Bashir’s Handover to ICC is Complicated, But Ultimately, Decision Should Be Taken: Attorney
Sudan's deposed military ruler Omar al-Bashir stands in the defendant's cage during the opening of his corruption trial in Khartoum on 19 August 2019 (AFP Photo)
June 15, 2020 (KHARTOUM) – The handover of former Sudanese officials including al-Bashir is a complicated process that depends on several factors, said Sudan’s Attorney General before to add that a decision must be taken on this respect.
Sudanese official vowed to hand over al-Bashir for international justice, also the government agreed with the rebel groups to transfer al-Bashir to the ICC.
However, still, no decision has been made public
"This is a sovereign decision including many things and complicated issue,”. Taj- Elsir Al-Hebir said during a press conference covered by Sudan Tribune on Monday.
“There is an arrest warrant to appear before the ICC, but there are several legal obstacles related to (the need to) amend laws, the outcome of the (peace) talks in Juba, and the sovereign decision that will be issued in this regard," added al-Hebir.
He stressed that these factors will determine the way forward before to add that the position of the victims and their families is determinant in this respect.
He further pointed out that the main indicted people are under arrest, and there are arrest warrants against others and vowed to coordinate with the security and police forces to implement it.
After the surrender of Ali Kushayeb to the ICC through the Centra African Republic on 9 June, the Attorney General issued a statement saying that the latter fled Darfur to the neighbouring country because they had issued an arrest warrant for him.
Speaking about where they will be tried, the Sudanese official said the trial can be held inside Sudan such as the case of Lebanon or in Arusha, Tanzania stressing that the most important is to agree with the ICC on the appropriate place which should be equipped with the needed means.
The Netherlands-based war crimes court is not a substitute for national courts but designed to complement domestic legal action.
ICC Prosecutor Fatou Bensouda recently reiterated calls for the handover of Sudanese accused of war crimes in Darfur including Omer al-Bashir but at the same time expressed readiness to discuss the matter with the Sudanese officials.
"I think that this issue will be subject to discussion and talks between us, the Ministry of Justice, the judiciary and the ICC Prosecutor. But in my point of view, we need to make a definitive decision,” he said.
“Sudan’s previous stated position is, we are not subject to the ICC’s jurisdiction," but now there is a very clear declaration that this is a very clear international commitment, and this obligation must be fulfilled because of its impact on our relationship with the international community," he said.
NEW INDICTMENTS
In a related development, he revealed that arrest new warrants have been issued against the leaders of the ousted regime and security official involved in the war crimes in Darfur.
Al-Hebir pointed out that more former government and security officials have been indicted for the first time, besides those who are already under arrest.
"The public prosecutor found flaws in the investigations carried out by a commission formed by the former regime," al-Hebir told reporters.
"The investigation of Darfur crimes was not complete in several aspects. Therefore, we reviewed the investigation procedures and (appointed) three prosecutors, known for their competence, who issued arrest warrants against leaders of the former government and the security services."
(ST)
June 15, 2020 (KHARTOUM) – The handover of former Sudanese officials including al-Bashir is a complicated process that depends on several factors, said Sudan’s Attorney General before to add that a decision must be taken on this respect.
Sudanese official vowed to hand over al-Bashir for international justice, also the government agreed with the rebel groups to transfer al-Bashir to the ICC.
However, still, no decision has been made public
"This is a sovereign decision including many things and complicated issue,”. Taj- Elsir Al-Hebir said during a press conference covered by Sudan Tribune on Monday.
“There is an arrest warrant to appear before the ICC, but there are several legal obstacles related to (the need to) amend laws, the outcome of the (peace) talks in Juba, and the sovereign decision that will be issued in this regard," added al-Hebir.
He stressed that these factors will determine the way forward before to add that the position of the victims and their families is determinant in this respect.
He further pointed out that the main indicted people are under arrest, and there are arrest warrants against others and vowed to coordinate with the security and police forces to implement it.
After the surrender of Ali Kushayeb to the ICC through the Centra African Republic on 9 June, the Attorney General issued a statement saying that the latter fled Darfur to the neighbouring country because they had issued an arrest warrant for him.
Speaking about where they will be tried, the Sudanese official said the trial can be held inside Sudan such as the case of Lebanon or in Arusha, Tanzania stressing that the most important is to agree with the ICC on the appropriate place which should be equipped with the needed means.
The Netherlands-based war crimes court is not a substitute for national courts but designed to complement domestic legal action.
ICC Prosecutor Fatou Bensouda recently reiterated calls for the handover of Sudanese accused of war crimes in Darfur including Omer al-Bashir but at the same time expressed readiness to discuss the matter with the Sudanese officials.
"I think that this issue will be subject to discussion and talks between us, the Ministry of Justice, the judiciary and the ICC Prosecutor. But in my point of view, we need to make a definitive decision,” he said.
“Sudan’s previous stated position is, we are not subject to the ICC’s jurisdiction," but now there is a very clear declaration that this is a very clear international commitment, and this obligation must be fulfilled because of its impact on our relationship with the international community," he said.
NEW INDICTMENTS
In a related development, he revealed that arrest new warrants have been issued against the leaders of the ousted regime and security official involved in the war crimes in Darfur.
Al-Hebir pointed out that more former government and security officials have been indicted for the first time, besides those who are already under arrest.
"The public prosecutor found flaws in the investigations carried out by a commission formed by the former regime," al-Hebir told reporters.
"The investigation of Darfur crimes was not complete in several aspects. Therefore, we reviewed the investigation procedures and (appointed) three prosecutors, known for their competence, who issued arrest warrants against leaders of the former government and the security services."
(ST)
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