A/HRC/6/19 page 17 Humanitarian access to an unknown number of displaced persons in the Adilla area of South Darfur following fighting between governmental and rebel forces in September continues to be denied. In Haskanita (south-east Darfur), the Government allowed humanitarian access only one month after the alleged rebel attack on 30 September that killed 10 AMIS soldiers. 44. In 2005, several reports indicated that the Government had made no effort to distinguish military from humanitarian aircraft, thus blurring the line between humanitarian activities and Government military operations. The group did not receive any reports of deceptive markings by the Government during the period under review. C. Accountability and justice 45. In response to concerns about widespread impunity for acts of violence against the civilian population in Darfur (recommendations 3.1-3.5), the group received a copy of the draft Sudanese Armed Forces bill of 2007, which addresses the system of military justice, military criminal procedure including investigation, and inquiry and trial. The principle of independence of the military judiciary has been enshrined in a full chapter, which also deals with procedural immunities for the judges concerned. Chapter VIII relates to penalties under courts martial, and part III, chapter I sets out offences and prohibitions on conduct by armed forces personnel. The bill, if adopted, would incorporate, for the first time, key provisions of international humanitarian law into domestic Sudanese law. The group also received the Police Forces bill of 2007. Chapter II of the bill deals with general principles and objectives regulating the work and professional duties of police officers, including references to the rule of law and human rights. Chapters IX and X address the operation of police courts and offences, and the punishment of police officers in cases of violations of professional duties. Neither bill was in force at the time of reporting. They are still pending in Parliament. 46. The Government of the Sudan informed the group about investigations in response to incidents reported publicly by the Office of the United Nations High Commissioner for Human Rights. In some of those cases, investigations had led to prosecution. Limited investigations had been conducted into three incidents: attacks in Bulbul area, South Darfur; attacks on the village of Deribat and eight other villages along the road from Kutur to Deribat in late December 2006; and the killing of civilians in the area of Buram, South Darfur, in October 2006. In the Buram case, prosecutions were ongoing at the time of reporting, but no perpetrators had actually been prosecuted. 47. Legal immunities (recommendation 3.2) have not been abolished, although the Government has taken a number of steps to establish procedures for lifting immunities with regard to the police and the NISS. The group of experts was informed in detail about the procedures for lifting immunity, including those provided for in order No. 57/2007 on the organization of granting authorization procedures issued by the Commissioner-General of the Police on 31 July 2007 (A/HRC/6/7, annex III) and the instructions from the Director-General of the NISS of 12 August, issued pursuant to article 73 of the National Security Forces Act of 1999, as amended in 2004. The group also took note of the fact that the draft bills mentioned above (para. 45) would not change the discretionary nature of decisions to lift immunities, even in cases of serious violations of human rights. In particular, it took note of article 34 of the Sudanese Armed Forces bill, which was pending in Parliament, and provides that no act committed by any officer or soldier in good faith in the course of his or her duties shall be deemed an offence.

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