A/HRC/30/60 V. Assessment of the situation of human rights 53. Despite some progress made in the legislative reform, some remaining challenges severely impede any significant improvement in the overall situation of human rights in the Sudan. Most of the recommendations made by the previous mandate holder remained largely unimplemented during the period under review. In addition, the African Commission on Human and Peoples’ Rights recently published a ruling of March 2014 in which it found the Sudan responsible for violating the rights of three Sudanese nationals by, inter alia, illegal incarceration and torture. The Commission has requested the Government to compensate the victims. 54. The ongoing violence in Darfur and in the States of Southern Kordofan and Blue Nile has been marked by widespread impunity. Perpetrators of human rights violations and abuses and violations of international humanitarian law, including government security forces and affiliated-militia and armed opposition movements, have rarely been held to account for their actions. The judicial response to these violations and abuses continues to be weak. In particular, the Independent Expert stresses that combating impunity should be a foremost priority of the Government of the Sudan that should include ensuring effective, efficient access to justice for victims of human rights violations and abuses. 55. There have been restrictions on political rights and fundamental freedoms, including the freedom of expression, freedom of the press, the freedom of association and peaceful assembly, forced disappearances, sexual and gender-based violence, arbitrary arrests and detentions, torture and degrading treatment perpetuated by security forces and armed movements against the civilian populations as well as denial of humanitarian access to conflict-affected areas. The Independent Expert calls upon the Government of the Sudan to facilitate access to the affected population for delivery of humanitarian assistance. 56. The Independent Expert continued to receive reports of prolonged detention of persons without access to legal representation or to their families. He calls upon the Government of the Sudan to respect the political and civil rights and fundamental freedoms enshrined in the interim national Constitution and to allow the Sudanese people to exercise their rights freely. He also calls upon the Government to release all detained persons or to charge and prosecute them in accordance with the law. 57. The Independent Expert is concerned that the death penalty continues to be applied, and that lashing is used as a routine penalty, in contravention of international human rights law. Moreover, the use of torture is a clear contravention of international law and article 33 of the interim national Constitution. 58. The Independent Expert notes that all his governmental interlocutors raised the issue of unilateral coercive sanctions against the Sudan, qualifying them as a serious violation of basic human rights because of their negative impact on the situation of human rights. During the visit of the Independent Expert, the Government organized a forum on the negative impact of unilateral coercive measures on the enjoyment of human rights. The Government underscored the negative impact of these measures on the Sudanese people, in particular on women and children. It also advocated for the lifting of sanctions by the international community, seeking instead an international engagement to a broad programme of technical assistance for the Sudan. 59. The Independent Expert raised the matter with the newly appointed Special Rapporteur on the negative impact of the unilateral coercive measures on the enjoyment of human rights, Idriss Jazairy, for appropriate follow-up. 12

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