A/HRC/6/19
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police member before ordinary courts upon fulfilment of all legal aspects according to the
jurisdiction; otherwise the police member shall be referred to a special police court. If the request
is rejected, the police member shall be referred to a special police court subject to a notification
forwarded to the Ministry of Justice as well as to the complainant. The Directorate General of
Legal affairs shall ensure that the complaint enjoys his/her right of prosecution as well as the
right to appeal before police courts. A monthly report shall be prepared on cases considered
before police courts since a request of authorization has been rejected taking into consideration
that the Ministry of Justice shall be briefed of the decision of the court.
Instructions from the Director-General of NISS: Pursuant to article 73 of the National
Security Forces Act of 1999, as amended in 2004, and further to the memorandum of
understanding between the Government of the Sudan and the Experts Group established pursuant
to Human Rights Council decision No. 4/8, concerning the commitment of the Sudan to the
implementation of human rights standards and principles and of international humanitarian law,
I, the Director-General of NISS do hereby issue the following instructions:
If a member of the security services breaches any of the laws in force and there is prime
facie evidence to justify the laying of charges against him, the security services must surrender
the individual for trial or try him before a permanent security court, which must not be a
summary court, as the law decrees.
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
Regarding immunities, the Delegation clarified that there was no law providing for an
immunity related to members for armed forces. A Criminal Circular issued by the Chief Justice
sets out the various legal proceedings regarding prosecution of members of the Sudanese Armed
Forces. As for the police forces, an article in the police code provides for the immunity of police
officers in the course of his or her duties. However, where a police officer has been accused of
committing a crime in the course of his official duty, the State shall institute legal proceedings
according to Article 47 (primary procedures). The Ministry of Interior can lift the immunity of
police officers and then the judicial process follows its course according to which police officers
can be charged as may be appropriate. The Government emphasised that police immunity was
crucial to the police carrying out their official duties. The Government was in the process of
revising the police code and the national security law, based on the new Constitution. New draft
laws were under ongoing discussion. The Government intends to revise laws according to the
following considerations: the need to prosecute any person committing a crime without any
impediment; the need to protect police officers from groundless accusations at the same time;
and the need to protect the morale of police forces in context of insecurity.
On police and national security, the law provides that where a police officer commits a
crime on official duty, he or shall enjoy immunity, but the immunity has to be and can be lifted
in order for such police officer to be prosecuted.
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