A/HRC/7/22
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crimes or crimes against humanity. To date, only 13 cases have come before the special courts1
and they have all involved ordinary crimes such as theft, possession of stolen goods and murders
unrelated to any of the large-scale attacks that have characterized the Darfur conflict. Of the
31 defendants who have appeared before the court to date, 9 were civilians involved in
non-conflict-related activities such as armed robbery, unlawful possession of weapons or murder.
Only one case before the special courts was related to a large-scale attack against civilians in
Tama, South Darfur, in October 2005. The men charged in relation to the attack were found
guilty of stealing property at the site of the attack. No one was found guilty of being part of the
attack or responsible for orchestrating it. One high-ranking official was charged on the basis of
command responsibility but was subsequently acquitted. A total of 10 officials were convicted
by the special courts, but they were all low-level officers. Of these, two military intelligence
officers were convicted for the murder of a 13-year-old boy who died as a result of torture while
in custody. Although the two defendants were subsequently pardoned for the crime under a
settlement reached between them and the relatives of the victim, they were nevertheless
sentenced to two years of imprisonment by the court. The defendants were later released
pursuant to a presidential amnesty decree issued on 11 June 2006 for rebels who had signed
the Darfur Peace Agreement and parties to tribal reconciliation endorsed by the Government.
Two other low-ranking military intelligence officers were also convicted and sentenced to death
for their role in the death in custody of a 60-year-old man. The two men were hanged on
22 April 2007. No one has been found guilty of war crimes or crimes against humanity. The
issue of command responsibility and holding high-ranking officials accountable is effectively
being ignored.
52. The situation in Darfur was transferred to the Prosecutor of the International Criminal
Court by Security Council resolution 1593 (2005) of 31 March 2005. On 27 April 2007, after
two years of criminal investigation, the Pre-Trial Chamber of the International Criminal Court
issued warrants for the arrest of two persons who had committed crimes against humanity and
war crimes. The Court transmitted a request to execute the warrants to the Government of the
Sudan on 16 June. Interpol red notices were subsequently disseminated. On 5 December, the
Prosecutor reported to the Security Council that the Government of the Sudan had not complied
with its legal obligation under resolution 1593 (2005) to arrest and surrender the accused
persons.
53. Humanitarian services continued to be provided despite the obstacles to the majority of the
conflict-affected civilians; however, access to parts of Darfur is very limited owing to increasing
insecurity. As a result, humanitarian operations are unable to travel or are forced to relocate staff,
thereby leaving hundreds of thousands of people in need without access to humanitarian aid.
54. The Arche de Zoé case of alleged child abduction, allegedly involving some children of
Sudanese origin, underscored the importance of international legal instruments on the protection
of the rights of the child, strengthening the rule of law in the region and justice in accordance
with international standards. On 26 December, members of Arche de Zoé were found guilty and
1
Four additional cases were referred to the special courts in Al Geneina, but it did not appear at
the time of writing that the cases would be tried.
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