A/HRC/6/19
page 17
Humanitarian access to an unknown number of displaced persons in the Adilla area of
South Darfur following fighting between governmental and rebel forces in September continues
to be denied. In Haskanita (south-east Darfur), the Government allowed humanitarian access
only one month after the alleged rebel attack on 30 September that killed 10 AMIS soldiers.
44. In 2005, several reports indicated that the Government had made no effort to distinguish
military from humanitarian aircraft, thus blurring the line between humanitarian activities and
Government military operations. The group did not receive any reports of deceptive markings by
the Government during the period under review.
C. Accountability and justice
45. In response to concerns about widespread impunity for acts of violence against the civilian
population in Darfur (recommendations 3.1-3.5), the group received a copy of the draft Sudanese
Armed Forces bill of 2007, which addresses the system of military justice, military criminal
procedure including investigation, and inquiry and trial. The principle of independence of the
military judiciary has been enshrined in a full chapter, which also deals with procedural
immunities for the judges concerned. Chapter VIII relates to penalties under courts martial, and
part III, chapter I sets out offences and prohibitions on conduct by armed forces personnel. The
bill, if adopted, would incorporate, for the first time, key provisions of international humanitarian
law into domestic Sudanese law. The group also received the Police Forces bill of 2007.
Chapter II of the bill deals with general principles and objectives regulating the work and
professional duties of police officers, including references to the rule of law and human rights.
Chapters IX and X address the operation of police courts and offences, and the punishment of
police officers in cases of violations of professional duties. Neither bill was in force at the time
of reporting. They are still pending in Parliament.
46. The Government of the Sudan informed the group about investigations in response to
incidents reported publicly by the Office of the United Nations High Commissioner for Human
Rights. In some of those cases, investigations had led to prosecution. Limited investigations had
been conducted into three incidents: attacks in Bulbul area, South Darfur; attacks on the village
of Deribat and eight other villages along the road from Kutur to Deribat in late December 2006;
and the killing of civilians in the area of Buram, South Darfur, in October 2006. In the Buram
case, prosecutions were ongoing at the time of reporting, but no perpetrators had actually been
prosecuted.
47. 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 NISS. The group of experts was informed in detail about the
procedures for lifting immunity, including those provided for in order No. 57/2007 on the
organization of granting authorization procedures issued by the Commissioner-General of the
Police on 31 July 2007 (A/HRC/6/7, annex III) and the instructions from the Director-General of
the NISS of 12 August, issued pursuant to article 73 of the National Security Forces Act of 1999,
as amended in 2004. The group also took note of the fact that the draft bills mentioned above
(para. 45) would 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 article 34 of the Sudanese
Armed Forces bill, which was pending in Parliament, and provides that no act committed by any
officer or soldier in good faith in the course of his or her duties shall be deemed an offence.
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