation in Darfur and to submit recommendations on peace,
justice and reconciliation. In its final report, submitted in October 2009, the panel
concluded that the criminal justice response in Darfur was ineffective and had failed to
secure the confidence of Darfurians and victims. It recommended the establishment of a
“hybrid criminal court” to exercise original and appellate jurisdiction over individuals who
appeared to bear particular responsibility for the gravest crimes committed during the
conflict. The court would comprise judges of Sudanese and other nationalities. The panel
also recommended the setting up of a truth, justice and reconciliation commission. The
recommendations of the panel have been endorsed by the African Union and the Security
Council. However, the Government appears to have rejected some of the proposals on the
grounds that they constituted an infringement on its sovereignty and the Interim National
Constitution.
VII. Conclusions and recommendations
A.
Conclusions
74.
The independent expert acknowledges that there have been significant
advances made by the Government of National Unity and the Government of
Southern Sudan in addressing human rights and related issues. Among these are legal
reform, the setting up of human rights forums, institutional development, policy
formulation and programme development, exemplified by the 2005 plan of action to
combat violence against women, the deployment of women police and various training
and capacity-building efforts. However, the unresolved and serious human rights
concerns overshadow the positive gains realized.
75.
The delay in the appointment of the commissioners to the National Human
Rights Commission leaves a major gap in human rights promotion and protection and
18
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