UN rights specialist Mohamed Othman concerned about Darfur justice
February 11, 2010 (KHARTOUM) – Justice Mohamed Chande Othman, the newly appointed United Nations human rights specialist for Sudan has concluded his first visit to the country and said he is concerned about administration of justice in Darfur. Othman made his address at UNMIS headquarters in Khartoum.
“In Darfur, in spite of the improvement in the security situation, I remain concerned about the serious capacity and resource gaps that continue to affect administration of justice. Access to justice continues to be a major challenge in light of the weak presence of law enforcement and rule of law institutions outside the main urban centers,” said the UN official.
Mohamed Chande Othman was appointed November 1, 2009 as the new UN Independent Expert on the situation of Human Rights in the Sudan. He began his first visit to the country January 23.
“In relation to Darfur crimes, I note with concern that to date very few perpetrators have been brought to trial for crimes committed during the conflict. During my visit, I met with the Prosecutor General appointed by the Government to investigate crimes committed in Darfur since 2003 and inquired about the status of his investigation and prosecution. He informed me that investigations are continuing and that no one has been charged and tried as yet,” he said.
He also cited concerns about the continuing application in Darfur of the Emergency and Public Safety Protection Act, which grants the governors wide discretionary powers of arrest and detention without any effective judicial remedy. He mentioned one case of a group of detainees in North Darfur held since August 2, 2009 without being charged with an offence or brought before a court of law.
During his visit, Justice Othman also met with senior government officials in Khartoum including the Minister of Health, a senior presidential advisor, the Undersecretaries for the Ministries of Justice and Foreign Affairs, senior officials of the intelligence and security agencies, senior police and prison authorities, the Human Rights Committee of the National Assembly, the chairpersons of the Election Commission, the Press Council and the Commission for the Rights of Non-Muslims in Khartoum, political parties representatives, civil society organizations and victims of human rights violations. He visited Kober Prison too, Shalla Prison in North Darfur, and Nyala Central Prison.
The UN rights specialist said, “eight months after the Independent National Human Rights Commission Act was enacted, the Government of National Unity has not as yet appointed the Commissioners. I encourage Government to put in place a transparent process to nominate and select Commissioners and to ensure that the Commission becomes operational. The Human Rights Commission is not only a bench mark of the CPA but also a key national institution for the promotion of human rights especially in countries emerging from conflict.
“I am also concerned about the continued existence of certain provisions in the National Intelligence and Security Services (NISS) Law, the Criminal Procedure Law, and the Public Order Act which infringe fundamental rights. During my visits in Northern Sudan including in Darfur, several cases of alleged violations of human rights including arbitrary arrests and detentions, were brought to my attention. Most of these reports named the National Intelligence and Security Services as the main entity responsible. I encourage the Government to amend these laws and bring them in conformity with the CPA and the INC,” he said.
Justice Othman also addressed human rights violations that occur in South Sudan. He said prisons are inadequate and courts in some areas are non-existent.
There have been questions raised about Othman’s mandate and how he might interprets it. The former UN Panel of Experts chairman Enrico Carisch, who reported to the UN Security Council on the arms embargo on Darfur, claimed that Othman’s mandate was instated after the mandate of the UN Rapporteur Sima Samar “was abolished last summer on the demand of the Sudanese Government and its political allies at the Human Rights Council.” He stated that the Tanzanian justice’s mandate “restricts him to focus only on the work of the Human Rights Forum – a joint operation between the Government of Sudan and UNAMID.”
Othman in his remarks did not address this question directly but said “As I conclude my first visit to Sudan, I am mindful of my mandate which requires me to engage with the Government of Sudan and the various human rights mechanisms in order to effectively and sustainably realize the objective of promotion and protection of human rights in Sudan. In this regard, I look forward to continuing an open, constructive and continuous dialogue with the Government and all relevant parties.”
(ST)