6/7 Interim report on the situation of human rights in Darfur prepared by the group of experts mandated by the Human Rights Council in its resolution 4/8
Document Type: Final Report
Date: 2007 Sep
Session: 6th Regular Session (2007 Sep)
Agenda Item:
GE.07-14192 (E) 240907
UNITED NATIONS
A
General Assembly Distr. GENERAL
A/HRC/6/7 22 September 2007
Original: ENGLISH
HUMAN RIGHTS COUNCIL Sixth session Item 4 of the agenda
HUMAN RIGHTS SITUATIONS THAT REQUIRE THE COUNCIL’S ATTENTION
Interim report on the situation of human rights in Darfur prepared by the group of experts mandated by the Human Rights Council in its resolution 4/8 presided by the Special Rapporteur on the situation of human rights in the Sudan and composed of the Special Representative of the Secretary-General for children and armed conflict, the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Representative of the Secretary-General on the situation of human rights defenders, the Representative of the Secretary-General on the human rights of internally displaced persons, the Special Rapporteur on the question of torture and the Special Rapporteur on violence against women, its causes and consequences1
1 The annexes to the present report have not been edited by the editing unit of the
United Nations Office at Geneva.
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Summary
The group of seven mandate holders (hereinafter “the group of experts”) carried out its task, mandated by the Human Rights Council in its resolution 4/8 (“Follow up to decision S-4/101 of 13 December 2006 adopted by the Human Rights Council at its fourth special session entitled ‘Situation of human rights in Darfur’”), of ensuring the effective follow-up to and fostering of the implementation of resolutions and recommendations on Darfur, as adopted by the Human Rights Council (hereinafter “the Council”), the Commission on Human Rights and other United Nations human rights institutions, as well as the task of promoting the implementation of relevant recommendations of the other United Nations human rights mechanisms, taking into account the needs of the Sudan, safeguarding the consistency of these recommendations and contributing to the monitoring of the human rights situation on the ground. In the present interim report, the group of experts reviews the efforts of the Government of the Sudan to implement the recommendations of the group of experts, bearing in mind that the implementation must be carried out in an ongoing and sustained manner and that the group of experts is due to present a final report to a forthcoming session of Council as requested in Council resolution OM/1/3 adopted on 20 June 2007.
As part of its review process, the group of experts held a meeting in Geneva to consider the responses of the Government of the Sudan to its recommendations and in particular to identify areas of progress achieved, as well as shortcomings that still need to be addressed. These recommendations are entitled “Compilation of recommendations of the experts group to the Government of the Sudan for the implementation of Human Rights Council resolution 4/8”, and are contained in the annex to the report of the group of experts on the situation of human rights in Darfur (A/HRC/5/6). In this document, the group of experts indicated specifically and in as clear and precise a fashion as possible the kinds of action that the Government of the Sudan should take to implement each recommendation. Moreover, the group outlined the steps to be undertaken to implement the recommendations over the short and medium terms. The Government of the Sudan has endeavoured to address these recommendations and to report back to the group of experts in terms of the indicators that were set out in its compilation of recommendations. The group of experts thanks the Government for meeting with it and for its ongoing cooperation in providing information in a spirit of constructive dialogue.
The group of experts underlines its role in assessing the measures taken by the Government of the Sudan to implement the recommendations they have compiled. It will provide the Council with as detailed a description and analysis of the status of implementation as possible in its final report to be presented in December 2007. For several reasons, the group of experts has decided not to present a detailed evaluation of the current state of affairs in relation to the implementation of the specific recommendations in the present interim report. Most importantly it wishes to give the Government of the Sudan the maximum possible time to undertake initiatives responding to its recommendations and to report back on those measures and any impact they may have had. In addition, the group of experts remains keen to obtain as much detailed information as possible from all relevant sources so that it has a more clear and detailed sense of the situation on the ground.
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Nevertheless the group of experts, on the basis of the information so far received, concludes that while certain recommendations have been partially implemented, it is not in a position to report that a clear impact on the ground has been identified. Regarding other recommendations, first steps towards implementation have been taken in some cases, whereas in others, recommendations remain to be implemented. The group of experts regrets that certain short term recommendations were not addressed by the Government at all or, in other cases, information provided was unrelated to them. The group of experts reiterates that the ultimate measure of the Government’s implementation of the recommendations compiled by the group has to be concrete improvements in the human rights situation on the ground in Darfur.
The group of experts reiterates its earlier invitation to all concerned United Nations bodies and agencies, including the Office of the High Commissioner for Human Rights, to provide the necessary support and technical assistance to the Government of the Sudan to assist it in implementing the recommendations of the group of experts, and it encourages donors to continue providing funds in this regard.
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CONTENTS
Paragraphs Page
Introduction .................................................................................................... 1 - 7 5
I. ACTIVITIES ........................................................................................ 8 - 14 6
II. STATUS OF IMPLEMENTATION OF SHORT-TERM RECOMMENDATIONS ..................................................................... 15 - 18 7
III. CONCLUSIONS AND RECOMMENDATIONS ............................... 19 - 25 9
Annexes
I. Plan of the Advisory Council on Human Rights towards implementation of the short-term (July-September) recommendations of the experts group ................................................................. 11
II. Progress report on implementation of the short-term programme - experts group (Human Rights Council) ........................................... 34
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Introduction
1. Arising out of its deep concern over the ongoing violations of human rights and international humanitarian law in Darfur, the Human Rights Council adopted without a vote at its fourth session, on 30 March 2007, resolution 4/8 on the “Follow-up to decision S-4/101 of 13 December 2006 adopted by the Human Rights Council at its fourth special session entitled ‘Situation of human rights in Darfur’”.
2. In its resolution 4/8, the Council decided to convene a group of seven mandate holders “to work with the Government of the Sudan, the appropriate human rights mechanisms of the African Union and to closely consult with the Chairman of the Darfur-Darfur Dialogue and Consultation (DDDC) to ensure the effective follow-up and to foster the implementation of resolutions and recommendations on Darfur, as adopted by the Human Rights Council, the Commission on Human Rights and other United Nations human rights institutions as well as to promote the implementation of relevant recommendations of other United Nations human rights mechanisms, taking into account the needs of the Sudan in this regard, to safeguard the consistency of these recommendations and to contribute to monitoring the human rights situation on the ground” (para. 7).
3. The group of experts is presided over by Sima Samar, Special Rapporteur on the situation of human rights in the Sudan and is composed of Radhika Coomaraswamy, Special Representative of the Secretary-General for children and armed conflict, Philip Alston, Special Rapporteur on extrajudicial, summary or arbitrary executions, Hina Jilani, Special Representative of the Secretary-General on the situation of human rights defenders, Walter Kälin, Representative of the Secretary-General on the human rights of internally displaced persons, Manfred Nowak, Special Rapporteur on the question of torture and other cruel, inhuman or degrading treatment or punishment and Yakin Ertürk, Special Rapporteur on violence against women, its causes and consequences. Mr. Kälin serves as rapporteur for the group of experts. The group of experts has been serviced mainly by the Africa Unit of the Capacity Building Branch, in the Office of the High Commissioner, by the assistants from the Special Procedures Branch to the seven Council mandate-holders that comprise the group of experts, as well as by a coordinator.
