A/HRC/6/19
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include three cases of arbitrary detention by SLA/MM and nine cases of ill-treatment in
detention, of which eight by SLA/MM and one by Government military authorities. People of
Darfurian origin in Khartoum reportedly run a heightened risk of being arrested and detained by
officials of the NISS, in particular when they were suspected of being political activists or of
having maintained links with Darfur rebel movements. Those detained by the NISS have
generally been held incommunicado for up to several months and have not been provided with
access to legal counsel. There are consistent and credible reports of torture in NISS detentions.
34. Regarding the recommendation to refrain from detaining anyone incommunicado and to
close all unofficial places of detention (recommendation 1.4.2), the Government of the Sudan
provided the group of experts with a list of detainees in Darfur indicating that there were
70 detainees between 1 June and 30 October 2007, including 41 in South Darfur and 29 in
West Darfur. The Government stated that most detainees had been released and had remained in
detention for periods between 10 days to two months. The cases of seven detainees were referred
to the Attorney-General and one to the police. A total of 10 detainees remained in detention as of
the date when the document was submitted to the group of experts. The Government stressed
that the police kept registers of all persons in their custody on a daily basis and, once the
prosecutor decided that a criminal case should be opened, a case diary would be kept, which
could be verified on the ground. It insisted that no unofficial places of detention under the
authority of the NISS existed. Investigation into the issue of unofficial places of detention
showed that some militias with whom the Sudan had signed peace agreements had illegal places
of detention in Khartoum but that they had been closed in the meantime. The group notes this
information as well as documented reports by the United Nations alleging the detention of
individuals either incommunicado or in unofficial places of detention.
35. With regard to institutional reform of the NISS (recommendation 1.4.5), the Constitution
of 2005 bestows special tasks on the security forces. The Government informed the group of
experts that the corresponding draft law on the national security service was currently under
internal discussion.
36. The group of experts was informed by the Government that key ministries had approved a
recommendation to the Advisory Council on Human Rights on accession to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and that
ratification was under consideration (recommendation 1.4.6).
5. Protection of victims and witnesses
37. The group recommended that human rights monitors have full and unimpeded access to
witnesses and victims of human rights violations; that witnesses and victims should not be
subjected to any violence, reprisals or harassment due to their cooperation with human rights
monitors; and that all necessary and feasible measures be taken to protect witnesses and victims
against violence, reprisals and harassment by third parties (recommendation 1.5.1). In response,
the Government stressed that no witnesses who spoke to UNMIS had been intimidated or
threatened by the authorities. The Government provided the group with information in writing
and orally that pertained to the protection of victims and witnesses as provided by the interim
Constitution 2005, the Evidence Act 1994, the Criminal Act 1991 and the Criminal Procedure
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