A/HRC/6/19
page 43
100 lashes. One case was decided to have been manifestly unfounded. Five cases remained under
investigation. There were four other cases against members of the Armed Forces in Kutum court,
North Dafur during January-September 2007. Two individuals received 7 and 8 years
imprisonment and two were in the process of being tried.
West Darfur State: 4 rape cases were reported between 3 May and 16 October 2007. All of
the accused were named and identified individuals and were not armed or belonging to SAF. The
places of the alleged incidents were Ardmta, Geneina and Four Brenga. Three cases remained
under investigation while one case was pending. Rape crimes committed by members of the
armed forces during 2007: 10 cases, 3 received 4 to 5 years imprisonment and 100 lashes, one
not arrested 5 under trial, one under investigation. Six cases of killing were committed by
members of the armed forces. Members belong to Border Guards, Reserve Police, SAF, Central
Reserved Police. One acquitted, one under trial, two under investigation and two received death
sentence by hanging. 11 cases were reported during August two cases received 80 lashes, one
imprisonment and fine, six under trial, one under investigation, and one not yet detained.
South Darfur State: 16 rape cases were reported. Some of them were unknown individuals;
some two from SAF and the rest were unknown armed individuals. All cases were under
investigation while only one case was subject to legal proceedings.
Information Received from Other Sources on Recommendation 1.2.2
On 18 August 2007, the Ministry of Justice publicly reiterated its commitment to ending
sexual and gender based violence in Darfur.
An established pattern of violence against women has emerged in Darfur over the last
several years of the conflict, and has been well documented by several UN bodies as well as
international NGOs. Many instances of rape have been perpetrated by armed men in military
uniform or in civilian clothes, travelling in groups on horses or camels. In North Darfur,
however, in particular in the Tawila area and in Gereida area of South Darfur, incidents of sexual
violence have been mainly perpetrated by men who victims claimed were SLA/MM members.
Female IDPs have stated that, despite the severity of incidents perpetrated against them, they
have had to continue to venture outside the camps to gather means of subsistence.
The majority of incidents of sexual violence have gone unreported. Many victims have
chosen not to file complaints with police because they have felt that the police cannot or will not
take appropriate action against perpetrators. In some cases, police action has been limited to
receiving complaints with no further action being taken. In other instances, it was evident that
victims were not adequately informed about the use of Criminal Form 8 and the proper
procedure for filing a police complaint in cases of sexual assault. In other instances, police have
decided to register depending on the gravity of the physical harm/injuries indicated on the
Criminal Form 8 by the examining doctor on a purely discretionary basis. Fear of social stigma
and continual denial by local authorities on the occurrence of rape has discouraged reporting. In
many cases documented by UN agencies, bodies and programmes operational in Darfur, rape
victims sought treatment in clinics run by international NGOs instead of those locally operated
by the Government. While this choice may give victims access to better medical facilities, it may
have reduced the victim’s access to justice in many cases because international NGO clinics
have not been authorized by the Government to provide Criminal Form 8.
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