4. The group of experts recalls its mandate to ensure the effective follow-up and to foster the implementation of relevant resolutions and recommendations on Darfur in a process of facilitation and dialogue with the Government of the Sudan.
5. The group of experts presented its first report to the Council (A/HCR/5/6) on 13 June 2007. In this report, the group reiterated its concerns regarding the human rights situation in Darfur expressed by the Council in resolution 4/8; identified priority areas for implementation; listed a number of specific recommendations to be implemented in the short or medium term and identified as particularly relevant for improving the human rights situation in Darfur; and urged the Government of the Sudan to implement without delay the
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recommendations it committed itself to put into practice, and to continue its dialogue with the group of experts on the implementation of its other recommendations. Annexed to the report was a compilation of recommendations including relevant time-frames and indicators for assessing implementation.
6. The Council, in its resolution OM/1/3 requested “the group of experts to continue its work for six months and to submit an update to the session of the Council in September 2007 and a final report to the following session of the Council”. The present interim report with its two annexes is submitted in accordance with this resolution.
7. In preparing the present interim report, the group of experts continued to follow the methodology used in its earlier work:
(a) To establish its cooperation and work, in a transparent manner, with the Government of the Sudan and other relevant partners within the international community;
(b) To identify obstacles to the implementation of previous recommendations;
(c) To differentiate short from medium term recommendations with a view to assisting the Government of the Sudan to implement fully the recommendations identified in the annex to its first report (A/HRC/5/6) and to keep the victims of past and ongoing violations of human rights and humanitarian law in central focus, as well as to reduce such violations in future.
I. ACTIVITIES
8. The United Nations High Commissioner for Human Rights, on 20 June 2007, encouraged the principals of United Nations humanitarian agencies active in Darfur to assist her Office and the group of experts in providing relevant information on the implementation of the recommendations which would be reflected in this interim report.
9. The Government of the Sudan, on 24 July 2007, transmitted to the group of experts a document entitled “Plan of the Advisory Council on Human Rights towards implementation of the short term (July-September) recommendations of the experts group”. This plan of action (annex I) lists a series of workshops, training seminars and other activities and identifies the financial needs of the Government of the Sudan for their implementation.
10. On 21 August 2007, the Government of the Sudan submitted to the group of experts a progress report on the implementation of the short term recommendations (annex II) and supplementary information continues to be received.
11. The group of experts met in Geneva from 17 to 19 September 2007 to review the status of implementation. On 18 September, it met with a high level inter-ministerial delegation and representatives from the Permanent Mission of the Sudan to the United Nations Office at Geneva to discuss areas of progress, obstacles encountered, and areas that required the Government’s
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urgent attention.2 On 19 September, it met to take account of the Government’s update and to reflect further upon measures which the Government should adopt to ensure full implementation of the group’s recommendations.
12. In addition, on behalf of the group of experts, the Office of the High Commissioner has actively sought the participation of the relevant human rights mechanisms of the African Union and consulted the Chairman of the Darfur-Darfur Dialogue and Consultation (DDDC). The group of experts received a letter dated 17 September 2007 from the African Commission on Human and Peoples’ Rights (ACHPR), informing it that Commissioner Bahame Tom Nyanduga, Special Rapporteur on Asylum-seekers, Refugees, Internally Displaced Persons and Migrants in Africa was appointed focal point to liaise with the group of experts. The group met with Commissioner Nyanduga on 19 September 2007 in Geneva, exchanged views and information and pledged future cooperation.
13. The group of experts expresses its appreciation to the Government of the Sudan for its excellent cooperation during the period under review; its endeavours to address the recommendations compiled by the group of experts; the timely reporting back to the group; and the very open and constructive dialogue with the high level inter-ministerial delegation and representatives from the Permanent Mission of the Sudan to the United Nations Office at Geneva.
14. The group of experts also thanks the United Nations Mission in the Sudan (UNMIS), United Nations agencies in New York and Geneva and all others, including non-governmental organizations, who provided information on the current status of implementation of recommendations according to the time frame and indicators specified by the group of experts (A/HRC/5/6, annex I).
II. STATUS OF IMPLEMENTATION OF SHORT-TERM RECOMMENDATIONS
15. In line with its previous report to the Council (A/HRC/5/6), the group of experts has been working with the Government of the Sudan with a view to promoting improvements in the human rights situation in Darfur according to the following four principal areas of concern:
2 The inter-ministerial delegation was led by Mr. Abdeldaiem Zumrawi, Deputy Minister of
Justice, and included Dr. Abdelmonim Osman M. Taha, Rapporteur of the Advisory Council on Human Rights, Dr. Hassabo Mohamed Abdelrahman, Commissioner for Humanitarian Assistance, Brigadier General Hassan Hamid Mohamed, Ministry of Defence. The delegation also included Ambassador Ibrahim Margani Ibrahim Mohamed Kheir, Permanent Representative, Ms. Rahma Salih Elobeid, Minister Plenipotentiary, Ms. Igbal Ishag Mohamed Elamin (Second Secretary), from the Permanent Mission of the Sudan to the United Nations Office at Geneva.
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(a) Human rights protection, including protection of civilians and internally displaced persons, protection of women against violence, children and armed conflict, protection against summary executions, arbitrary detention, disappearances and torture, protection of witnesses and victims, and protection of human rights defenders;
(b) Humanitarian access, including protection of humanitarian workers from harassment and attacks, facilitating access to civilians, including those displaced;
(c) Accountability and justice; (d) Monitoring of implementation of recommendations.
16. In order to assess the current status of implementation of its recommendations (A/HRC/5/6, annex), the group of experts considered information provided to it by the Government of the Sudan either in writing or orally during the meeting held on 18 September 2007 as well as other information received. Written updates by the Government are annexed to this report (annex II).
17. The group of experts, in line with its task of presenting an update on ongoing activities, notes certain discrepancies between information provided by the Government of the Sudan and other sources. The group of experts has to rely on a variety of sources to assess whether there have been real improvements as a result of any measures taken. The information received so far from the Government and other sources, including UNMIS and other United Nations bodies, the appropriate human rights mechanisms of the African Union, the Chairman of the Darfur-Darfur Dialogue and Consultation, has not allowed the group of experts to provide the Council with any meaningful and objective assessment of the present status of implementation of the recommendations compiled by the group of experts and the eventual impact of such implementation on the actual human rights situation on the ground.
18. The group of experts will provide the Council with as comprehensive as possible a description and analysis of the status of implementation in its final report in December 2007. For several reasons, the group of experts has decided not to present as yet a detailed evaluation of the current state of affairs in relation to the implementation of the specific recommendations. Most importantly it wishes to give the Government of the Sudan the maximum possible time to undertake initiatives responding to its recommendations and to report back on those measures and any impact they may have had. In addition, the group remains keen on obtaining as much detailed information as possible from all relevant sources in order to get a clearer and more detailed view of the situation on the ground. In this regard, it will make a concerted effort to obtain and analyse pertinent information in the very limited time available before it must submit its final report.
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III. CONCLUSIONS AND RECOMMENDATIONS
19. The group of experts, taking into account the challenges faced by the Government of the Sudan, welcomes its fresh commitment to work with the Council and the United Nations to implement pre-existing recommendations in the field of human rights. It appreciates the high degree of cooperation, flexibility and openness of its interlocutors during the period under review.
