A/HRC/6/19
page 73
Information Received from Other Sources on Recommendation 1.6.1
Article 39 of the Interim National Constitution guarantees freedom of expression.
However, the group of experts received reports that journalists reporting on Darfur continued to
suffer harassment, arrest and detention as well as ill-treatment and other forms of intimidation as
referred to under recommendation 1.6.2. According to reports received, the Government invoked
the Organization of Humanitarian and Voluntary Work Act, 2006, to restrict freedom of
association and the activities of human rights defenders. There were also a number of reports of
human rights defenders facing restrictions or delays as regards visa or extension of visa, or travel
in and out of Darfur. The premises of a number of human rights defenders, including persons
who had offered or provided legal assistance to victims of violations were closed and documents
were removed. In some cases, human rights defenders were summoned for questioning by the
Humanitarian Aid Commission.
Assessment of Implementation of Recommendation 1.6.1
Implementation has not begun.
Recommendation 1.6.2 Short-term
Remove restrictions in the National Press Laws that can be used to threaten the work and
independence of journalists acting as human rights defenders and bring them into line with the
Interim Constitution, the International Covenant on Civil and Political Rights and other
applicable international standards.
Indicator: Reformed in accordance with the Interim Constitution, the International Covenant
on Civil and Political Rights and other applicable international standards.
Response of the Government of the Sudan on Recommendation 1.6.2
Information orally submitted to the group of experts on 18 September 2007
Following a decision of the Public Prosecutor in January 2007, Art. 130 of Criminal
Procedures Code of 1991 must not be used by the Press and Publications Prosecution Office to
arrest journalists or ban any newspapers on the basis of complaints of defamation. Since then no
disruptions have been reported.
On 15 September 2007, the Constitutional Court issued an important ruling in recognition
of general freedoms, the freedom to bring proceedings and the rule of law. The ruling states that
the freedom to bring proceedings pursuant to the Interim Constitution is unlimited and that
ministerial orders or laws are not immutable but may be challenged before the courts. The Court,
in Constitutional Court ruling No. CC/CL/2006, v. 1. The Government of the Sudan 2. The
Ministry of Justice, which is a precedent-setting ruling, makes the following conclusion: It must
be pointed out here that article 35 of the 2005 Constitution omits the restriction mentioned in the
corresponding article 31 of the 1998 Constitution, which reads “The right to bring proceedings
shall be guaranteed for all persons and no proceedings in a criminal case or civil matter shall be
brought except in accordance with the provisions and procedures of the law.” From this one may
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