A/HRC/6/19
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30. Although the Government reported that several laws protected children, there were no
reports on the rigorous and systematic investigation and prosecution of violations against
children to address the prevailing sense of impunity for such violations (recommendation 1.3.2).
However, the group was informed by the Government that gender and child units within the
police had been set up in West Darfur in May and in North Darfur in August. According to the
information received, the Government has not yet set up such a unit in South Darfur. The group
did not receive information on any impact of this measure on the ground.
4. Protection against summary executions, arbitrary detentions,
disappearances and torture
31. The group recommended that the Government should issue and enforce clear instructions
to law-enforcement agencies, the armed forces and any militias under the Government’s control
that summary executions, arbitrary detention, enforced or involuntary disappearances and torture
were illegal and would not be tolerated; that they could amount to war crimes and crimes against
humanity; and that suspects would be investigated and brought to justice and that any immunities
would be waived (recommendation 1.4.1 and 1.4.3). In this regard, the group notes that steps to
implement the recommendation have been taken, such as the issuance of order No. 58/2007
requiring that civilians taken into police custody should not be subject to any kind of assault, and
that prison authorities should treat inmates in a manner that ensured their rights. Similarly, the
Director-General of the National Intelligence and Security Services (NISS) issued instructions on
12 August 2007 prohibiting unlawful arrest; prohibiting 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. There was no indication in those orders that
such crimes were considered war crimes or crimes against humanity and there was no reference
to international standards in those orders. Furthermore, neither of the two orders applies to the
armed forces or any militias under the Government’s control.
32. The Government informed the group of experts that, in 2007, six training courses for a
total of 120 officers had been held, consisting of 14 lectures on the legal principles behind
human rights and international humanitarian law, with emphasis on guarantees in the event of
arrest and the rights of detainees.
33. Reports by the United Nations brought to the attention of the expert group indicate that, in
each of the Darfur states, civilians had been arbitrarily arrested, subjected to torture and
ill-treatment, denied access to legal counsel, held without being informed of the reasons for their
arrest, and detained for extended periods of time without appearing before a judicial authority.
Targeted individuals have included community activists who work in the field of human rights;
Sudanese people who work for international organizations or who have been perceived as
cooperating too much with the international community; individuals from the predominant
ethnicities of various rebel groups; and Sudanese people who have been perceived to hold
opposition political views. Arrests by Government security forces were also made in the
aftermath of clashes between warring parties (see annex I for a summary of cases under
recommendation 1.4.1). The reports by the United Nations indicate that, during the period under
review, there were, inter alia, five documented cases of torture and ill-treatment by military
intelligence, NISS and police in eastern West Darfur. In South Darfur, there were 15 documented
incidents of arbitrary detention, including incommunicado detention, or detention in unofficial
places of detention. Documented incidents during the period under review in North Darfur
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