A/HRC/6/19
page 69
Assessment of Implementation of Recommendation 1.4.2
Implementation seems to have begun, but because reports of incommunicado detention
continue to be received, it appears that improvements have yet to be felt on the ground. No
information was provided with regard to closure of all unofficial places of detention. There were
reports that many civilians held by Military Intelligence and National Security were not brought
promptly before the judiciary following arrest. A list of detainees was provided by the
Government. However, no documents were provided with regard to whether information was
shared with families of the detainees. Also no information was provided whether civilians were
detained in military installations or elsewhere. There seemed to be persistent ambiguity over
persons detained under national security laws and the extent to which places of detention were
known outside the NISS. Information provided by the Government did not indicate precisely the
place of detention, only the state, for example, ‘South Darfur’ or ‘West Darfur’.
Recommendation 1.4.3 Short-term
Issue and enforce clear instructions that detainees must be provided all guarantees provided for
under international law to ensure they are being lawfully detained and have access to fair trial.
This includes notification of reasons for arrest upon arrest, immediate access to a lawyer upon
arrest, access to family members, and being presently promptly before a judicial authority.
Indicators: Instructions issued and widely disseminated. Number of incidents of denial of such
guarantees.
Response of the Government of the Sudan on Recommendation 1.4.3
Written information submitted to the Special Rapporteur during her mission in Sudan from
25 July 2007 to 2 August 2007
Order 58/2007 of the Director of Police on treatment of the detainees and prisoners in
pursuance of the Police Forces Act of 1999, states that civilians and detainees taken into the
police custodies shall be treated in accordance with the law that provides for them to meet their
relatives and lawyers, which is in line with the principle that the accused is presumed innocent
until proven guilty. The Order states that the units’ managers shall update and remind the police
forces all around the Sudan of the above-mentioned implications.
Information orally submitted to the group of experts on 18 September 2007
The police keep registers of all persons under their custody on a daily basis. Once the
prosecutor decides that a criminal case should be opened, a case diary will be conducted. This
can be verified on the ground. It is possible to furnish a list of all persons in police custody to the
Group and human rights monitors have access to it.
Information Received from Other Sources on Recommendation 1.4.3
See illustrative examples recounted under information ‘received from other sources’ on
recommendation 1.4.1.
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