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GE. 07-14981 (R) 261207 271207



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Response of the Government of the Sudan on Recommendation 1.4.3


^ Written information submitted to the Special Rapporteur during her mission in Sudan from 25 July 2007 to 2 August 2007


Order 58/2007 of the Director of Police on treatment of the detainees and prisoners in pursuance of the Police Forces Act of 1999, states that civilians and detainees taken into the police custodies shall be treated in accordance with the law that provides for them to meet their relatives and lawyers, which is in line with the principle that the accused is presumed innocent until proven guilty. The Order states that the units’ managers shall update and remind the police forces all around the Sudan of the above mentioned implications.


^ Information orally submitted to the group of experts on 18 September 2007


The police keep registers of all persons under their custody on a daily basis. Once the prosecutor decides that a criminal case should be opened, a case diary will be conducted. This can be verified on the ground. It is possible to furnish a list of all persons in police custody to the Group and human rights monitors have access to it.

Information Received from Other Sources on Recommendation 1.4.3


See illustrative examples recounted under information ‘received from other sources’ on recommendation 1.4.1.

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.


Recommendation 1.4.5 Mid term


Ratify Convention Against Torture.


Indicator: Ratification of CAT.

Response of the Government of the Sudan on Recommendation 1.4.5


Written information submitted to the group of experts on Darfur on 21 August 2007


The sector considered of vital importance for national sovereignty (made up of key ministries) approved a recommendation to the Advisory Council on Human Rights on accession to the Convention against Torture.

Information Received from Other Sources on Recommendation 1.4.5


The UN Convention against Torture has not been ratified by the time of writing of the present report.

Assessment of Implementation of Recommendation 1.4.5


By the time of the writing of the present report, there had been no implementation of the recommendation.

1.5 Protection of witnesses and victims





Recommendation 1.5.1 Short term


Ensure that human rights monitors have full and unimpeded access to witnesses and victims of human rights violations, that witnesses and victims are not subjected to any violence, reprisals or harassment due to their cooperation with human rights monitors; and that all necessary and feasible measures are taken to protect witnesses and victims against violence, reprisals and harassment by third parties.


^ Indicator: Number of reported incidents of non compliance.

Response of the Government of the Sudan on Recommendation 1.5.1


Information orally submitted to the group of experts on 18 September 2007


With regard to witness protection, no witnesses have been intimidated or threatened by the Government.


^ Written information submitted to the group of experts on Darfur on 30 October 2007


Information was received on the protection of victims and witnesses and which at the time of writing of the present report, had yet to be translated from Arabic into English. A letter from the Advisory Council for Human Rights states that a large number of victims and witnesses provided testimonies to the human rights monitors in the three States of Darfur. These testimonies appeared in UNMIS Human Rights weekly reports. The ACHR report provides information about meetings with victims with the human rights monitors. The report also states that UNMIS victims were not exposed to rape, attacks or any kind of abuse or questioned by the Police.


The Government provided the group with information in writing and orally that pertained to the protection of victims and witnesses as provided by the Interim Constitution 2005, Evidence Act 1994, Criminal Act 1991 and the Criminal Procedure Act 1991 and stressed that witnesses who have been interviewed by UN human rights monitors had not been victimized. The group, however, did not receive information about the application of these norms and programs to protect witnesses.

^ Information Received from Other Sources on Recommendation 1.5.1


The unpredictable security situation in North and South Darfur has impacted negatively on efforts to monitor and document the human rights situation. In both areas, the upsurge in car jacking incidents targeting humanitarian aid and human rights officers forced the grounding of several road field missions to investigate reports of serious human rights violations. In North Darfur, due to increasing hostilities against peacekeepers, air trips have also been limited. In South Darfur, clashes between Government and SLA/MM factions and insecurity in Kalma camp in Nyala, in addition to recent events in Muhajiria, have halted human rights monitoring activities since the beginning of October 2007 in these regions.





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