A/HRC/36/63 73. In order to provide meaningful and lasting support in the area of administration of justice, it is important for the international community to consider the rule of law sector in the Sudan in a holistic manner and examine the linkages between the different phases of the justice process (i.e., arrest, start of a judicial procedure, pretrial detention, trial, appeal and imprisonment) and how the different rule-of-law actors function and coordinate with each other (e.g., police, prosecutors, lawyers, judges, court administrators and prison officials). 74. An independent judiciary is essential not only for the adjudication of criminal and civil cases, but also for ensuring that those who hold power may be held accountable in the event of abuse or violations. Judges should be free from coercion, pressure or influence from the executive or other actors in order to render impartial and fair decisions. In that regard, the Independent Expert notes that broad impunity provisions under Sudanese law create obstacles to prosecuting successfully certain categories of Sudanese authorities, including members of the Sudanese Armed Forces and the National Security Service who are responsible for violations of human rights or international humanitarian law. 75. In a report on the status of implementation of the Independent Expert’s recommendations, submitted to the Independent Expert during his mission to the Sudan in May 2017, the Government stated that 76 national security officers and staff had been divested of immunity, prosecuted and sent to trial in 2016 for various criminal offences. Moreover, the Government added that, from 1 January 2016 to 31 March 2017, 46 police officers and Sudanese armed forces personnel had been disciplined and prosecuted for various crimes, including murder and injuries. The Independent Expert welcomed that information and would like to discuss the cases with the relevant Sudanese authorities during his next visit to the country. 76. The Independent Expert would also like to highlight that the role of the courts in the process of harmonization of Sudanese legislation is essential. On the one hand, the courts can interpret national laws in the light of international instruments and ensure the compatibility of both. On the other hand, when necessary, the courts can determine when there is a clear incompatibility between national laws and international standards and issue a declaration of incompatibility. 77. During his meeting with the Chief Justice, high-ranking members of the judiciary and the newly appointed Attorney General, the Independent Expert received requests for technical assistance to those institutions. He was also made aware of the ongoing projects in the Sudan to strengthen the rule-of-law and justice sectors. He appeals to the good offices of donors to increase their funding to the rule-of-law institutions in the Sudan, including by providing sufficient funding for the Joint Rule of Law and Human Rights Programme in Darfur. 2. Support to the National Commission for Human Rights 78. The Independent Expert is of the view that national efforts for the protection and promotion of human rights need to be genuine and credible. In that regard, the establishment of a national human rights commission was seen as a step forwards in the commitment by the Sudanese authorities to enhance the national system for the protection and promotion of human rights in the country. 79. In 2009, the National Assembly passed the National Human Rights Commission Act, and repealed the previous 2004 law. The National Commission for Human Rights began to operate pursuant to a presidential decree in 2012. The Act provides for a relatively broad mandate, and its functions apply across a wide range of human rights activities. 80. Lack of human resources is the most significant capacity issue currently facing the Commission. For several years, the Commission had been led by a Chair ad interim, and the mandates of most of the Commissioners have come to an end. The Independent Expert was informed of the appointment on 16 May 2017 of the Chair of the Commission. He would like to reiterate the important role that can be played by an independent national human rights institution. He encourages the Sudanese authorities to fill the remaining vacant positions for the Commissioners in a transparent and representative manner, and to support the national human rights institution with the funding necessary to enable it to function effectively. 13