492. The Committee
(CCPR/C/45/Add.3)
10 July 1991 (see
considered
the initial
report
of
at its
1065th
and 1067th
meetings,
CCPR/C/SR.1065
and SR.1067).
the Sudan
held on 8 and
493. The report
was introduced
by the representative
of the State
party,
who
drew attention
to several
developments
that had occurred
since
the submission
of the report
on 3 January
1991.
First,
Constitutional
Decree
No. 4, which
laid
the foundations
of a federal
system of government
in the Sudan and
established
rules
concerning
state
budgets
and revenues,
had been
promulgated.
Secondly,
a conference
on justice
and legal
reform,
attended
by
professionals
and experts
in the field
of law and the administration
of
justice,
had been held.
The conference
produced
a number of significant
recommendations
relating,
in particular,
to the judiciary,
the Ministry
of
Justice
and the Attorney-General’s
Office,
penitentiary
institutions,
military
justice,
legal
reform
and legal
education
and training,
and the drafters
of
those
recommendations
were determined
to seek their
speedy
implementation.
Thirdly,
approximately
300 political
detainees
had been released
on
29 April
1991, with
only a few individuals
facing
specific
charges
remaining
in prison.
Finally,
the representative
noted
that a number of steps
had been
taken
towards
the establishment
of a political
system of participatory
democracy.
In that regard,
the perceived
unworkability
of both multi-party
democracy
and the single
party
model,
as well
as the country’s
enormous
linguistic,
ethnic
and cultural
mix,
called
for the establishment
of a system
without
political
parties
to secure
popular
and truly
democratic
participation
in the decision-making
process.
494. Members
of the Committee
expressed
their
understanding
for the serious
difficulties
facing
the Sudanese
Government
and their
appreciation
for the
frankness
and siucerity
of the report.
However,
it was noted
that
the report
was brief
and incomplete
and had not been prepared
in accordance
with
the
Committee’s
reporting
guidelines.
495. With reference
to article
2 of the Covenant,
members of the Committee
wished
to know what the status
of the Covenant
was under
the constitutional
decrees
and, in view of the absence
of provisions
giving
effect
to the rights
enshrined
in the Covenant,
how respect
for those rights
was ensured:
whether
the constitutional
decrees
applied
to acts committed
before
their
adoption)
whether
the Covenant
could
be invoked
before
the courts;
how the Revolutionary
Command Council
for National
Salvation
had been established
and to what extent
it enjoyed
the confidence
of the people ; whether
the Penal
Code, which
was
based on Shariah.
was not discriminatory
in certain
respects
and if it applied
also to the non-Muslim
population:
and, in general,
to what extent
that code
could
J>e reconciled
with
the provisions
of the Covenant.
Members
of the
Committee
also wished
to receive
more information
on the envisaged
system of
participatory
democracy,
particularly
on the extent
to which
the terms of
articles
19, 21, 22 and 25 of the Covenant
would
be reflected
in that
system,
as well
as on the historical,
political
and economic
factors
underlying
the
current
problems
in Sudan.
496. In connection
with
asked what had been the
on trade
union
freedoms
article
4 of the Covenant,
impact
of the de iure
or
as provided
for in article
-124-
members of the Committee
de facto
state
of emergency
22 of the Covenant
and in
!
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