A/HRC/6/19
page 67
Since 19 July 2007, a 50 year old community leader from the Baggara tribe has been in
detention in Zalingei accused of murdering an IDP from the Taiba IDP camp in spite of a
recommendation by a state prosecuting attorney that he should be released for lack of evidence.
Various reliable sources indicated that state officials were under pressure to keep the man in
detention because the complainant in the case came from an influential tribe. The complainant’s
tribesmen have also reportedly threatened to abduct the detainee’s family members should the
Zalingei authorities fail to find him guilty of murder.
On 31 July 2007, the northern Rizeigat group - many dressed in the uniforms of the Border
Intelligence - mounted an attack on the Tarjem group which left at least 68 people dead.
In late July, a 32 year old Fur male and member of SLA/AW continued to be held in the
National Security detention since 1 June without being charged of any crime and accused him of
holding a meeting with some Sheikhs in Kalma IDP camp.
Assessment of Implementation of Recommendation 1.4.1
Certain steps to implement the recommendation have begun. On 31 July 2007, the Director
General of Police issued Order No. 58/2007 to the effect that civilians taken into police custody
shall not be subject to any kind of assaults, and that prison authorities shall treat inmates in a
manner that ensures their rights. Similarly, the Director General of NISS issued instructions
prohibiting unlawful arrest; detention in places other than designated detention facilities;
prohibiting any physical assault or psychological abuse of prisoners; and safeguarding the
dignity of individuals during arrest. The term “assault” in both instructions can be interpreted to
encompass torture and summary executions. While these also related to arbitrary detention and
forced disappearances, Police Order No. 58/2007 did not deal specifically with these human
rights violations. Furthermore, the two orders mentioned above did not apply to the armed
forces or any militias under the Government’s control.
According to the information received, cases of arbitrary detention, torture and summary
executions continued.
Recommendation 1.4.2 Short-term
Refrain from detaining anyone incommunicado. Close all unofficial places of detention.
Ensure that all persons, including any civilians held by Military Intelligence and National
Security are promptly brought before a judicial arrest following arrest and regularly thereafter.
Ensure that accessible, complete, accurate and fully up-to-date lists of detainees are kept, and
shared with families of the detainees. Refrain from detaining civilians in military installations.
Indicators: No instances of secret or incommunicado detention reported. Up-to-date lists of
detainees available.
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