20. The group of experts welcomes the efforts made by the Government of the Sudan towards implementation of its short-term recommendations. It concludes that while certain recommendations have been partially implemented, it is not in a position to report that a clear impact on the ground has been identified. Regarding other recommendations, first steps towards implementation have been taken, whereas still other recommendations remain, at least for the present time, without implementation. The group of experts regrets that certain short term recommendations were not addressed by the Government at all or, in other cases, information provided was unrelated to them. The group of experts reiterates that the ultimate measure of the Government’s implementation of the recommendations compiled by the group has to be concrete improvements in the human rights situation on the ground in Darfur.
21. The group of experts is aware of the short period of time that was available to the Government within the framework of this mandate for implementing the recommendations compiled by the group and its limited financial and human resources. In addition, the dynamics of the conflict with an increasing number of armed actors may render the implementation of certain recommendations difficult. It reiterates, however, that these factors cannot be invoked as obstacles for effectively addressing human rights violations in Darfur.
22. The group of experts reiterates its concern about reports of ongoing serious violations of international humanitarian law and human rights by the various parties to the conflict. It emphasizes the obligation of all parties to the conflict to abide by their commitments under international law and to make all efforts to comply with all human rights recommendations that have already been made by various United Nations bodies, as well as to work within the framework of the Abuja peace agreement and other appropriate forums, to comprehensively address the perilous human rights situation in Darfur.
23. The group of experts emphasizes the essential work being carried out by UNMIS human rights monitors and other actors in the field and reiterates that the Government must provide human rights monitors with full and unhindered access to all regions of Darfur, including all places where persons are deprived of their liberty, as well as to investigation records, and that monitors must be allowed to interview victims and persons deprived of their liberty in private.
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24. The group of experts expresses its hope of receiving information relevant to the preparation of its next report from the Government of the Sudan, the appropriate human rights mechanisms of the African Union and the Chairman of the Darfur-Darfur Dialogue and Consultation, UNMIS, other United Nations agencies, programmes and human rights mechanisms, as well as other actors involved in human rights and humanitarian work in Darfur.
25. The group of experts recommends that the Human Rights Council:
(a) Urge the Government of the Sudan to continue and intensify its efforts to implement, without delay, the recommendations compiled by the group of experts in accordance with the specified time frames and indicators (A/HCR/5/6); (b) Call upon the Government of the Sudan to address impunity and ensure that all allegations of violations of human rights and international humanitarian law are duly investigated and that the perpetrators are promptly brought to justice; (c) Reiterate its call to all parties to the conflict to put an end to all acts of violence against civilians, with special focus on women, children, the elderly, persons with disabilities, and internally displaced persons, as well as humanitarian workers;
(d) Invite relevant United Nations bodies and agencies, including the Office of the High Commissioner for Human Rights, to provide the Sudan with support and technical assistance, in accordance with assessed needs, for the implementation of these recommendations;
(e) Call upon donors to provide, on the basis of needs assessment, funds for this support and technical assistance.
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Annex: I
In the name of God, the Merciful, the Compassionate
Advisory Council on Human Rights
Plan of the Advisory Council on Human Rights towards implementation of the short term (July-September) recommendations of the experts group
1. Advisory Council (Sub-Committee on Human Rights):
1 Workshop on the independence and impartiality of the judiciary, public prosecutors and lawyers.
To encourage knowledge and awareness of the importance of the independence and impartiality of the legal professions, in order to ensure the rule of law; to effectively protect basic rights and freedoms; and to allow the participants to study the international and regional legal rules and principles governing these professions.
Judges, members of the prosecution service, lawyers.
60 August (2 days) 60,000 pounds - Hall rental + Other workshop expenses + Speakers’ fees + Travel and accommodation for speakers + Office materials + Meals for 2 days + Information + travel of participants.
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2 Training course on the right to a fair trial: pre- trial detention and imprisonment until the stage of definitive conviction.
For the participants to study the international criteria in vigour as regards the right to freedom and safety; to clarify the procedures that should be undertaken to protect the rights of detained or imprisoned persons; to disseminate awareness among police, judges, prosecutors and lawyers of their basic role in enforcing the rule of law and the principles of fair trial.
Police officers, judges, members of the prosecution service, lawyers.
80 August (3 days) 80,000 pounds - Hall rental + Other workshop expenses + Speakers’ fees + Travel and accommodation of speakers + Office materials + Meals for 2 days + Information + Travel of participants.
3 Seminar on the Convention against Torture and other Cruel, Inhuman or Degrading Punishment.
The goal is to give impetus to efforts towards accession to the Convention; to work to provide suitable protection to all from torture and similar forms.
Police officers; security service; judiciary; prosecution service.
60 September (2 days)
Hall rental + Other workshop expenses + Speakers’ fees + Travel and accommodation of speakers + Office materials + Meals for 2 days + Information + Travel of participants.
4 Study grants in the field of Human Rights (Diploma/Masters).
To increase the knowledge and competences of candidates working in professions related to the promotion and protection of human rights.
Legal advisors 4 - -
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5 Workshop on human rights issues.
To exchange views, competences and knowledge to encourage thinking and understanding of issues regarding the promotion and protection of human rights.
Ministers, deputy- ministers, advisors, lawyers, Supreme Court judges, officers in the security service and police.
15 September 100,000 pounds - Hall rental + Other workshop expenses + Speakers’ fees + Travel and accommodation of speakers + Office materials + Meals for 2 days + Information + Travel of participants.
6 Workshop on national human rights institutions.
To work to create effective and independent national institutions working to promote human rights.
Advisors; Members of Parliament; lawyers.
30 August 20,000 – Hall rental + Other workshop expenses + Speakers’ fees + Travel and accommodation of speakers + Office materials + Meals for 2 days + Information + Travel of participants.
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2. Advisory Council (Sub-Committee on Women):
1 Seminar debating the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, in cooperation with the Women’s Union and the Human Rights Unit of the United Nations Mission in Sudan.
To accede to the Protocol. Legal officials; judges; lawyers; representatives of concerned Government parties; civil society organizations.
110 July 400,000
2 Training workshop on Human Rights in cooperation with the Human Rights Office of the United Nations Delegation.
To raise awareness of human rights generally and of women’s rights in particular.
The women and members of the justice system responsible for implementing the law.
40 August 400,000
3 Violence against Women: National, International and Regional Laws – in cooperation with the United Nations Population Fund.
To combat violence against women and examine the extent to which the law complies with international criteria regarding women.
Concerned government parties; judges; lawyers; civil society organizations.
100 September 700,000
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3. Advisory Council (Sub-Committee on Children):
1 Workshop on the Convention on the Rights of the Child and International Labour Organization Conventions 138 and 182 on Minimum Age and on the Worst Forms of Child Labour.
(a) To disseminate awareness of international conventions; (b) To apply them and ensure compliance with relevant national legislation.
Judiciary; public prosecutors; police offi0cers from various units.
50 In cooperation with the Ministry of Workforce
10,000 pounds
2 Workshop on the Children’s Act 2004 and the 2006 Draft Law.
(a) To shed further light on the Act in the light of recent developments; to attempt to close any gaps; (b) To compare the 2004 Act with the 2006 draft law.
