A/HRC/6/19
page 18
The bill provides that immunity can only be waived by the President or someone designated by
him if offences have been committed in the course of duty or when carrying out any lawful
order. The group estimates that this system would, in practice, provide very far-reaching
immunity in cases where human rights violations have been committed as part of carrying out an
order by a competent authority.
48. The group of experts received lists containing the names of members of the police and
security forces convicted for crimes. The group of experts notes that, among the convicted, most
were soldiers and subaltern officers, and that many convictions were for ordinary crimes
unrelated to human rights violations. It also notes that no cases of convictions for command
responsibility were reported to it. No information was received on any disciplinary action against
police and other officials who failed in their primary responsibility to protect civilians.
Furthermore, no precise information was provided to the group on compensation or rehabilitation
of victims in these and other cases. During the reporting period, the Special Criminal Court for
Events in Darfur, which was set up in mid-2005, reportedly did not hear any new cases.
49. The Government of the Sudan informed the group of experts of its unequivocal refusal to
accept the competence of the International Criminal Court to investigate cases in the Sudan.
Thus, there was no indication that the Sudan had started to cooperate with the mandate from the
Security Council to the Court to investigate and prosecute international crimes committed in
Darfur (recommendation 3.3).
50. With regard to measures to strengthen the rule of law in Darfur (recommendation 3.5), the
group of experts was informed by the Government that the number of prosecutors deployed to
major towns in all Darfur states had increased in 2007. It received reports from other sources
that, in many areas, the prosecutor’s office continued to lack resources and to be inaccessible to
civilians. However, in West Darfur, there have been some improvements in the rule of law. In
June 2007, the court in Foro Baranga, closed since an incident in December 2006, was reopened.
In June 2007, the number of prosecutors deployed to West Darfur increased significantly to 13.
D. Monitoring of implementation of recommendations
51. In order to improve the monitoring of the implementation of human rights in general and
the recommendations of the group of experts in particular, the group was particularly concerned
to ensure the full and unimpeded access of UNMIS human rights monitors to persons detained in
Darfur or in other parts of the Sudan as well as to investigation records (recommendations 4.2
and 4.3). The Government informed the group of order No. 59/2007 on facilitation of the work
of international monitors, issued on 31 July 2007 by the Director-General of Police (A/HRC/6/7,
annex III). In the order, the Director-General stresses that United Nations human rights monitors
must comply with all domestic laws and regulations governing their work, having due regard for
their immunities under treaties, and orders the General Department for Legal Affairs to advise
and inform police personnel on the duties of international human rights monitors. The group
concludes that this order, by stressing the duties of monitors in an unbalanced way, and in
particular by not instructing the General Department for Legal Affairs to inform police personnel
about the privileges and immunities of monitors, is not conducive to facilitating the monitors’
work.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents