A/HRC/6/19
page 94
Recommendation 3.4 Short-term and Mid-term
Start to review the compatibility of domestic legislation with the interim national constitution
and bill of rights, and harmonize laws with Sudan’s obligations under international human
rights law. Undertake legal reform to include, especially, National Security Act, Police Act,
Emergency Laws, Armed Forces Act.
Indicator: Number of laws reformed in accordance with international human rights law.
Response of the Government of the Sudan on Recommendation 3.4
Written information submitted to the group of experts on Darfur on 25 and 29 October 2007
On 25 October 2007, the group received a copy of the Armed Forces Bill of 2007 which
deals, among others, the system of military justice, military criminal procedure, including
investigation, inquiry and trial, conforming with the recognized principles of justice, public law
and the principle of legality. The principle of independence of military judicature has been
enshrined, by dedication of a full chapter, which deals with independence of the judicial and
legal work, without influence, and deals with procedural immunities suitable for officers of the
Military Judicature. Chapter VIII relates to penalties under courts martial, and Chapter I, of
Part III sets out offences and contraventions, committed by personnel of the Armed Forces. This
Act contains, for the first time, a codification of the provisions of the international humanitarian
law, after a careful study of the regional experiences represented in the Jordanian Act, No. 31
and 32, 2003 and the Yemenese law; and after perusal of the international experience,
represented in the Belgian model. The Bill keeps pace generally with the pattern of military law
in the USA, France, Algeria and elsewhere, and conforms with the four Geneva Conventions of
1949 and the Additional Protocols to the Geneva Conventions of 1977, as well as the Optional
Protocol attached to the UN Convention on the Rights of the Child in that it fixes the recruitment
age at 18 years. There are also principles of customary international law reflected in the Bill
concerning prohibited weapons and protection of non-combatants, and including the provisions
of Ottawa Agreement for Prohibition of Use, Transport, Production and Storage of
Anti-Personnel Land Mines, 1997, and the Agreement of Combating Chemical Weapons, and
criminalizing all acts prohibited in international laws, treaties and agreements, applying the
principle of the domestic incorporation of international jurisdiction.
The group received the Police Forces Bill of 2007, Chapter II of which deals with general
principles and objectives regulating the work and professional duties of police officers and
specifically relating to the rule of law and human rights. Chapters IX and X deal with the
operation of police courts, as well as offences, contraventions and punishment of police officers
in case of violation of professional duties.
See also information provided by the Government and other sources as well as the
assessment with respect to recommendation 3.1 and 3.2.
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