A/HRC/6/19
page 89
There are no updates on the killing of civilians in the area of Buram, South Darfur, in
October 2006.
Regarding the arrests and disappearance of at least 19 Massalit men in Gereida, in
September 2006, the SLA/MM stated that they would investigate the incident, but no action has
yet been taken in that regard. Moreover, SLA/MM has denied any responsibility over the
incident.
The Governor of West Darfur indicated that he had established a committee to investigate
the attacks on villages around Jebel Moon area on 29 October 2006 so to prevent similar events
in the future. A group of state authorities visited Silea on 1 November 2006, conducted a
preliminary investigation, and established an investigatory committee, including community
representatives from the affected villages. No report has been made public by state authorities
regarding any outcome of this investigation and no one was brought to justice in connection with
the attacks.
Regarding the law enforcement operation on NGO compound on 19 January 2007, in
Nyala: In a court hearing on 5 April 2007, six INGO staff members were found guilty of
drinking alcohol and nuisance (article 78, 2 of Criminal Act 1991) and were ordered to pay a fine
of 25000 SD each. On 16 April 2007, the court decided to acquit another two international NGO
staff members due to the lack of evidence with regard to the same charges. However, one of
those two acquitted, a Sudanese female, was still being investigated for indecent and immoral
acts, under article 152 of the Criminal Act 1991. To date, no legal procedures had been taken
against her in that case. An international staff member, who left Sudan upon completion of his
contract, also had been accused in the same case. On 19 April 2007, the Nyala court decided to
acquit five UN staff, who had been charged with drinking alcohol and nuisance, based on the
SOFA. In the same hearing, with regard to the remaining defendants from international NGOs,
the magistrate in the case stated that “the procedures of their surety were illegal because the
person who guaranteed them is a UN staff and the court could therefore not apply the rules
against him. He has failed to bring the defendants before the court”. In its decision, the court
ruled that for these accused, the case will be ‘closed temporarily” and the prosecution would
resume the procedures against them in case they returned to Sudan. The group of experts did not
receive any information as to whether the allegations of physical and verbal abuse, including
sexual assault, reported to have been perpetrated by law enforcement officers during the arrests,
were being investigated.
Full and thorough investigations into breaches of international human rights and
humanitarian law with regard to the following incidents seem not to have been undertaken: the
attacks in Bulbul area, South Darfur in January - March 2007; the attacks on the village of
Deribat and eight villages along the Kutur to Deribat road in late December 2006; the killing of
civilians in the Buram area of South Darfur in October 2006; the arrest of at least 19 Massalit
men in Gereida, South Darfur in September 2006; the attacks on villages around the Jebel Moon
area in October 2006; law enforcement operation on NGO compounds on 19 January 2007 in
Nyala; and the attack on 4 NGO compounds in Gereida by SLA/MM forces in December 2006.
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