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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
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