A/HRC/6/19
page 70
Assessment of Implementation of Recommendation 1.4.3
The Order of Director General of Police No. 58/2007 on treatment of detainees and
prisoners of 31 July 2007, and the instructions from the Director-General of National
Intelligence and Security Services of 12 August 2007, contain certain minimum guarantees of
detainees. The group of experts on Darfur concludes that implementation has started in the sense
that orders and instructions have been issued, but incidents have continued to be reported of the
denial of such guarantees.
Recommendation 1.4.4 Mid-term
Ensure institutional and legislative reform of the National Intelligence and Security Services in
accordance with the CPA and Interim National Constitution. In particular, broad powers of
arrest and detention should be reformed (art. 31 and art. 33 of the national security act) and
judicial oversight mechanism established.
Emergency laws should not grant security agencies broad powers to arrest and to restrict
freedom of movement, assembly and expression.
Indicators: National Security reformed in accordance with CPA. Emergency laws repealed.
Number of incidents of harassment, arrests and detention by National Security.
Response of the Government of the Sudan on Recommendation 1.4.4
Information orally submitted to the group of experts on 18 September 2007
With regard to institutional reform of the National Security Service, the Constitution
of 2005 bestows special tasks on the security forces. The corresponding draft law on the national
security service is currently under internal discussion. It will then be transferred to the
Parliament for discussion and adoption.
Information Received from Other Sources on Recommendation 1.4.4
See illustrative examples recounted under ‘information received from other sources’ on
recommendation 1.4.1.
Assessment of Implementation of Recommendation 1.4.4
According to information received from the Government, measures aimed at implementing
this recommendation were under consideration but it seems that the National Security Act was
not reformed in accordance with the Comprehensive Peace Agreement. The group continued to
receive reports of incidents of harassment, arrest and detention by NISS agents as recounted
under ‘information received from other sources’ on recommendation 1.4.1.
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