420. 本节下文旨在评估苏丹政府所采措施，特别是调查这些罪行和对违法者绳之以法方面的成效。
The section below assesses the effectiveness of the measures taken by the Government of the Sudan particularly to investigate the crimes and to bring their perpetrators to justice.
将着重执法机构，特别是警察的作用；调查法律和司法系统的某些方面，并审查一些法外机制，例如国家调查委员会和强奸问题委员会的情形。
It focuses on the role of law enforcement agencies, in particular the police, examines some aspects of the legal and judicial system, and assesses some extrajudicial mechanisms such as the National Commission of Inquiry and the Rape Commissions.
A. 警察的行动
Action by the police
421. 警察在当前的冲突中所起的作用很不明朗。
The role of the police in the current conflict is far from clear.
苏丹政府指称，当前的冲突使这个机构受到削弱。
The Government claims that the institution was weakened as a result of the conflict in Darfur.
反叛者攻击警察派出所和营房，抢夺武器是这次反叛行动的重要特征。
Attacks on police stations and garrisons and looting of weapons by the rebels have been an important feature of the insurgency.
事实上，苏丹政府声称，从2003年1月至2004年11月，反叛者杀害警察685人，造成500人受伤，62人失踪，警察派出所被抢夺的武器达1 247件。
In fact, the Government claims that, from January 2003 to November 2004, 685 policemen were killed by rebels, 500 were injured, 62 were missing, and 1,247 weapons were looted from police stations.
指出这种情况造成法律和秩序的破坏，并助长强盗和犯罪行为。
It states that this resulted in a breakdown of law and order and encouraged banditry and crime.
422. 在国际武装冲突中，武警部队一般不会正式参加战斗，因此，最少在理论上可以视为非战斗人员，从而得到保障和免于遭受攻击。
Normally, in an international armed conflict the civil police force does not formally take part in the hostilities and can, at least theoretically, be considered a non-combatant benefiting from the safeguards and protections against attack.
但是，以达尔富尔的内部冲突而论，警察与武装部队的分野常常混淆不清。
However, in the particular case of the internal conflict in Darfur, the distinction between the police and the armed forces is often blurred.
现有确实因素反映，警察在发生攻击时与政府部队一起参加战斗，或者没有阻止金戈威德民兵发动对平民的攻击，也没有进行调查。
There are strong elements indicating occurrences of the police fighting alongside Government forces during attacks or abstaining from preventing or investigating attacks on the civilian population committed by the Janjaweed.
同时，人们广泛指称，有些金戈威德成员已并入警队中，并且已获证实。
There are also widespread and confirmed allegations that some members of the Janjaweed have been incorporated into the police.
巴希尔总统在接受国际媒体的访问时证实，为了控制金戈威德民兵，因此，把他们并入“其他部门”，例如武装部队和警察。
President Al-Bashir confirmed in an interview with international media that, in order to rein in the Janjaweed, they were incorporated in “other areas”, such as the armed forces and the police.
因此，委员会认为，警察的“民事”地位在达尔富尔冲突中是很有疑问的。
Therefore, the Commission is of the opinion that the civilian status of the police in the context of the conflict in Darfur is questionable.
423. 但是，受害者有时认为警察发挥正面作用。
Victims sometimes also attributed a positive role to the police, however.
他们告诉委员会，当村庄遭受攻击时，警察实际上是攻击目标。
They told the Commission that the police were indeed targeted during the attacks on villages, but they mainly blamed the Janjaweed for these actions.
但是，他们主要认为这是金戈威德民兵采取的行动。
They told the Commission that the police were indeed targeted during the attacks on villages, but they mainly blamed the Janjaweed for these actions.
同时，尽管受害者常常表示，对政府保护他们的能力和意愿没有信心，不过，常常指出，警察在这种情况中与别不同。
Also, while victims often expressed lack of confidence in the ability and willingness of the Government to protect them, the police were often cited as an exception to this trend.
其中的原因是，除了警察的领导人外，大多数达尔富尔的警员都是达尔富尔人。
The reason is perhaps that, apart from the leaders, most of the police in Darfur were Darfurians.
有些目击者告诉委员会，在遭受金戈威德民兵攻击时，警察的人数往往很少，而且装备很差，寡不敌众，但是，他们都设法保护村民。
Some witnesses informed the Commission that during attacks by the Janjaweed the police, often small in numbers, attempted to protect the villagers, but were often ill-equipped and heavily outnumbered.
2003年4月23日金戈威德民兵攻击莫利（马萨利特族）时就是一个例证。
One example was an attack on Molli (Masalit tribe) by the Janjaweed on 23 April 2003 — a market day.
市场的档摊全数被摧毁，牲口被抢光。
Market stalls were totally destroyed and livestock looted.
警察抓了七名金戈威德民兵，但是，表面上以证据不足为由，法院命令予以释放。
Police arrested seven Janjaweed, but they were released by a court order, ostensibly for lack of evidence.
424. 金戈威德民兵制服警察的情况在当前的危机爆发前已经开始，并且可以从苏丹政府本身提供的信息看出。
That the Janjaweed overpower the police is a trend that started even before the current crisis and could be detected from information provided by the Government itself.