A/HRC/6/19 page 91 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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