A/HRC/6/19
page 19
52. The Government submitted to the group of experts a copy of a letter sent in
mid-October 2007 by the Advisory Council on Human Rights to the Director of UNMIS Human
Rights inviting United Nations human rights officers to visit all detention facilities in Darfur.
The letter does not cover access to places of detention in Khartoum, where people are held for
reasons connected to Darfur. The governmental delegation stressed that no complaints regarding
the application of the letter had been received to date. However, the group was informed by
United Nations sources that the letter had not improved access, which continues to be granted on
an ad hoc basis only. On 24 October 2007, the Director-General of Prisons in Darfur to whom
the human rights team presented the letter when requesting access to Shalla prison in El Fasher
considered the letter “irrelevant”, as it had not been issued by the Minister for the Interior. While
access was previously possible on an ad hoc basis to pretrial detainees in Ardamata prison in
El-Genenia, authorities excluded such access in September 2007 without prior authorization
from the Minister for the Interior. Access to other places of detention in the western part of
West Darfur also remained blocked. In North Darfur, United Nations human rights officers were
in general able to conduct interviews with detainees, although not always in private. The
situation in El Fasher was however completely different. United Nations human rights officers
have not had access to Shalla prison containing over 400 detainees, or Kherkhaniga women’s
prison, since mid-2006. In contrast, access in SLA/MM-administered areas was generally
granted. As regards South Darfur, United Nations human rights officers were allowed to carry
out monthly visits to the NISS detention facility in Nyala and to conduct unsupervised interviews
with detainees. After the visit, the human rights officers were requested to provide feedback on
findings to NISS officers. Access to military intelligence facilities was, on the other hand,
denied. With regard to State-run prison and police cells, United Nations human rights officers
used to enjoy a certain degree of access; however, they have received information that new
instructions were recently issued by the Minister for the Interior in Khartoum, requiring his
approval before access could be provided to the State-run prison. With regard to access to police
cells, human rights officers have had access upon approval by the State Prosecution Office,
although authorization was often difficult to obtain. As in North Darfur, access to SLA/MM
detention facilities was easier.
53. With regard to other recommendations, the group of experts received information from the
Government that the 2006 draft bill for setting up a national human rights commission in
accordance with the Paris Principles was still pending in Parliament (recommendations 4.1
and 4.7). The Government indicated that it would not issue a standing invitation to special
procedures mandate holders (recommendation 4.4), though indicated its willingness to invite
them on an ad hoc basis. It did not provide information regarding the recommendation to set up
systems for recording violations of human rights and ensuring the effective functioning of
documentation centres within the human rights units of the Ministries of the Interior, Defence
and Welfare (recommendation 4.5). As regards the evaluation of the functioning of the state
committees to combat violence against women (recommendation 4.6), a task force with
representatives of the Government and the international community conducted a visit in early
September 2007 and issued a joint report, with recommendations to increase technical and
financial support for the committees, provide needed information and establish mechanisms to
provide health and psychosocial support to victims of violence against women.
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