18. Communication 89/93, submitted by the Association of Members of the Episcopal Conference of East Africa alleges oppression of Sudanese Christians and religious leaders, expulsion of all missionaries from Juba, arbitrary arrests and detention of priests, the closure and destruction of Church buildings, the constant harassment of religious figures, and prevention of non-Muslims from receiving aid. 19. The people of the southern part of Sudan are predominantly Christian or of traditional beliefs, whereas the religion in the north of the country and the regime imposed by the government are Islamic. Shari'a is the national law. 20. The said communication alleges that non-Muslims are persecuted in order to ensure their conversion to Islam. Non-Muslims are prevented from preaching or building churches, and the freedom of expression of the national press is restricted. Members of Christian clergy are harassed, and there are arbitrary arrests of Christians, expulsions and denial of access to work and food aid. The government’s contention 21. The government confirms the situation claimed by the Complainants in respect of the composition of the Special Courts. National legislation indeed permits the President, his deputies and senior military officers to constitute these courts to consist of "three military officers or any other persons or integrity and competence". 22. The government states in its submission of 1st January 1991 that the military courts are not extraordinary because trial is preceded by enquiry; evidence is taken on oath; information obtained during inquiry is not considered as evidence; decisions are taken after listening to the prosecution and defence; the right of appeal is ensured as provision is made for a Military Court of Appeal to be constituted by the assent of the head of state. It consists of three army officers whose ranks are not less than that of Colonel, and shall include an officer from the Judicial Branch of the military; the accused may be accompanied by an advocate or friend. The government further states that the law establishing these tribunals permits the accused to be assisted by an advocate or any other person of his choice, and that the accused has the right to be defended before the special tribunals by a friend agreed to by the court. As regards the military tribunals, the national legislation allows the accused to be accompanied by a friend or lawyer. 23. In the remarks on these communications submitted to the Commission by the Sudanese Ministry th of External Relations, dated 25 April 1999, the Sudanese government attributes a number of the alleged facts to the existence of a rebellion in the southern part of the country and claims that over 90 per cent of the alleged violations took place in areas currently under the control of the Sudanese People’s Liberation Army (SPLA), led by rebel John Garang. It also refers to significant progress th achieved in the eradication of the harmful effects of the war since the signing on 10 April 1996 of the Peace Charter and of the Khartoum peace agreement of 21st April 1997. The Sudanese government indicates that all persons cited in communication 50/91 have been released. As regards the allegations in communication 89/93, the government reiterates its adherence to Article 24 of the Sudanese constitution, which guarantees freedom of faith and worship, and recalls Pope John Paul th II’s pastoral visit to Sudan on 10 February 1993, as well as the conduct in Khartoum of the International Conference on Religions in October 1994. Procedure 24. The Commission undertook an antipodal [sic] examination of the four communications. communication 48/90, filed by Amnesty International, was received by the Secretariat in October 1990. th On 20 October 1990, at its 8 Ordinary Session, the Commission was seized of the communication, th th and the decision on admissibility was passed on 12 October 1991 at the 10 Ordinary Session. th Communication 50/91 was received on 30 November 1991. The Commission was seized of it at its th th 12 Session, held in October 1992. At the 13 Session, held in March 1993, the Commission (after declaring it admissible) decided to combine its procedure with that of communication 48/90. th Communication 52/91, was received on 19 March 1991, and the Commission was seized of it on