A/HRC/6/19
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the requirement to notify the family of a person placed under arrest; the prohibition on physical
assault or psychological abuse of prisoners; and compliance with the procedures which safeguard
the dignity of individuals during arrest and guarantee the right to health care and family visits in
accordance with the relevant regulations. Compliance with circular and implementation of
instructions: The present instructions shall be circulated to all security units and national
intelligence units and all members of the security services shall comply with and implement
them. Anyone who breaches them shall be prosecuted and punished in the manner provided for
by law.”
Information orally submitted to the group of experts on 18 September 2007
Order 58/2007 by the Director of Police on treatment of the detainees and prisoners in
4.1.4., 1.4.2. and 1.4.3. contains the following guarantees: prohibition of illegal detention (in
places other than official ones), no physical or psychological aggression of detainees, prohibition
of inhuman treatment; family visits and health care guaranteed; fair trial guarantees, right to have
access to lawyers, the right to be presented promptly before a judicial authority; presumption of
innocence. The Order 58/2007 supplements Article 4 of the Penal Code, which provides for the
following basic principles: presumption of innocence, fair trial, prompt charges, access to
evidence and witnesses, access to lawyers, right to call one’s own witnesses. Several cases have
been brought against officers of the National Intelligence and Security Services (one case in
Khartoum when a detainee was killed); there are three or four other cases. Another example,
which was not directly related to Darfur, but illustrates that all guarantees of detainees under the
authority of NISS have been respected is a case of July 2007, when 27 suspects were detained on
charges of subversive activities, using weapons to cause destruction and organizing a coup; the
suspects including former minister of Interior, another Minister and several members of the
military, Mr Hassanin were detained by the security apparatus. In response a public committee
composed of three judicial officers was set up to investigate this specific case; while in
detention, all suspects could see their families, had access to lawyers and received medical
treatment from their private doctors. The 27 lawyers representing the suspects requested the
Public Prosecutor to renounce the charges, but the Prosecutor refused to proceed on the basis of
existing evidence. 24 statements were taken down, but 3 suspects have disappeared. Regarding
persons detained under the authority of NISS, nine names were given in Sudan’s progress report
submitted to the Group. These were detained in connection with the Kashabar events and all of
them have been freed in the meanwhile. Currently nobody is held under the authority of NISS,
all other detainees are being suspected or accused of having committed criminal offences. After
the Abuja agreement all persons detained in connection with Darfur by NISS were freed.
Suleyman Dzhamous was allowed to travel to Kenya for medical treatment.
Order 57 relates to the legal conditions on jurisdiction. If the complainant is a civilian, the
case will be dealt with before a civil court; if the complainant is a member of police, it will go to
the police court. In general penalties provided by police Code are stricter than those in Criminal
Law. In Northern Khartoum a trial of a police officer who tortured a person to death is on-going
before an ordinary court. In parallel a juvenile court is currently trying three persons previously
working for the criminal investigation unit, suspected of having tortured a person.
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