1. Members of Parliament; 2. Civil society organizations
50 Women and Children Committee of the National Assembly
10,000
3 Workshop on the demobilization, disarmament and reintegration into society of child soldiers.
1. To encourage and protect the rights of children; to integrate them into society; 2. To disseminate awareness of the dangers of child soldier recruitment, and of its impact on the physical and mental health of children.
Regular forces from various units
50 Disarmament Commissariat.
10,000
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4. Advisory Council (Sub-Committee on International Reports):
1 Training course on Reporting to Treaty Bodies, in cooperation with the Khartoum International Centre for Human Rights
To train the participants in preparing periodic reports in accordance with the terms of the various Treaties; to acquaint them with the guiding principles issued to assist States in this regard.
Legal advisors; persons involved in preparing reports from the various ministries.
15 August 20,000 pounds
2 Training course on presentation, negotiation and writing skills
To equip the participants with the basic skills necessary to present reports and lectures, and with oral and written language skills.
Advisors; persons involved in preparing and presenting reports.
15 September 20,000 pounds
5. Advisory Council (Sub-Committee on Criminal Justice):
1 Training course on international criteria regarding criminal justice.
To make the justice system better aware of international criteria regarding criminal justice.
Public prosecutors, judges, lawyers.
25 August 20,000
2 Training course on criteria regarding criminal justice at the trial stage
To make judges better aware of the international criteria for criminal justice
Judges, public prosecutors.
25 August 25,000
3 Training course on international criteria regarding criminal justice at the pre-trial stage.
To ensure that national practice complies with national and international criteria regarding criminal justice.
Law Forum (Police); security services; military justice system.
25 September 25,000
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4 Monitoring of the availability of the relevant printed and electronic legal resources; dissemination among concerned parties.
To follow up recent international and regional developments; to link national practice with regional and international criteria.
Public prosecutors; judges; those responsible for applying the Law; lawyers.
Provision of 1000 printed and electronic copies of the training manual on human rights in law enforcement.
July, August, September
10,000
5 Provision of statistics regarding notifications, detainees and prisoners.
To examine the reality of the nature of crimes, their rate of increase and their impact.
The General Directorate for Prisons and Reform; prosecution services; police divisions.
July, August and September 2007
10,000
6 Cooperation with concerned parties in providing legal aid for defendants.
To ensure that all defendants and convicts enjoy legal assistance and can lodge complaints.
Legal Aid Directorate, prisons.
July, August and September 2007
7 Organization of visits to prisons and places of custody; presentation of comments and recommendations that could contribute to improving standards.
To examine the extent to which all defendants and convicts enjoy the safeguards of criminal justice.
Police divisions, prisons.
August and September 2007
10,000
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6. Advisory Council (Sub-Committee on International Humanitarian Law):
1 Workshop on the Principles of International Humanitarian Law.
To disseminate and raise awareness of international humanitarian law.
Judges; advisors; lawyers; civil society organizations; members of the media professions; regular forces.
60 During August 10,000 pounds
2 Week of International Humanitarian Law, in cooperation with the International Committee of the Red Cross.
To raise and disseminate awareness.
1. Regular forces: 20 participants; 2. Organizations working in the field of international humanitarian law: 20 participants 3. Various legal professions (judges, advisors); university lecturers.
60 During September
40,000
7. Advisory Council (Sub-Committee on Freedom of Opinion and Expression):
1 Workshop on the press and journalism.
For all interested parties to reach a common understanding and discuss obstacles.
Judges; prosecution service; editors-in-chief; journalists; Press Council.
40 September (2 days)
50,000
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State Committees to Combat Violence against Women:
1 National workshop to put into practice the Action Plan to Combat Violence against Women in Darfur in keeping with the indications of Security Council Resolution 1325, liaising with the Gender Unit of the United Nations Mission in Sudan.
To raise awareness of the plan and put it into action on a national level.
Took place on 14/06/2007.
Costing for 1 workshop • Hall rental 1,000 • Other workshop expenses 2,000 • Speakers’ fees – 2 x 1,000 2,000 • Office materials 1,000 • Meals for participants for 2
days – 2 x 20 x 100 4,000
• Local transportation 2,000 • Publicity 1,000 • Administration 1,000 • Hidden costs 1,000 • Total cost for 1 workshop 15,000 • Total cost for 3 workshops –
3 x 15,000 45,000
2 3 workshops to elucidate and put into practice the Action Plan to Eliminate Violence against Women in Darfur: 1. Fashir (North Darfur); 2. Niyala (South Darfur); 3. Geneina (West Darfur)
To raise awareness of the National Plan to Eliminate Violence against Women; to put it into action on a provincial level; to put in place provincial plans.
July-September 2007: Fashir, Niyala, Geneina.
• Travel for 2 speakers from Khartoum to Fashir, Niyala, Geneina, return tickets
5,280
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– 2 x 3 x 880 • Accommodation and meals
for 3 days in each place for 3 speakers – 2 x 3 x 3 x 250
4,500
• Office materials 3,000 Sub-total 12,680
Grand total – 12,780 + 45,000 67,780 3 Public announcement of
commitment to implement the National Action Plan to Eliminate Violence against Women in Darfur.
To affirm the State’s commitment to implement the National Action Plan to Eliminate Violence against Women in Darfur.
July 2007
4 Printing of 3,500 publications on the plan, and dissemination in the centres and provinces: 1,000 publications for each Province; 500 publications for the centre.
To raise awareness of the Plan, especially on a local level.
July to September; Centres and provinces.
5 Putting in place of a Media Plan through the media on a national level and in the 3 Provinces of Darfur (Media Plan).
To raise awareness of the Plan on every level, and to raise awareness of how violence against women can be eliminated; To raise awareness of issues to do with violence against women, both in terms of
The Plan has been put in place for implementation on a national level and in the provinces of North, West and South Darfur – July to September 2007:
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2 episodes in Darfur – 18,000 x 2 36,000 Hour-long television programmes on women and violence issues on a weekly basis, 6 episodes; 4 episodes nationwide – 8,000
x 4 32,000
2 short films;
2 films – 8,000 x 2
16,000
2 workshops on violence issues for members of the media professions: - The first workshop is for 20 producers over 4 days; - The second workshop is for 20 actors over 4 days;
7,500 x 2 15,000
statistics and of the nature of that violence;
To disseminate knowledge of the types of violence, of the ways in which it can be eliminated, and of how victims of violence can be helped legally, socially and psychologically; To correct misconceptions about violence in Sudan, particularly in international societies.
