Title: International Criminal Court - The Office of the Prosecutor.... by Bedawi Tago
Author: EL fahal Abdelatif
Date: 08-30-2008, 04:05 PM
Barrister & Solicitor
222 Dixon Rd. Suite 108
Toronto, ON CA M9P 3S5
August 1st, 2008
International Criminal Court
The Office of the Prosecutor
Maaweg 174, 2516 AB the Hague, the Netherlands
Tel: +31(0) 705158515
Fax: +31(0) 705158777 or +31(0) 705158553
Dear Mr. Luis Moreno-Ocampo
International Criminal Court Prosecutor
Re: Your Prosecution of Sudanese President, Omar Hassan Ahmad Al Bashir, for genocide, crimes against humanity and war crimes in Darfur. Article 6 (a), 7(1), 8 (2) (e) i of Rome statute.
1. By virtue that Sudan is my domicile of origin where I am actively involved politically and legally in opposing this dictatorial regime since its usurpation of the political power on June 1989 from a democratically elected government, let me have the honour to submit this memo in collaboration and support of the Application aforementioned.
2. What is embodied in the Application that warrants arrest of Al Bashir should have been entertained long ago, Not only by this very Application, but politically by the International Community condemning the catastrophe that faced the Sudan peoples and Regions as a result of the coup de date of June 1989? It is true that the International Community, expressed its frank position in different occasion, through its different forums, organizations, and institutions condemning the continuous violations of Human Rights in Sudan, but each occasion or moment that up-rises as the tide extends, but many time, unfortunately, shrinks and dooms as a result of the pragmatic opportunistic and misleading tactics utilized by the defacto government o f Sudan to influence the fair outcome that International opinion intends to implement e.g. How many years taken to reach the C.P.A between the SPLM & the BASHIR ?? How much is the loss of life’s destruction, destitute, misplacement, and physical and mental trauma that besieged the country in its North or South?? Bashir and his crew still believe they are the only political faction who brought peace “to Sudan?
3. Under this “Demagog” regime a drastic change occurred in the domestic life of Sudanese citizens as a whole. Under the translational constitution the “state” was going forward for the establishment of the basis for a “national “state irrespective of belief, creed, ethnicity, #######, excreta.
4. Under the pretext of implementation of the theocratic laws-“Sharia law”, the country was for the 2nd times diverted to a drastic fragmentarily course between its peoples, the North Arabian Islamic Region and the Southern African Christian- Pagan Region, that also smouldered the civil war and chaos which took million of life’s in the civil war. It is now true that the South is a “Partner”, pursuant to the CPA, in the political power. The fact is that all officials, even in the top hierarchy of Southern government are not contended by this dormant partnership relationship. The Bashir’s Regime is aborting genuine implementation of the Agreement using every effort that weakens, the new government Mr. Salfa Kier in a press release said that he will not visit Darfur, because he has nothing to say to them and that Bashir regime never responded to his initiative proposal for the resolution of Darfur problem.
5. Now factually, there is a rebellions not only in Darfur, but in West Sudan Kordofam, the East, though with the intervention of Eritrea, we may assume that the Latter is being resolved, factions and elites from Nuba Mountains, claiming their rights, and recently issuing press releases, to hold inquiry into the genocide occurred to Nuba people during the Bashir Regime “Attached” Exhibit (2)
6. This manifests clearly that, Bashir system created the chaos in every region and instigated this ethnical fragmentation between the peoples, tribe, religions, of the Sudan.
7. The economical corruption exercised by the state apparatus, by the political hierarchy of the regime, the bureaucracy, and every authority is axiom. It is simply beyond anticipation, because all who govern must first of all be politically members in the National Congress, Bashir Party. It is the demagog populist state- Nadonic Approach that V. the organized civil and democratic state. What the state has is vested in the “khalifa” wali- this why all factionists and crew of the government is the Oligarchy of the Day. If any person defend against this obvious fact just let any one of his crew or bureaucracy step up for financial, proprietary accountability?? And no one will dare?!
8. (1) As soon as the Application being filed Al-Bashir his crew are terrified of its consequences. It is because Application embodies it’s originality from the cogent reliable evidence that will be tendered, and part of this supporting evidence of the application, is the record interviews of the
a. Government of Sudan officials!
b. Direct evidence statement eye witness and victims
c. Statement of reliable knowledgably individuals of the activities of officials and representatives of government of Sudan and Janjawueed
d. Documents and information provided by government of Sudan upon request of the prosecutor, reports of UN commission of inquiry
e. Reports of Sudanese National Commission of Inquiry
f. Documents and materials from open sources
This “summary of evidence” is inevitably sufficient to establish “Reasonable ground’s to believe” that Al-bashir committed crime enunciated in the Application.
The summary of evidence- whether incriminating or exonerating is collected during 105 mission in 18 countries.
This is tremendously laborious hard job, and therefore, its refutation is not as Bashir used to mock or manipulate, by instigating his group for demonstrations, or declaring, the “Holly War” against the disbelievers!
9. Al-bashir in a retaliating, dramatic, though wavering, attempt, responded, by signing the ELECTION Law, thinking that this will divert the focus away from the Application, but what is to be said in this Juncture that democracy will not be consolidated in absence of accountability.
10. In the same time, Al-bashir called upon political partisan leaders for “consultation”.
a. Since the submission of the Application up to now, there is approximately almost 98% of the political Sudanese parties, Domestic non governmental Sudanese organization, Sudanese abroad, are all in support of The Application in the sense that what is happening in Darfur is a real Catastrophe that requires prompt and just resolution and that by collaboration and contribution of all vital forces of Sudan in finding away out from this chaos, that,
b. Time has come for a true implementation of measure and arrangement that should put the country into a real transformation into a democratic Rule by initiation of a National Transit government for this transformation.
See circulars and press releases “Attached”
1. SPLA- United Front Exhibit (1)
2. Sudan Communist Parties Secretariat
3. Nuba Mountains Alliance
4. National Democratic Unionist Party
5. Sudanese National Alliance for the Sudanese in Philadelphia
6. National Oma Party
7. Cairo Centre for Human Rights Studies
12. Al-bashir Contends and seeks Advice and Resort. Al-bashir regime and his crew responded in the beginning, denying the role of ICC International Criminal Court and its Prosecutor to entertain complaints and Application against member or individual who are not signatory of Rome statute. The denial also is misinterpretation of constitution issues, by relying upon privileges and diplomatic immunity of presidents of sovereign states. During this transit phases the demagog demonstrations shunning and defaming The Prosecutor never stopped, but when it became obvious that this is not the appropriate way to defend, they changed their strategy.
(1) By Resorting to legal advice
(2) Mobilizing Regional and International institutions that can instigate and abrogate the “Application”
(3) Tend to be more controlled vs. Demagog
(4) Mediate to veto, adjourn, the criminal process under article 58-Application for warrant of Arrest of Al-bashir- e.g. AU asked UN to adjourn Al-bashir charges
(5) Visiting Darfur instigating the population to condemned measure taken by The Prosecutor for such arrest, and also projecting that his indictment will jeopardize The Peace Accord
13. (1) It is obvious that the Application find a positive response, since it depends on evidence. All involved, are aware that it is a judicial issue, and should stay within that domain for a legal resolution.
(2) The manoeuvres of Al-Bashir and his crew to foul the proceeding, through various pragmatic utilitarian pretexts, should be left in the wake of this era of the International Law and its Institution, to the justice ability of the International Criminal Court ICC.
The world and humanity is vesting its confidence and trust into the Norms and Propositions that this court will establish.
c.c. To concerned Bodies