A/HRC/6/19
page 74
conclude that article 35 broadens the scope of protection by omitting the reference to the
restriction that this right shall be exercised in accordance with the provisions and procedures laid
down in the law. It can thus be said that the exercise of the right to bring proceedings under
article 35 is not subject to any legal restriction.
Another issue has been the prohibition of publication of news relating to national security,
which was discussed in connection with the case of Amadi Tohar, when security officers stopped
the publication of related news. On 10 September 2007 an Order was issued by the Director of
the National Intelligence and Security Services to stop security officers from visiting the press.
This Order was published in the press.
Written information submitted to the group of experts on Darfur on 30 October 2007
On 30 October 2007, the Government sent the group of experts a number of headlines and
news reports that appeared in Sudanese newspapers about Darfur. Further newspapers were
provided on 15 November 2007.
Written information submitted to the group of experts on Darfur on 1 November 2007
The group received in Arabic a number of documents relating to humanitarian assistance,
voluntary return of IDPs to South Darfur, as well as a number of documents relating to
recommendations 1.6.2 and 2.3 which at the time of the writing of the present report, were being
translated from Arabic into English.
Written information submitted to the group of experts on Darfur on 15 November 2007
The Government provided the group of experts with a stack of Sudanese newspapers
which it said were replete with articles on the human rights situation in Darfur to indicate that
there was a free press operating in the Sudan.
Information Received from Other Sources on Recommendation 1.6.2
Restrictions on freedom of press
UN agencies bodies and programmes operational in Darfur did not observe any effective
action by Government authorities to lift restrictions on the press. The work of newspapers and
journalists remained significantly restricted by the National Press Law, criminal laws, as well as
extra-legal practices.
A number of draft laws remain under the consideration of the Media Information and
Communication Committee of the National Assembly, the parliamentary body in charge of
drafting the new law. The National Assembly was expected to consider new legislation during
the October to mid-December 2007 parliamentary session.
Current laws fail to uphold freedom of the press and are frequently used to stifle freedom
of expression. The 2004 Press and Printed Press Material Act (Press Act) contains numerous
provisions which have been used to curb criticism. The Act does not provide clear guarantees for
the protection of freedom of expression in the media. Vague and ambiguous articles of the Press
Act impose restrictions on the work of journalists and may be used to silence critical reporting.
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