Field research on the idea of violence and specialized knowledge of women’s issues: - 1 research project in Khartoum, 1 in Darfur
2,500 x 2 5,000
Grand total: 104,000
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Travel costs for 2 experts to visit the 3 Provinces – 3 x 2 x 880
5,280
Transportation on a local level – 2 x 100 x 3 x 3
1,800
Speakers’ fees- 2 x 3 x 3 x 500 9,000
Meals for 3 days at each locality – 2 x 3 x 3 x 3 x 250
13,500
Office materials 1,000 x 3 x 3 9,000
Publicity 2 x 3 x 3 1,800
Various expenses for 9 workshops – 3 x 3 x 2,000
18,000
6 9 training workshops in the Darfur Provinces: 3 workshops in North Darfur – localities of Kabkabia, Mallit, Kutum; 3 workshops in West Darfur – localities of Zalinji, Jbeil, Tirteni; 3 workshops in South Darfur – localities of Niyala, Kass, Deain
To draw attention to Circular no.2 of the Minister of Justice; to how to comply with its contents; and to legal compensation for rape victims: • To draw attention to the
locations of health centres where Form 8 can be found;
• To draw the attention of health workers to Circular no.2 of the Minister of Justice, and then to work towards encouraging displaced persons to demand their legal rights;
• To stress the importance of providing Form 8, targeting policemen and women; the judiciary and legal professions; the media professions; displaced persons; local leaders working in the field of health; African Union representatives; national and global civil society organizations
July to September – the 3 Darfur Provinces
Total 74,580
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1. Office supplies 1,000 x 3 3,000
Local transportation – 1,000 x 3 3,000
Information programmes – 5,000 x 3
15,000
Printing of stickers and posters – 4,000 x 3
12,000
Prizes for winners – 4,000 x 3 12,000
7 Awareness programmes on violence against women and how it can be eliminated, taking place in schools in the Darfur Provinces:
(a) North Darfur, localities of Kutum, Kabkabia, Fashir;
(b) South Darfur: localities of Niyala, Deain, Kass;
(c) West Darfur: localities of Zalinji, Mukjar, Kerenek.
Number of primary schools: 4 girls’ schools and 4 boys’ schools in each locality. Number of secondary schools: 2 girls’ schools and 2 boys’ schools in each locality.
To raise awareness of the problem among pupils; to draw attention to how it can be eliminated and to the role of pupils in the campaign
July-September in primary schools in the 3 Darfur Provinces: 1. Disseminating information at morning assembly in primary schools;
2. Competitions for schoolchildren, involving knowledge about types of violence and how to find protection, by means of the media;
3. Morning presentations at secondary schools addressing questions and giving out prizes for the winners;
4. Dissemination of stickers and posters to be placed in schools.
Total 14,000
Hall rental – 2,500 x 3
7,500 8 Training 270 female workers for civil society organizations in the localities of Darfur to
To increase the number of trained female workers in civil society organizations on a local and village level.
3 workshops in the 3 Darfur Provinces over 5 days – July to September, in the Darfur
Office materials – 5,500 x 3 16,500
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Publicity and documentation – 3,00 x 3
9,000
Speakers and those presenting papers – 4,000 x 3
12,000
Local transportation 5,000 x 3 15,000
provide psychological,
social and health support to rape victims:
• 90 trainees from localities in North Darfur;
• 90 trainees from localities in West Darfur;
• 90 trainees from localities in South Darfur.
Provinces.
Total 60,000
National Group fees for periodic meeting – 12 x 100
1,200
Office and printing materials – 1,000 x 3
3,000
Administration – 1,000 x 3 3,000
9 Formation of a National Working Group composed of around 12 members from the staff of the State, United Nations, and national and global humanitarian organizations, with the aim of undertaking field visits to evaluate the work of the Committees. The group should meet every 3 months to follow up the proceedings.
To evaluate and promote the work of the Committees.
July to September
Total 7,200
10 Visits to the Darfur Provinces by the
To evaluate and promote the work of the Committees;
July-September Travel for 12 persons to the 3 Provinces – 880 x 12 x 3
1,680
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Accommodation and meals for 3 days in each Province – 12 x 250 x 3 x 3
27,000
Local transportation – 2,000 x 3 6,000
National Group. To follow up the implementation of the Plan and promote joint work by
encouraging the work of the joint Committees; To draw up future plans for the Committees and disseminate these plans via the media.
Total 64,680
Travel from Khartoum to Niyala, Geneina and Fashir for 3 trainers – 880 x 3 x 3
7,920
Local transportation for trainees in the localities – 120 x 100
12,000
Meals and accommodation for trainers for 3 days – 120 x 3 x100
36,000
Office materials – 2,000 x 3 6,000 Administration – 500 x 3 x 3 4,500 Various workshop expenses – 3,000 x 3 x 3
27,500
11 3 workshops in each of Niyala, Fashir and Geneina, in order to train 120 police, women working together with the Ministry of the Interior – 40 policewomen for each Province.
To train female police force members in International Law, in Human Rights, in working with rape victims and in carrying out investigations.
August and September - 3 workshops over a 3- day period in Niyala, Fashir and Geneina to train 40 policewomen in each of the Provinces in those localities.
Total 110,
10,000
Printing of 600 copies, 200 for each Province – 600 x 100
60,000
Training of 20 doctors from each Province for 7 days on how to use the booklet – 20 x 3 x 7 x 200
18,000
12 Publication of a Handbook on Medical Treatment for Cases of Rape in a booklet for distribution; training of doctors in the Darfur Provinces in keeping with World Health Organization protocol.
To document medical reports of rape cases and keep them in order to preserve the woman’s right to demand legal compensation at any time; to make the medical reports available to that end.
July-September – Preparation of the booklet • Publication of the
booklet • Training of 20
doctors from each Province on how to use the Handbook Trainers’ fees 5,280
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Travel from Khartoum to Niyala, Fashir and Geneina for 2 trainers
10,500
Meals and accommodation for trainers
42,000
on Medical Treatment for Cases of Rape
Total 124,780
Ministry of the Interior:
1 Issuing of 3 publications.
To draw the attention of police forces to the tasks of human rights observers and to the need to cooperate with them; to make it clear that torture of civilians is forbidden.
For all police forces – Done –
2 Support for the Family and Child Protection Unit
To develop the Unit through support consisting of computer equipment, projectors and video- cameras.
Family and Child Protection Unit
– July to August –
3 Advanced training course on the investigation of the crimes of violence against women and rape.
To train investigators, commissioned and non- commissioned officers, in each of the Provinces.
1. Policewomen 2. Male police investigators
26 policewomen; 26 policemen
July to August 50,000
4 Increasing the number of policewomen in military bases.
To address the issues of violence against women and carry out investigations of rapes.
Policewomen 150 policewomen
July to September
100,000
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5 Training course in investigating child abuse and how to look after with victims: psychological and social preparation.
To prepare investigators working in Family Protection Units in each of the Provinces.
1. Policewomen 2. Policemen
30 policewomen; 30 policemen
July to September
50,000
6 Training course on the protection of civilians during conflicts and disasters.
To show how to look after civilians during conflicts and disasters.
1. Policewomen; 2. Policemen
20 policewomen; 50 policemen
July to September
50,000
7 Creation of centres for the Community Police in the Darfur Provinces.
To keep the peace with the participation of civilians.
1. Policewomen; 2. Policemen
– July to September
200,000
8 Training course on the topic of Community Police.
To prepare members of the police force and train them on the tasks of the Community Police.
1. Policewomen; 2. Policemen
50 policewomen; 50 policemen
July to September
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Ministry of Humanitarian Affairs:
Visit to North Darfur, 30/05/2007;
Done
Visit to South Darfur, 30/05/2007;
Done
Visit to West Darfur, 04/07/2007;
Done
1 Re: para.2.1.1 – promoting the joint committee of the Government and United Nations.
• Disseminating understanding of the joint communiqué of April 2007;
• To bring it to the attention of all parties;
• To promote and facilitate all humanitarian operations;
• To strengthen the harmonization and cooperation of the high-level committee with provincial forces and committees;
• To facilitate the work of the organizations and of the United Nations;
• To ensure fast-track procedures are carried out.
