A/HRC/36/63
international treaties. In 2015, the Ministry of Justice issued a decree, pursuant to Council
of Ministers Decree No. 140 on the national reform programme, by which it established a
committee to review a number of pieces of legislations, in particular the Criminal Act 1991.
The committee, which is composed of former judges, human rights specialists and
academics, is tasked to make the necessary amendments to the legislation in order to
comply with international standards.
67.
To date, the Independent Expert notes with concern that progress in harmonizing
national laws with international human rights instruments ratified by the Sudan has moved
at a slow pace. In that regard, the National Security Act 2010, the Criminal Act and
Criminal Procedure Act 1991, the Press and Printed Materials Act 2009, the Voluntary and
Humanitarian Works Act 2006, the 1997 Emergency and Public Security Act and the
Public Order Regime, among others, should be amended and/or repealed in order for the
Sudan to comply with its international obligations.
68.
During the Independent Expert’s meeting with the Legislative Committee of the
Parliament, he received assurances that the process for the amendment of the National
Security Act 2010 and the Criminal Act and Criminal Procedure Act 1991 would be
completed with a view to ensuring their compliance with international standards. In
particular, the Independent Expert is of the view that bringing the powers of the National
Security Service in line with international standards — the National Security Service being
a governmental body operating as an intelligence agency focused on information gathering,
analysis and advice to the Government — would help to improve the human rights
environment in the Sudan.
69.
The Independent Expert calls on the international community to provide technical
assistance to the Government and National Assembly of the Sudan to ensure that the
legislation reform process is conducted in a coherent and efficient manner.
B.
Institutional arrangements and democratic reforms
1.
Rule of law and administration of justice
70.
A transparent legal system that is accessible to all is fundamental to a constitutional
democracy. The fair, independent, impartial and transparent administration of justice is a
critical component of a society that is based on the rule of law. The rule of law requires that
all persons, institutions and entities, public and private, including the State itself, are
accountable to laws that are publicly promulgated, equally enforced and independently
adjudicated and that are consistent with international human rights norms and standards.
71.
Article 124 of the Sudan Interim National Constitution sets forth the basic structure
of the Sudan judicial system. It states that “[t]he National Judiciary shall be structured as
follows: (a) the National Supreme Court; (b) National Courts of Appeal; (c) other national
courts, which includes the regular courts, both criminal and civil, 2 special courts, military
courts and rural courts in rural areas that apply customary law to resolve disputes”. In
addition, in chapter 3, article 6, of the Emergency and Public Safety Act (1997) and article
10/E of the Judiciary Act (1986) empower the Chief Justice to establish special criminal
courts and corresponding appeal courts. Those special courts have jurisdiction “over crimes
of particular interest to the State, including offences against the State (such as espionage),
robbery, banditry, killing, unlicensed possession of firearms and anything else considered
as a crime by the head of the judiciary in consultation with the governor of the concerned
state”.
72.
The Independent Expert notes that there is no clear delineation of the functions of
the specialized courts established under the Emergency Law of 1997 and the new Special
Criminal Court for Serious Crimes, which exist concurrently. Both have jurisdiction over
the same crimes and it is unclear which cases are assigned to which court.
2
12
There are three levels of district courts and their jurisdiction is defined in the 1991 Criminal
Procedure Act.
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