A/HRC/6/19
page 55
Assessment of Implementation of Recommendation 1.3.1
Implementation has started in North and West Darfur with UNICEF support.
Recommendation 1.3.2 Mid-term
Undertake timely adoption of national legislation for the protection of children, and ensure the
implementation of this legislation. Ensure the rigorous and systematic investigation and
prosecution of violations against children to address the prevailing sense of impunity for such
violations.
Indicators: Adoption of national legislation for the protection of children. Number of cases of
violations against children investigated and prosecuted.
Response of the Government of the Sudan on Recommendation 1.3.2
Written information submitted to the group of experts on Darfur on 21 August 2007
On 3 May 2007, a Nyala court sentenced defendants Abd al-Rahman Zakariya and Ahmad
Abdullah Sulayman to death for murder and robbery. The appeal court overturned the death
sentences on 10 June 2007, because the two defendants were less than 18 years of age when they
committed the crime. It ordered that they be placed in a reformatory.
At a regular session held on 20 March 2006, the Azhari Criminal Court, which was hearing
the Suba case involving an attack upon a police station and the killing of 16 policemen, referred
three of the defendants, who were minors, to a juvenile court and discontinued trial proceedings.
The Dukkah General Criminal Court in Qadarif, in eastern Sudan, convicted a woman
called Fatimah Adam Yahya and sentenced her to death under Article 130 (premeditated
murder). Since there were legal documents to prove that the woman was a minor, the Advisory
Council wrote to the Department of Legal Assistance to submit an appeal to the Constitutional
Court to annul the sentence.
The Damazin General Criminal Court convicted a man called Najm al-Din Qasim
al-Sayyid and sentenced him to death under article 130 (premeditated murder). Counsel for
Mr. Al-Sayyid appealed the verdict on the grounds that his client was less than 18 years of age
when he had committed the crime. The appeal court ordered a medical examination to determine
what age the convicted man was when the offence was committed. The results of the
examination supported the verdict of guilt and the sentence and a higher court also upheld them.
Counsel for the convicted man appealed to the Constitutional Court, which was still hearing the
case. Three of the five judges have delivered their opinion in writing.
A workshop on juvenile justice was held on 26-27 June 2007 in cooperation with
Children’s Rights Monitor and the United Nations Gender Unit. The workshop was designed for
judges and prosecutors and 50 participants were given training.
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