By Wasil Ali

October 21, 2007 (KHARTOUM) — A Darfur war crimes suspect wanted by the International Criminal Court (ICC) was seen in an area north of Khartoum according to a prominent human right activist.

Ali Kushayb

“Several eyewitnesses confirmed to me that they have seen Ali Kushayb in Al-Haj Yousef area” the activist told Sudan Tribune on condition of anonymity because of the sensitivity of the information.

The judges of the ICC issued their first arrest warrants for suspects accused of war crimes in Sudan’s Darfur region in early May.

The warrants were issued for Ahmed Haroun, state minister for humanitarian affairs, and militia commander Ali Kushayb. Sudan has so far rejected handing over the two suspects.

The warrant for Haroun lists 42 counts including murder, torture and persecution, while the warrant for Kushayb lists 50 counts including murder and intentionally attacking civilians.

Sudan’s foreign minister Lam Akol has also announced earlier this month in New York that Kushayb was released of from jail due to “lack of evidence” against him.

“I have serious doubts that he was detained in the first place” the activist added.

The Sudanese government was believed to have been holding Kushayb in custody since November on charges of kidnapping and murder against civilians in Darfur.

However Kushayb filed an appeal in the case last March forcing a trial delay. Shortly after the appeal the Sudanese justice minister Mohamed Ali Al-Mardi banned all media from publishing reports or details relating to criminal cases in Darfur.

Despite government claims that Kushayb was in custody at the time, the editor in chief of Al-Intibaha newspaper was able to conduct an interview with him through his cell phone last March in which he denied any wrongdoings during his participation the Darfur war.

One of Kushayb’s sons named Naser told the same newspaper last February that his father went to perform pilgrimage [Islamic annual rituals conducted in Mecca, Saudi Arabia] the prior month.

Naser said that his father returned from Saudi Arabia to Khartoum and then to the city of Nyala in South Darfur. He added that he lost contact with Kushayb ever since and that his whereabouts are unknown.

The Sudanese government has refused to hand over Haroun and Kushayb to the ICC. The ICC prosecutor said that he will inform the UN Security Council next December that the Sudanese government is not cooperating with his office as mandated by resolution 1593.

Sudan has not ratified the Rome Statue, but the UN Security Council triggered the provisions under the Statue that enables it to refer situations in non-State parties to the world court if it deems that it is a threat to international peace and security.

(ST)