By Mahmoud A. Suleiman
July 10, 2012 — It is learned that the National Congress Party (NCP) regime’s Kangaroo High Court has upheld the death sentences against 6 Prisoners of War (PWO) belonging to the rebel group Justice and Equality Movement (JEM). Apparently, the NCP President Omer Hassan Ahmed al-Bashir has signed ratification of the execution of the Darfur Crisis POWs. The Inquisition Court that has passed the death sentences is a security apparatus of the International Criminal Court (ICC) indicted fugitive Omer Hassan Ahmed al-Bashir. The Judgment of such a court is a blatant denial of Justice. It is not surprising that such sentences are issued from a regime that committed the heinous crimes and mortal sins of genocide, ethnic cleansing, war crimes and crimes against humanity. It is a travesty and slander of justice, to say the least. Prisoners of war and detainees are protected under international humanitarian law. This is in flagrant violation of international humanitarian law. Lives of POWs are sacrosanct. The names of the chivalrous POWs against whom the death sentences have been ratified are:
1 – General Ibrahim al-maz Deng ,
2 – Ustaz As sir Gibriel Tiya,
3 -Ustaz Mahjoub Ahmed al- Gizouli Izz-al-Arab,
4 - Commander Ibrahim Abdalla Safi el Nour,
5 - Commander Mohammed Daoud Khamis,
6 – Commander Yahiya Abbaker Mousa.
Sudan Justice and Equality Movement has strongly condemned the arbitrary sentences against its prisoners of war. JEM considers the provisions of the Inquisition courts that belong to the National Intelligence and Security Services (NISS) have nothing to do with justice; they are politically motivated and driven by hatred. Furthermore, these sentences violate human values and all applicable laws and treaties and international norms. The timing of these injustices coincides with the Sudanese People’s peaceful uprising which calls for regime change. It is a desperate attempt by the embattled NCP to exert pressure and blackmail JEM and its allies in the Sudan Revolutionary Front (SRF). JEM will not be deterred by any extortion that the genocidal regime in Khartoum trying to exploit. JEM will continue to support the peaceful protest and demonstrations and will offer protection if the NCP regime tried to brutally suppress demonstrators.
POWs must be treated humanely in all circumstances. They are protected against any act of violence, as well as against intimidation, insults, and public curiosity. International Humanitarian Law also defines minimum conditions of detention covering such issues as accommodation, food, clothing, hygiene and medical care. POWs cannot be prosecuted for taking a direct part in hostilities. Their detention is not a form of punishment, but only aims to prevent further participation in the conflict. They must be released and repatriated without delay after the end of hostilities. The detaining power may prosecute them for possible war crimes, but not for acts of violence that are lawful under the International Humanitarian Law.
JEM reserves the right to defend itself and individuals and groups people in its membership. Accordingly, JEM strongly deplores and warns the NCP genocidal regime of the consequences of use of PWOs dossier to carry out the death sentences on them. Swift retribution would be the response. There is No excuse for the one who has been admonished.
The people of Sudan appeal and call on the humanitarian organizations, international community and human rights organizations to immediately intervene to save the lives of the POWs.
Dr. Mahmoud A. Suleiman is the Deputy Chairman of the General Congress for Justice and Equality Movement (JEM). He can be reached at email@example.com