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There were numerous large scale attacks on civilian communities during this period.
Descriptions of these attacks indicate that tactics used have been very similar to those used
during the height of the war in Darfur in late 2003 and 2004, characterized by (1) coordination of
operations between the Sudanese armed forces and government-supported militia, (2) failure to
respect the principles of distinction and proportionality, and (3) grave violations of international
human rights and humanitarian law. While precise figures are not available, the United Nations
estimates that 200,000 civilians have been killed as a direct result of the conflict or due to its
devastating impact on access to health care, food and other life essentials.
39.
Rape and sexual violence are widespread across Darfur, including cases of gang-rape.17
Since May 2006 sexual violence has also been reported in intra-tribal attacks. Despite the
well-known patterns of rape of women around IDP camps, the authorities have done little to
diminish the threat or investigate cases reported. Monitoring of the criminal justice system over
the last two years has shown that very few cases of rape are investigated or prosecuted relative to
the number of incidents that occur. Access to justice and prosecution of rape is further
complicated both by cultural and by institutional factors, including the provisions of the criminal
law combining rape and adultery in the same article.18 Women are also attacked in and around
refugee camps in Chad.19
40.
Arbitrary arrest and detention in Darfur by government security forces continue.
Individuals reportedly targeted include lawyers, community leaders and others who work on
17
See, inter alia, Report of the International Commission of Inquiry on Darfur of February,
(S/2005/60) and High Commissioner's Periodic Reports on the human rights situation in the
Sudan including, Access to Justice for Victims of Sexual Violence (29 July 2005)
http://www.ohchr.org/english/countries/sd/periodic_report.htm.
18
Article 149 (1) of the Sudanese Criminal Act of 1991: “There shall be deemed to commit the
offence of rape, whoever makes sexual intercourse, by way of adultery, or sodomy, with any
person without his consent”.
19
We were particularly struck by the stories of rape recounted to us by victims. During our
meeting with roughly thirty women in the camp of Breidjing, we learned of a total of nine rapes.
Five women, who were 15, 17, 20, 21 and 45 years old, respectively, described having been gang
raped in attacks on their villages. Another one while trying to return to her village to recover
things left behind, and one by four Chadians when she left the refugee camp for firewood. The
45-year old woman was married and had eight children. When her husband learned of the rape,
he divorced her. The other four rapes were described by a woman who told us that when her
village was attacked and that she and three other women were surrounded. An old woman was
thrown into a fire and burned to death. The woman telling us the story was being beaten while
the two youngest women were repeatedly raped, and the husband of one of them was killed. She
became pregnant as a result of the rapes and when the baby was born it “died immediately” and
she has been “sick” ever since. All of the women – except for the one raped in Chad – said their
attackers were Janjaweed. When we had first met with the camp's leaders, one of the men talked
about the raping of the women by the Janjaweed. He said, “Especially the raping of women -how can they do this in the name of Islam?
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