r\ ACH PR r,CHP . -l African Commission on , (m:m::.~ Human Rights our Collective Responsibility Human and Peoples' Rights primarily alleged to have been committed by soldiers of the SAF with the support of the Popular Defence Forces (PDF) and security forces. 45. Similarly, in Blue Nile, witnesses testified that SAF, militia and national security forces committed human rights violations. The Complainants made reference to Article 52 of the National Security Forces Act 2010,Article 46 of the Police Act 1999 and Article 34 of the Armed Forces Act 2007 which provide immunities for these officials, including soldiers, for any acts committed in the course of their duties. The immunities shield these officials from criminal prosecution and any civil suits unless the head of the respective forces, or in case of the Armed Forces, the President of the Republic, approves such legal action. Specifically, Article 34 (2) of the Armed Forces Act of 2007provides that: No proceedings shall be taken against any officer, or soldier, who commits an act, which constitutes an offence, which occurs in the course, or by reason of his/her discharge of his/her duties, or carrying out of any lawful order, issued thereto in this capacitv thereof, and he/she shall not be tried, save upon permission, issued by the President of the Republic, or whoever he may authorize. 46. The Complainants averred that any complaint regarding crimes committed by a member of the security forces or soldier cannot therefore be pursued without impediment, as their immunity would need to be lifted for any investigation to proceed. Furthermore, they state that there is no judicial or administrative procedure in place that would enable victims in the present case to compel, the relevant authorities or the President of the Republic, in relation to violations committed by members of the SAF, to waive immunity and undertake a full criminal investigation. The Complainants submitted that waiver of immunity is therefore entirely discretionary and immunity is rarely lifted in practice. 47. According to the Complainants, the most recent government campaign against human rights activists, lawyers, journalists, marginalised communities and individuals believed to be members of the opposition in Sudan extends to South Kordofan and Blue Nile. The Complainants submitted that the Darfur Relief and Documentation Centre reported on 8 March 2012 that an "unknown number of perceived political opponents, especially intellectuals and educated persons, human rights and pro-democracy activists originating from the Nuba Mountains, are held in government custody for prolonged periods and without judicial review." In April 2012, the International Rescue Committee reported that an 10 M Or90n of Ihe AfriGBn[:' Union \,.~, https:Jachpr.au.intiO 0 I»

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