A/HRC/6/19
page 88
arrested but do not show individuals who suppose to be prosecuted or convicted. Also no
information was provided with regard to perpetrators, especially those with command
responsibility. Also, findings of investigation committees were not made public. Only
one Committee recommended that victims are to be compensated in Masara- South Darfur State.
During the period under review, the human rights team in North Darfur monitored nine cases
against military soldiers and one case against a SLA soldier in the El Fasher regular courts. In
Kabkabiya, the UN followed three cases against soldiers for an attack committed in 2001. With
the exception of this last case, all the other cases related to personal crimes and were not
committed in the course of the conflict. In the case against the SLA soldier, accused of armed
robbery allegedly committed on 5 April 2007, the conviction was overturned because the
judiciary was implementing a policy of not charging SLA/MM soldiers with possession of illegal
weapons, recognizing that faction’s status as a signatory to the DPA.
In SLA/MM controlled areas, the problems were even more severe. The system relied on
legal advisors that are very poorly trained and who interpreted and applied procedures differently
across SLA/MM controlled areas. Although SLA/MM authorities claimed that they followed
Sudanese criminal laws, there were numerous reported cases of disregard for basic fair trial
standards, ill treatment while in detention, and the use of the justice system to extort money. A
typical problem observed in the SLA/MM-administered areas was the detention of individuals as
a means of pressuring their families to pay a fine. People were often held indefinitely with no
charges pending against them. For example, during a routine visit to an SLA/MM detention
facility in Kafod, in North Darfur, on 21 August 2007, UN staff interviewed two men, one of
them 73 years of age, who had been detained since 26 July 2007 in connection with a murder
case allegedly committed by one of his relatives. The two complained that they had not been
charged with any crime and could not raise the money required to pay for the agreed settlement
while still in detention.
As regards the Investigation Committees, despite the Government’s stated commitment to
end impunity, and the establishment of a number of mechanisms to address crimes in Darfur,
very little progress and results have been achieved. During the reporting period, the Special
Criminal Court for Events in Darfur (SCCED), which was set up in mid-2005, did not hear any
new cases.
With regard to investigatory committees, for which records were not made available to
HROs, in South Darfur the prosecutor and the police showed cooperation and provided
information on progress achieved. In West Darfur, the UN also was able to obtain information on
the committee investigating attacks on Jebel Moon in October 2006.
UN staff did not receive information on any conclusion reached by investigative committee
on the attacks in the Bulbul area in January - March 2007, or any prosecution made with regard
to the case.
UN staff learnt from the Head of the Unit of combating Violence against Women and
Children (Dr. Atiat), during her visit to Nyala in August 2007, that the Ministry of Justice was
going to investigate the December 2006 incidents in Deribat. However, to date no investigation
seems to have been carried out.
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