(a) Provincial forces; (b) United Nations and the concerned agencies; (c) Foreign organizations working in the domain of human rights; (d) Foreign humanitarian organizations; (e) Opposition movements.
60 persons
Visit to Fashir, Niyala, Geneina, July-August 2007.
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2 Re: para.2.1.4 – compliance with national and international laws, refraining from arbitrary procedures against humanitarian organizations.
1. To affirm the State’s commitment to protecting humanitarian organizations; to give them an opportunity through the joint communiqué; 2. For the Government to affirm and simplify the work of the organizations; 3. To call upon armed parties to cease hostilities against civilians and international aid workers.
Sending of a legal working group to inspect the various camps
July-August
Visit to Fashir, Niyala, Geneina – July-August 2007.
Done
Monthly meetings of the high-level committee.
June-July- August
3 Monitoring of the flow of aid by the high-level committee for the 3 Darfur Provinces.
The committee has been formed by decree in order to: 1. Monitor the implementation of the plan and promote joint work by encouraging the work of the provincial technical committees; 2. To examine on the ground the issues regarding the flow of field operations, and to remedy such problems; 3. To encourage the technical working committees on a provincial and local level, addressing any sticking points; 4. To implement the requirements of the fast-track procedures.
Weekly meetings of the Technical Committee for Humanitarian Aid (on Mondays).
Weekly (Mondays)
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4 3 workshops on: 1. North Darfur; 2. South Darfur; 3. West Darfur.
Aid workers’ camps The justice system; public prosecutors; judges; Foreign Ministry; diplomats working on humanitarian affairs; police; armed forces.
August- September
60,000
5 National Volunteer Day. To strengthen cooperation and mutual understanding; To create affinities between the Government and the United Nations. 1. The Day showed the value of the role of such organizations in Sudan and particularly in Darfur, where humanitarian indicators have become stable. 2. It addressed every humanitarian reinforcement to Darfur.
The following were honoured:
- MSF-France; - MSF-
Switzerland; - MSF-Belgium; - The United
Nations; - The Sudanese
Red Cross; - The private
sector as represented by the company al-Nahla.
The Day was addressed by the President of the Republic, who issued republican decrees honouring 15 international and national organizations, a testament to the State’s recognition of their role.
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National Security and Intelligence Service:
1 Issuing of a publication on all of the rights of imprisoned persons.
To ensure that imprisoned persons enjoy all of their rights as stated in the Constitution and the Law.
All of the organization.
All of the organization.
August –
2 Periodically informing the Advisory Council on Human Rights of all proceedings against the Service.
To affirm that the Service is subject to legal procedures if it should go beyond the powers assigned to it or if the alleged actions should not be connected with official operations.
All of the organization.
All of the organization.
July –
3 The preparation of a training syllabus on Human Rights Law and International Humanitarian Law.
To disseminate a culture of human rights and international law within the Service by addressing the following topics:
1. The legal framework: - Basic concepts in
international law; - Human rights law; - Humanitarian law.
2. Fundamental responsibilities in law enforcement:
- To prevent and investigate crime;
- To keep public order.
All of the organization.
All of the organization.
September 15,000 pounds
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3. Core priorities in law enforcement:
- Arrest; - Detention; - Use of force and
firearms.
4. Groups requiring a sensitive approach in law enforcement:
- Women; - Young people; - Victims; - Refugees and
internally displaced persons.
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Ministry of Defence:
1 Local training course on Human Rights, in cooperation with the Advisory Council.
To disseminate a culture of human rights among the military.
1. Unit leaders;
2. Military legal advisors.
50 officers August 2007 50,000
2 Local training course on International Humanitarian Law in cooperation with the National Committee.
To enhance awareness of, and disseminate a culture of, international humanitarian law.
1. Unit leaders;
2. Military legal advisors.
40 officers August 2007 40,000
3 Local training course on procedures for demobilization and reintegration of child soldiers.
To further disseminate a culture of human rights and international humanitarian law.
Mid-ranking leaders in the Forces.
50 officers September 2007 50,000
4 Training course at the Sanremo Institute in Italy or at the Strasbourg Institute in France.
To enhance awareness of international humanitarian law and of human rights.
Military Justice officers.
3 officers for each course – 15 officers
September 2007 75,000
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Annex II
Advisory Council for Human Rights
Progress report on implementation of the short-term programme - Experts Group (Human Rights Council)
1.1 Protection of civilians, including internally displaced persons
Draft orders to the armed forces were prepared prohibiting all kinds of attacks on civilians, including torture and violence against women, and stipulating that perpetrators of criminal offences will have their immunity waived and will be brought to justice. The draft was reviewed by the Advisory Council for Human Rights and was submitted for signature to the armed forces command.
Another draft was prepared by order of the armed forces command on facilitating the work of human rights monitors and of the ceasefire monitoring committees of the African Union forces.
The People’s Armed Forces Act was approved by the Cabinet. It contains an entire chapter on the principles of international humanitarian law, including the protection of civilians and civilian objects. It makes no distinction between protection during international conflicts and protection during internal conflicts. It also includes provisions on individual liability and the prosecution of persons who commit abuses.
The National Committee on International Humanitarian Law, in collaboration with the International Committee of the Red Cross (Sudan), has set up a foundation course on the principles of international humanitarian law, the protection of civilians and individual liability. The course is designed for the joint integrated units formed pursuant to the Machakos agreement and the Interim Constitution and 30 officers are due to receive training at the joint forces’ headquarters on 26-29 August 2007.
1.1.3 At 4 p.m. on 1 August, the armed forces repelled an attack by a group known as the Sudan Liberation Movement (SLM-Unity) against the city of Adilah and against citizens and their property. The attack struck terror into the people’s hearts. The armed forces forced the rebels to withdraw after 11 of their men were killed.
The armed forces and the police continue to use checkpoints and mobile patrols to secure transport routes and pathways in Darfur.
Checkpoint locations:
(a) Shaqrah;
(b) Dunki Shattah;
(c) Awm;
(d) Taratur Ajabu;
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(e) Shanqal Tubayo;
(f) Al-Kumah;
(g) Umm Drisay;
(h) Umm Attash.
Mobile patrols:
(a) Patrol securing the Al-Fashir Al-Kumah Umm Kadadah road;
(b) Patrol securing the Al-Fashir Niyala road;
(c) Patrol securing the Al-Fashir Katam road;
(d) Patrol securing the Al-Fashir Malit road;
(e) Patrol securing the Al-Fashir Kabkabayah road.
An armed forces committee was set up to assess the losses resulting from the mistaken bombardment of the Al-Ara’is area in the Umm Kadadah district of North Darfur. It established a figure of 35,154,653 (thirty-five million, one hundred and fifty-four thousand, six hundred and fifty-three) dinars to be distributed for those who had been wounded (4 persons), killed (5 persons) or had suffered damage to property (46 persons). The third and final instalment was disbursed on 12 September 2006.
1.1.4 Disarmament Commission
The Disarmament Commission was given 85 tractors with a full range of accessories worth 4 million. They were distributed to a number of areas for use in reintegration programmes.
A census was taken of child soldiers in the Abyi area (150 children). Sixteen children in the town of Waw and 24 children in Bantiyu were reunited with their families.
