to victims. and 2.1.4 × Do not subject humanitarian workers to arbitrary detentions, physical abuse, sexual assaults, and harassment. Issue clear written instructions to instruct authorities at all levels, including military, and any militias under the Government's control in this regard. Publish and widely disseminate these instructions. 4 4 Art 33(b) NSFA 5 Concluding observations of the UN Human Rights Committee: Sudan, UN Doc. CCPR/C/SDN/CO/3/CRP.1 , 26 July 2007, para.9 6 Art 35 (c) CPA 7 Art 19 of the Robben Island Guidelines: [quote]Investigations into all allegations of torture or ill-treatment, shall be conducted promptly, impartially and effectively, guided by the UN Manual on the Effective Investigation and Documentation of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (The Istanbul Protocol).[/quote] 8 The Complainants note that the Respondent State has made an error with respect to this reference intends to refer to article 32(3) of the NISS Act 1999 and not article 31(3)) 1999 which deals with the power of arrest, search and detention of various entities. 9 Remarks by the UN Human Rights Committee on Sudan in 2007, [t]he Committee noted with concern reports suggesting that torture and cruel, inhuman and degrading treatment are widespread in the State Party, especially in prisons and is concerned that such abuse is carried out in particular by law-enforcement officers. Moreover, these law-enforcement officers and their accomplices reportedly very often go unpunished. The Committee regrets that there is no definition of torture in the Sudan's Criminal Code . ( CCPR/C/SDN/CO/3/CRP.1 , 17 July 2007 at para 26 (sic!) × 16. The Committee notes with concern reports suggesting that torture and cruel, inhuman or degrading treatment are widespread in the State party, especially in prisons, and is concerned that such abuse is carried out in particular by law-enforcement officers. Moreover, these law enforcement officers and their accomplices reportedly very often go unpunished. The Committee regrets that there is no definition of torture in the Sudan's Criminal Code. (arts. 2, 6, and 7 of the Covenant) . 10 #10.See the recently published, Amnesty International, Sudan: Agents of Fear: the National Security Service in Sudan (2010) http://www.amnesty.org/en/library/info/AFR54/010/2010/en 11 Statement by the Sudan Media Centre, 9 March 2009 translation by the Complainants. 12 Jawara v Gambia para 32 . 13 Jawara case paras 33 and 34. 14 Jawara case para 33 15 Communication 232/99 John D. Ouko v Kenya (2000) ACHPR para 19 . 16 Communication 215/98 Rights International v Nigeria (1999) ACHPR para 24 . 17 Communication 48/90, 50/91, 52/91, 89/93 Amnesty International and Others v Sudan (1999) ACHPR para 33 . 18 Communication 275/03 Article 19 v Eritrea, ACHPR para 77 . 19 Communication 275/03 Article 19 v Eritrea, para 72 . 20 Similarly in Article 19 v Eritrea the Commission held that the fact that the State of Eritrea has not taken any action means that domestic remedies are either not available or if they are, not effective or sufficient to redress the violations alleged . 21 Communication 87/93 - Constitutional Rights Project (in respect of Zamani Lakwot and 6 Others) v Nigeria (1994) ACHOR (sic!) para 8 and Communication 60/91 Constitutional Rights Project (in respect of Wahab Akamu, G. Adega and Others) v Nigeria (1994) ACHPR para 10 22 Communication 232/99 23 Communication 294/2004 . 24 Sudan Human Rights Organization and Center for Housing Rights and Evictions v Sudan (2009) ACHPR para 255 [sic!] &156 25 See Article 4 × C4. States should ensure that acts, which fall within the definition of torture, based on Article 1 of the UN Convention against Torture, are offences within their national legal systems of the Resolution on Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (Robben Island Guidelines ) adopted by the Commission in October 2002. 19