A/HRC/15/57
initiated for the killing of civilians and other human rights violations committed in the
context of those events. The Special Prosecutor appointed by the Government to investigate
crimes committed in Darfur since 2003 and thereafter is yet to lay charges against anyone
as a result of his investigations. On a positive note, on 9 June 2009, two people, including a
member of the PDF, were charged and tried in an El Geneina court in West Darfur for
robbing and shooting an aid worker.
33.
Immunities continue to exist for law enforcement and security agents under various
laws, including the Police and Armed Forces Acts. The new NISS law maintains the
provision granting NISS personnel immunity from criminal prosecution and civil liability
that can only be lifted by the Director of the Service (recommendation 3.2). The
Government has indicated that the immunities are more procedural than substantive, and
that, in practice, a person’s immunity can be lifted where there is evidence to justify
bringing charges against him or her. The law, however, does not make any provision for
remedies for victims of human rights violations committed by the NISS.
34.
The Government of the Sudan has not cooperated with the International Criminal
Court in investigating and prosecuting international crimes committed in Darfur. Indeed,
new amendments introduced to the Criminal Procedure Act included a provision that
prohibits the institution of criminal proceedings against any Sudanese national for any act
that may constitute a violation of international humanitarian law, including war crimes,
crimes against humanity and genocide, except “before the Sudanese police, general
prosecution and the judiciary” (recommendation 3.3).
35.
In the reporting period, the Government made considerable progress in legal reform
to ensure the harmonization of national laws in accordance with the Interim National
Constitution and with the country’s obligations under international human rights law. New
laws, such as the Child Act 2009 and the Press and Printed Materials Act 2009, were also
passed; however, the reform of other laws, such as the NISS law and the Criminal
Procedure Act, failed to meet international human rights standards (recommendation 3.5).
D.
Monitoring implementation of recommendations
36.
Human rights forums were held in Khartoum and Darfur, on 2 and 9 February 2010
respectively, to engage the Government in constructive dialogue on human rights. Both
forums were attended by representatives of the Government, the United Nations, nongovernmental organizations, members of the diplomatic community and the independent
expert. Given its composition and terms of reference, as noted by the Human Rights
Council in its resolution 11/10, the forum serves as a useful mechanism for the exchange of
information and dialogue on human rights concerns.
37.
Human rights monitors continued to be denied unfettered access to detention
facilities and were not allowed to interview victims and witnesses in private. Monitors were
also not granted full access to police records. In spite of the passage of the National Human
Rights Commission Act in April 2009, the Commission is not operational because the
Government is yet to initiate a process to nominate and select its members
(recommendations 4.1, 4.2, 4.3 and 4.7).
38.
The Government did not extend a standing invitation to special procedures during
the reporting period; however, it approved the request of the independent expert to visit the
Sudan and provided full support and assistance to the expert’s mission in January 2010. The
Government also welcomed and fully facilitated the visit to the Sudan of a four-member
delegation from the African Commission on Peoples and Human Rights in late October
2009. The delegation, inter alia, followed up on the Commission’s 2004 fact-finding report
on the human rights and humanitarian situation in Darfur.
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