A census was taken of child soldiers in the state of the Blue Nile in the area of Karmak (227), and the areas of Kassala (270), Qadarif (24) and Sha`iriyah east of Jabal Marra (857).
1.1.5 In implementation of the memorandum of understanding signed between the Sudanese Ministry of the Interior and the African Union Mission, a security plan was established for the displaced persons’ camps whereby internal camp security will be provided by the Sudanese police, while the African Union Mission will secure and protect the areas outside the camps. The following forces are in place:
− North Darfur: 142 officers and 6,353 men of other ranks, securing 20 displaced persons’ camps;
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− South Darfur: 119 officers and 6,148 men of other ranks, securing 25 displaced persons’ camps;
− West Darfur: 114 officers and 5,413 members of other ranks, securing 28 displaced persons’ camps.
The security situation in all the camps is calm. In 2007, there were no security incidents in the camps.
1.2 Protection of women against violence
An important draft declaration (attached) was prepared affirming the State’s determination to implement the plan on combating violence against women in cooperation with the United Nations Mission in the Sudan (UNMIS) and the United Nations Population Fund (UNFPA), and referring to the Security Council resolutions. The draft will be published in the media on 18 August.
Short-term plans were drawn up for the committees concerned with combating violence in the three states and funding was provided for the plans.
On 14 June 2007, a workshop on combating violence against women was held at police headquarters, in cooperation with the United Nations Gender Unit, to reaffirm the commitment to implementing the action plan on combating violence against women in Darfur in accordance with the terms of Security Council resolution 1325 (2000) on women, security and children.
On 17 July 2007, a seminar was held, in collaboration with the Human Rights Section of UNMIS and the General Union of Sudanese Women, on the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa. An analytical paper was presented comparing the contents of the Protocol with the Constitution and domestic laws of the Sudan. The main objective was to involve civil society organizations in taking the decision on signing and acceding to the Protocol. A recommendation was made in that regard.
The Advisory Council for Human Rights is holding a training workshop on human rights and law enforcement (human rights standards in domestic laws; the responsibilities of the police for protecting and promoting human rights; and human rights principles and policing issues), in conjunction with the UNMIS Human Rights Bureau and the Gender Violence Unit. The event is due to be held on 29-30 August 2007, at police headquarters, for 40 women who work in policing.
The draft armed forces circular refers to the criminalization of acts of violence against women, including rape, and to the prosecution of the perpetrators of such acts.
A draft of the terms of reference of the team assessing the work of the gender violence committees in Darfur was prepared (attached).
Joint patrols are still being organized with the African Union at displaced persons’ camps, in order to protect women who go out to fetch firewood.
A/HRC/6/7 page 37
We attach herewith some court rulings issued in 2005 that were not brought to the attention of the Special Rapporteur and the Human Rights Council, together with some rulings delivered in 2006.
1.3 Children and armed conflict
We should like to provide the following examples of legal protection of children:
On 3 May 2007, a Niyala court sentenced defendants Abd al-Rahman Zakariya and Ahmad Abdullah Sulayman to death for murder and robbery. The appeal court overturned the death sentences, on 10 June 2007, because the two defendants had been under 18 when they committed the crime. It ordered that they be placed in a reformatory.
At a regular session held on 20 March 2006, the Azhari Criminal Court, which was hearing the Suba case involving an attack upon a police station and the killing of 16 policemen, referred 3 of the defendants, who were minors, to a juvenile court. The Dukkah General Criminal Court in Qadarif, in eastern Sudan, sentenced a woman called Fatimah Adam Yahya to death under article 130 (premeditated murder). Since there were legal documents proving that the woman was a minor, the Advisory Council wrote to the Department of Legal Assistance to request leave to appeal to the Constitutional Court for an annulment of the sentence.
The Al-Damazin General Criminal Court convicted a man called Najm al-Din Qasim al-Sayyid and sentenced him to death under article 130 (premeditated murder). Counsel for Mr. Al-Sayyid appealed the verdict on the grounds that his client had been under 18 when he committed the crime. The appeal court ordered that a medical examination be conducted to determine the age of the convicted man when the offence was committed. Based on the results of the examination, it upheld the guilty verdict and the sentence, as did a higher court. Counsel for the convicted man appealed to the Constitutional Court, which is still hearing the case. Three of the five judges have delivered their opinion in writing. A workshop on juvenile justice was held on 26-27 June 2007, in cooperation with the Children’s Rights Monitor organization and the United Nations Gender Unit. The workshop was designed for judges and prosecutors and 50 participants were given training. A workshop on the demobilization of child soldiers is being held in September 2007 by the Advisory Council for Human Rights, in conjunction with the Ministry of Defence, the Disarmament and Reintegration Commission and the National Council for Child Welfare, and with the participation and support of UNICEF. The event is designed for 30 members of the regular forces and 30 members of the joint forces. The Advisory Council paid a visit to the Al-Jarif children’s reformatory, which houses 63 children, 13 of them girls. It investigated reform measures and the offences committed by the children, ranging from theft to murder and rape. The Advisory Council helped with the recruitment of a social worker to work at the reformatory. The children were also informed about the Children’s Unit set up at the Department of Legal Assistance to provide assistance in cases involving minors.
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The Advisory Council, in cooperation with the accredited office in the Karari district of the governorate of Omduran, investigated the situation of displaced children; the city has some 30,000 families. It also looked at the provision of basic services.
The Advisory Council, through the committee that deals with displaced persons, participated in a visit to the city of Barkah in the East Nile region, on 13 August 2007, in order to investigate basic services’ provision for children (education, health, security and water). The situation was assessed and recommendations were made to the competent authorities.
1.4 Protection against summary executions, arbitrary detention, disappearances and torture
The Director-General of Police issued order No. 57/2007 (attached) on the procedures for authorizing prosecutions of members of the police. The rules in this regard are set out hereunder:
− The police unit of the police officer concerned must conduct an inquiry into the crime committed independently of the investigation by the Department of Public Prosecutions, in order to verify whether there is prima facie evidence against the officer;
− The General Department of Legal Affairs must submit a memorandum containing a specific recommendation authorizing a trial before an ordinary court, subject to the fulfilment of the legal conditions on the jurisdiction of the courts;
− If the ordinary courts do not have jurisdiction, the accused policeman shall be brought for trial before a competent police tribunal, subject to notification of the Ministry of Justice and of the complainant;
− The Director of the General Department of Legal Affairs must respect the right of the complainant to bring an action and to file an appeal before police tribunals.
The Director-General of Police issued order No. 58/2007 (attached) concerning treatment of persons placed under arrest and of detainees. The contents are described hereunder:
− Civilians and persons being held in police custody must not be subjected to any form of assault or torture. Arrested persons must be treated in a manner consistent with the law, which guarantees them the right to see their family members and counsel, in accordance with the principle of presumption of innocence;
− The General Department of Prisons must afford prisoners treatment that safeguards their rights and brings about their reform and rehabilitation;
− Unit heads must communicate and remind police forces throughout the Sudan of the rules set out above for their information and for action.
