14. 因此,关于第一和第二项任务,委员会决定审查有关达尔富尔境内违反国际人权和人道主义法行为的报告,并根据本身的调查结果查核这些报告的真实性,并进一步确定实情。
Thus, with regard to its first and second tasks, the Commission decided to examine existing reports on violations of international human rights and humanitarian law in Darfur, and to verify the veracity of those reports through its own findings, as well as to establish further facts.
虽然在根据国际刑法将各种事实定级分类方面委员会显然并非司法机构,但委员会采用了一套适用于司法机构的办法。
Although clearly it is not a judicial body, in classifying the facts according to international criminal law, the Commission adopted an approach proper to a judicial body.
因此委员会收集进行这种法律分析需要的一切材料。
It therefore collected all material necessary for such a legal analysis.
15. 第三项任务是“查明行为者”,这是最大的挑战。
The third task, that of identifying perpetrators, posed the greatest challenge.
委员会讨论了调查工作中将要适用的检验标准。
The Commission discussed the question of the standard of proof that it would apply in its investigations.
鉴于其权力的固有限制,委员会决定,它无法遵行刑事法院通常采用的标准(超过合理怀疑限度以外的事实证明), 或遵行国际检察官和法官为确定起诉所采用的标准(即必须是表面证据确凿的案件) 结果,大多数适当的标准都要求提出与其他经核实情况一致的整套可靠材料,这些材料有助于表明某人可能被合理怀疑参与犯罪。
In view of the limitations inherent in its powers, the Commission decided that it could not comply with the standards normally adopted by criminal courts (proof of facts beyond a reasonable doubt), or with that used by international prosecutors and judges for the purpose of confirming indictments (that there must be a prima facie case).
It concluded that the most appropriate standard was that requiring a reliable body of material consistent with other verified circumstances, which tends to show that a person may reasonably be suspected of being involved in the commission of a crime.
委员会显然不会就是否犯有刑事罪作出最后裁决;而是会对可能涉嫌人作出评估, 检察官为今后的调查和可能提出的起诉铺平道路。
The Commission would obviously not make final judgements as to criminal guilt; rather, it would make an assessment of possible suspects that would pave the way for future investigations, and possible indictments, by a prosecutor.
16. 委员会也同意,为“查明行为人”,将访问证人、官员和在政府任职的人士以及被警察拘留或拘押的人士;审阅文件;以及访问据报发生罪行的地方(特别是乡村或国内流离失所者营地以及万人坑等地点)。
The Commission also agreed that, for the purpose of identifying the perpetrators, it would interview witnesses, officials and other persons occupying positions of authority, as well as persons in police custody or detained in prison; examine documents; and visit places — in particular, villages or camps for internally displaced persons, as well as mass grave sites — where reportedly crimes were perpetrated.
17. 委员会认为,为了完成第四项任务,有必要对苏丹刑事司法制度能够和愿意起诉并审判被控告在达尔富尔犯下国际罪行的行为人的程度进行初步评估,然后考虑各种可用的现有国际机制。
For the fulfilment of the fourth task the Commission deemed it necessary to make a preliminary assessment of the degree to which the Sudanese criminal justice system has been able and willing to prosecute and bring to trial alleged authors of international crimes perpetrated in Darfur, and then consider the various existing international mechanisms available.
委员会正是根据这些评价就最适合的措施提出建议。
It is in the light of those evaluations that it has made recommendations on the most suitable measures.
4. 委员会开展业务所受主要限制
Principal constraints under which the Commission has operated
18. 不可否认,委员会指派的各项任务复杂而独特,委员会必须在困难的条件下履行这些任务。
There is no denying that while the various tasks assigned to the Commission are complex and unique, the Commission was called upon to discharge them under difficult conditions.
首先,委员会在严格时间限制下开展工作。
First of all, it operated under serious time constraints.
上文曾指出,鉴于安全理事会决定委员会必须紧急行动,秘书长请委员会在设立后三个月内向他提出报告。
As pointed out above, given that the Security Council had decided that the Commission must act urgently, the Secretary-General requested that the Commission report to him within three months of its establishment.
要完成复杂的任务,特别是与调查严重违反行为和查明行为人有关的任务,委员会必须在沉重时间限制压力下加紧工作。
The fulfilment of its complex tasks, in particular those concerning the finding of serious violations and the identification of perpetrators, required the Commission to work intensely and under heavy time pressure.
19. 此外,委员会的实况调查团及其查明行为人的任务都会得益于大量调查人员、律师、军事分析家和法医专家的援助。
Furthermore, both its fact-finding mission and its task of identifying perpetrators would have benefited from the assistance of a great number of investigators, lawyers, military analysts and forensic experts.
鉴于达尔富尔境内冲突事件的范围和严重性,确定事实和收集可靠的足资证明的证据以查明可疑行为人成为一项困难的任务,并非轻易之举。
Given the scale and magnitude of incidents relating to the conflict in Darfur, the establishment of facts and the collection of credible probative elements for the identification of suspected perpetrators are difficult tasks, which are not to be taken lightly.
委员会因预算所限无法聘用超过十三名这类专家。
The Commission's budget did not allow for more than 13 such experts.
但委员会得以收集整套可靠而一致的材料,这些材料涉及发生的违法事件和可能被怀疑要对违法行为负责的人。
The Commission nevertheless was able to gather a reliable and consistent body of material with respect to both the violations that occurred and the persons who might be suspected of bearing criminal responsibility for their perpetration.
因此委员会认为它能够向问责制迈进一步。
The Commission thus considers that it has been able to take a first step towards accountability.
5. 委员会访问苏丹概况
Brief account of the Commission's visits to the Sudan
20. 委员会首先于2004年11月8日至20日访问了苏丹。
The Commission first visited the Sudan from 8 to 20 November 2004.
委员会与包括第一副总统、司法部长、外交部长、内政部长、国防部长、联邦事务部长、副首席法官、议会发言人、国家安全和情报局副局长以及强奸罪委员会成员在内的高级别官员会谈。
It met with a number of high-level officials including the First Vice-President, the Minister of Justice, the Minister for Foreign Affairs, the Minister of the Interior, the Minister of Defence, the Minister of Federal Affairs, the Deputy Chief Justice, the Speaker of Parliament, the Deputy Head of the National Security and Intelligence Service, and members of the Rape Committees.
委员会会见了各非政府组织和政党的代表以及有关外国政府驻苏丹代表。
It met with representatives of non-governmental organizations, political parties, and representatives in the Sudan of interested foreign Governments.