A/HRC/6/19
page 68
Response of the Government of the Sudan on Recommendation 1.4.2
Written information submitted to the group of experts on Darfur on 21 August 2007
The Department of Public Prosecutions received 33 suspects and after making preliminary
inquiries charged 8 of them, pursuant to criminal indictment sheet No. 138/2007, under the
following articles of the Criminal Code of 1991: articles 21 (association), 24 (criminal
conspiracy), 25 (incitement), 26 (aiding and abetting), 50 (violating the Constitution),
51 (incitement of war against the State), 57 (entering and photographing military sites),
58 (incitement to sedition) and 60 (using military uniforms and symbols), articles 18 and 26 of
the Weapons and Ammunition Act and articles 5 and 6 of the Counter-Terrorism Act. The
Minister confirmed that the accused were receiving excellent treatment.
Information orally submitted to the group of experts on 18 September 2007
Regarding unofficial places of detention the Government replied that the Constitution of
1998 prohibited detention outside official places of detention unless these were established under
the National Security Law. The Guidance of the Director General of the National Intelligence
and Security Service and of 12 August 2007 was not issued in response to an existing situation
and no illegal places of detention needed to be closed. The security services have their official
places of detention, supervised by the Prosecutor.
With regard to reports of ‘ghost house’s’, an investigation into the issue showed that some
militias with whom Sudan signed peace agreements had illegal places of detention in Khartoum.
The Government identified these places and closed them down. Last week, reacting to
information about weapon cashes, the police raided the place. Reports that official authorities
had secret places of detention have not been confirmed. Currently there are therefore no
unofficial places of detention in Sudan under the authority of NISS.
Written information submitted to the group of experts on Darfur on 30 October 2007
The Government submitted to the group of experts on Darfur a list of detainees in Darfur
which indicates that there were 70 detainees between 1 June and 30 October 2007, in particular,
41 in South Darfur and 29 in West Darfur. The Government stated that most detainees were
released and remained in detention for periods between 10 days to two months. Seven detainees
were referred to the Attorney General and one to the Police. Ten detainees remained in detention
when the document was submitted to the group of experts.
Information Received from Other Sources on Recommendation 1.4.2
The Group received many reports of secret or incommunicado detention during recent
months. See some illustrative examples which have been recounted above under ‘Information
Received from Other Sources on Recommendation 1.4.1’, in particular those incidents of
incommunicado detention reported to have occurred in South Darfur.
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