A/HRC/15/57
has direct bearing on concretely
immunities which in practice have prevented
improving the human rights
prosecution in the regular courts of security
situation on the ground.
personnel, police and soldiers who may have
perpetrated crimes in Darfur. Article 34 (2) of the
Armed Forces Act 2007 provides immunity for
military personnel from criminal prosecution for any
offence committed in the discharge of their official
duties or in compliance with lawful superior orders.
Article 45 (1) of the Police Act 2007 states that
criminal procedures and trial may not be initiated
against any policeman who committed an act deemed
to be a crime during his official duties, except with
permission issued by the Minister of Interior. Article
33 of the National Security Forces Act of 1999 grants
immunity to members of the security forces against
ordinary civil or criminal proceedings for any act
connected with their official duties. Article 52 (3) of
the new NISS Act of 2010 states that no civil or
criminal proceedings may be brought against a
member or associate of the NISS unless upon the
approval of the Director of the Service.
Response of the Government of Sudan
The Government submits that immunities granted
state agents are merely procedural and can be
lifted where a prima facie case has been
established against an individual
3.3
Fully cooperate with the International Criminal Court mandated by the Security
Council to investigate and prosecute international crimes committed in Darfur.
Short-term
• Number of alleged perpetrators of international crimes committed in Darfur handed
over to the International Criminal Court
New amendments to the Criminal Procedure Act
includes a provision that prohibits the institution of
criminal proceedings against any Sudanese national
for any act which may constitute a violation of
international humanitarian law including war crimes,
crimes against humanity, and genocide except before
“the Sudanese Police, General Prosecution and
Judiciary”.
Response of the Government of Sudan
The Government rejects the jurisdiction of the
International Criminal Court
38
No implementation at all, which
has direct bearing on concretely
improving the human rights
situation on the ground.
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