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The Director-General of Police issued order No. 59/2007 (attached), concerning facilitation of the work of international monitors, as described hereunder:
− State police chiefs must respect the immunities of members of the United Nations mission who in turn must comply with the laws and local regulations governing their work;
− The General Department of Legal Affairs must provide advice to all police personnel, inform them of the duties of international human rights monitors and follow up on the implementation of these instructions;
− The security services prepared a draft document, which was reviewed by the Advisory Council, stipulating that arrested persons have the right to contact their families and notify them of their whereabouts, the right not to be held in incommunicado detention or to be subjected to acts harmful to their physical and mental health or to torture and the right to be allowed family visits. The draft has been submitted to the director of the security services for approval;
− In 2007, 6 training courses were held for security services personnel, consisting of 14 lectures on human rights principles and international humanitarian law with a focus on guarantees during arrest and the rights of detainees. The courses were run at the security services training institute for a total of 120 officers;
− The national sovereignty cluster (made up of ministries with responsibilities pertaining directly to national sovereignty) approved a recommendation to the Advisory Council on Human Rights on accession to the Convention against Torture;
− Pursuant to an agreement on the rights of non-Muslims concluded in the capital, Khartoum, with the Commission of Non-Muslims and the judiciary, approximately 800 individuals, mostly from the southern states, who had been accused or found guilty of trafficking in alcohol, were released. The Commission undertook to contact the Government of the South to provide appropriate means of livelihood.
1.5 Protection of witnesses
On 13 July 2007, the security authorities arrested Mr. Mubarak al-Fadil and others on charges relating to sabotage and attempting to overthrow the Government. Three days later, the Minister of Justice set up an investigation panel and the accused were placed in detention under the authority of the Department of Public Prosecutions. The investigation panel gave orders for the arrest of political opposition member Ali Mahmud Hassanayn and a group of individuals either currently serving in, or retired from, the armed forces and whose names had been mentioned by the witnesses that had been questioned. The Minister of Justice gave statements to the press on this subject on 12 August 2007. The main points are set out hereunder:
A/HRC/6/7 page 40
− The Department of Public Prosecutions received 33 suspects and after making preliminary inquiries charged 8 of them, in criminal indictment sheet No. 138/2007, under articles 21 (acting as an accessory), 24 (criminal conspiracy), 25 (incitement), 26 (aiding and abetting), 50 (attempting to overthrow the constitutional system), 51 (fomenting war against the State), 57 (entering and photographing military sites), 58 (incitement to sedition) and 60 (using military uniforms and symbols) of the Criminal Code of 1991, articles 18 and 26 of the Weapons and Ammunition Act and articles 5 and 6 of the Counter-Terrorism Act;
− The Minister confirmed that the accused were receiving excellent treatment;
− On 14 August 2007, the family of Mr. Mubarak al-Fadil was given permission to visit him at Kawbar Prison. In the days that followed, family visits were arranged for Mr. Ali Mahmud Hassanayn and Mr. Abd al-Jalil al-Basha;
− Documents supporting the charges against the accused were discovered, including a statement written by one of the accused that was supposed to be broadcast after the attempted coup had succeeded. Some weapons, hand grenades and SIM cards for mobile telephones were also found.
A number of persons were arrested in connection with the disturbances and riots that took place when work began on the construction of the Kabajar dam. The arrests were made pursuant to the National Security Act of 1999. The accused persons received visits from their families and the Bar Association.
Humanitarian assistance and protection of displaced persons
In March 2007, the State announced the implementation of a fast track policy in a joint communiqué with the United Nations which was signed by the Minister of State at the Ministry of Foreign Affairs.
A mechanism was created in March 2007 to monitor inflows of humanitarian aid in accordance with the above-mentioned joint communiqué signed between the Government of the Sudan and the United Nations. Two visits were paid to the states of Darfur, the first on 21-23 April 2007 and the second on 29-30 July 2007. Six meetings were held with foreign voluntary organizations. As a result, all obstacles on the ground were removed.
An annual volunteers’ day was inaugurated on 11 June 2007 and the President of the Republic gave an address expressing the Sudan’s appreciation for the role played by donors and voluntary organizations in improving the humanitarian situation in Darfur.
On the occasion of national volunteers’ day, the President of the Republic (by Presidential Decree No. 168 of 2007) awarded the medal of achievement to a number of national and foreign
A/HRC/6/7 page 41
voluntary organizations (the United Nations Mine Action Office in the Sudan, the Murdi Relief Development organization, Médecins Sans Frontières, the Sudanese Red Crescent Society and the Roots Organization for Development).
With regard to the preparation of areas for voluntary return, the Government is rehabilitating villages by building educational, health and security establishments, following the model used in the villages of Kalmandu and Durayj. The Government’s efforts in regard to the voluntary return of displaced persons have seen 272,696 persons return to their villages, 150,788 of them in South Darfur (44 villages), 75,062 in North Darfur (31 villages) and 46,846 in West Darfur (127 villages).
Attached is a table on spontaneous and voluntary returns in the three states.
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Republic of the Sudan
Ministry of the Interior
Office of the Chief of Police
No.: 17/A/2
Date: 31 July 2007
Order No. 57/2007 of the Director-General
By virtue of the powers vested in me under article 77 of the Police Act and with a view to regulating the procedures for authorizing trials of members of the police, ensuring the prompt conduct of police trials and preventing the conferral of immunity upon the perpetrators of crimes for which such authorization is required, I hereby issue the following order:
Regulation of authorization procedures
1. The unit of the police officer concerned shall conduct an investigation into the crime committed separate from the inquiry by the Department of Public Prosecutions.
2. Once the Ministry of Justice has received a request for authorization, the investigation procedures shall be referred to the General Department of Legal Affairs so that it can verify whether there is prima facie evidence to charge the police officer.
3. The General Department of Legal Affairs shall prepare a memorandum containing a specific recommendation authorizing the officer to be tried before the ordinary courts, subject to the fulfillment of the legal conditions on jurisdiction, or to be brought before a competent police tribunal, should the requisite conditions not obtain.
4. If authorization is not granted to the court, the police officer shall be brought for trial before a competent police tribunal, subject to notification of the Ministry of Justice and the complainant.
5. The Director of the General Department of Legal Affairs shall respect the right of the complainant to file a suit and to appeal to the police courts.
6. A monthly report shall be issued on cases tried before police tribunals because authorization was not granted and the Ministry of Justice shall be notified of their outcome.
7. For information and action.
Issued under my signature on the twenty-first day of July 2007.
(Signed): Mahjub Hasan Sa`d Police general Director-General of the Police
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Republic of the Sudan
Ministry of the Interior
Office of the Chief of Police
No.: 17/A/2
Date: 31 July 2003
Order No. 59/2007 of the Director-General
Facilitation of the work of international monitors
By virtue of the powers vested in me under article 77 of the Police Act of 1999, having due regard to the agreement concluded between the Government of the Sudan and the United Nations on the establishment of the United Nations Mission in the Sudan, and with a view to informing police personnel about the duties and work of international human rights monitors and to facilitating the latters’ work and cooperation with them, I hereby issue the following order:
1. State police chiefs shall take note that members of the United Nations Mission must comply with all domestic laws and regulations governing their work, having due regard to their immunities under treaties.
2. The General Department for Legal Affairs shall advise and inform police personnel on the duties of international human rights monitors and shall follow up on implementation of these instructions.
Issued under my signature on the twenty-third day of July 2007.
(Signed): Mahjub Hasan Sa`d Police general Director-General of the Police
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