A/HRC/4/80
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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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