A/HRC/6/19
page 93
(2)
No proceedings shall be taken against any officer, or soldier, who commits an act,
which constitutes an offence, which occurs in the course, or by reason of his/her
discharge of his/her duties, or carrying out of any lawful order, issued thereto in this
capacity thereof, and he/she shall not be tried, save upon permission, issued by the
President of the Republic, or whoever he may authorize.
Assessment of Implementation of Recommendation 3.2
Legal immunities (recommendation 3.2) have not been abolished, although the
Government has taken a number of steps to establish procedures for lifting immunities with
regard to the police and the National Intelligence and Security Services. The pending Bills on the
Armed Forces and the Police will not change the discretionary nature of decisions to lift
immunities even in cases of serious violations of human rights. In particular, it took note of Art.
34 of the Sudanese Armed Forces Bill provides that no act shall be deemed an offence which
emanates from any officer or soldier in good faith, in the course or by reason of performing the
business of his/her post, or discharging any duty imposed upon him or her. The bill provides that
immunity can only be waived by the President or someone designated by him if offences were
committed in the course of discharging duties or carrying out of any lawful order. This system
would, in practice, provide very far-reaching immunity in cases where human rights violations
were committed as part of carrying out an order by a competent authority.
Recommendation 3.3 Short-term
Fully cooperate with the International Criminal Court mandated by the Security Council to
investigate and prosecute international crimes committed in Darfur.
Indicator: Number of alleged perpetrators of international crimes committed in Darfur
handed over to the International Criminal Court.
Response of the Government of the Sudan on Recommendation 3.3
The Government indicated that it did not consider that the International Criminal Court had
jurisdiction over the situation in Sudan.
Information Received from Other Sources on Recommendation 3.3
The Government of Sudan has refused to cooperate with the ICC and has not complied
with the arrest warrants issued for Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”) and
Ahmad Muhammad Harun (“Ahmad Harun”).
Assessment of Implementation of Recommendation 3.3
Not implemented.
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