A/HRC/4/80 page 17 Darfur remains critical and humanitarian space and access in the three regions of Darfur has been rapidly diminishing over the past year. Access has deteriorated to a level worse than in 2004, even as there has been a huge increase in the number of people relying on humanitarian aid. In the last six months of 2006, more relief workers were killed than in the previous two years combined. Just during the month of December 2006, 29 humanitarian vehicles were hijacked and 430 humanitarian workers relocated in all three Darfur states. B. Accountability and justice 46. Although formally, the national court system in Sudan is functional and has jurisdiction over human rights crimes perpetrated in Darfur, these courts have been unable to resolve human rights abuses there. There is an acute shortage of judges and other judicial staff. Although there have been a few exceptional cases of domestic courts charging state officials in cases involving conflict-related crimes, the justice system as a whole is unable or unwilling to pursue justice or prevent attacks, and this is compounded by a general lack of independence and resources, an ill-equipped police force and legislation that protects state officials from criminal prosecution. 47. In the face of growing international criticism over the lack of the rule of law, the fair administration of justice as well as of mechanisms to address impunity in Darfur, the Government of Sudan has announced a number of initiatives. Between 2004 and 2006, it created at least five judicial and quasi-judicial bodies with the mandate to ensure accountability for human rights crimes in the war-torn region. To date, these bodies have had limited results in dealing with the widespread and serious violations committed in Darfur. 48. The first of these bodies was the National Commission of Inquiry established in May 2004 by the President of the Sudan to investigate human rights violations committed by armed groups in Darfur. Reportedly it met over 65 times and listened to 28 witnesses, and made a number of visits to Darfur. But it appears that the Commission did not go beyond recommending “further investigations” into a number of specified incidents.22 49. Ad Hoc Investigatory Committees were established in Darfur in response to incidents of armed attacks against civilians. Nothing significant has come from these initiatives in terms of redress for victims or accountability for perpetrators. In July, the Minister of Justice established by Special Decree the Committees against Rape to look into the issue of rape and sexual violence in Darfur. According to observers, no specific investigations or cases have been brought by the Committee to date.23 Another body known as the Unit for Combating Violence against Women and Children was established under the Ministry of Justice. Though initially hailed as a positive step, it has reportedly not investigated human rights crimes, and has been criticized as ineffective. 22 ICC, Office of the Prosecutor Report, Situation in Darfur, the Sudan. No. ICC-02/05, 27 February 2007. 23 Ibid.

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