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 GE.10-13648