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Sudan reiterates rejection of Darfur hybrid courts

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October 31, 2009 (WASHINGTON) – The Sudanese government today reiterated its rejection the proposal set of an African Union (AU) to setup hybrid tribunals to try Darfur war crimes suspects.

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Sudanese presidential adviser Mustafa Osman Ismail (KUNA)

Speaking to reporters in Cairo the Sudanese presidential adviser Mustafa Osman Ismail said that Khartoum accepts the AU report “in its generalities” and the “African solution for the Darfur crisis”.

Asked about the hybrid courts, Ismail said that his government believes that “justice should be applied on anyone with no exception but at the same time the sovereignty of Sudan and the independence of its judiciary must be respected”.

Ismail said Sudan wants further dialogue with the AU on the judiciary mechanism for Darfur for the purpose of “securing the independence of the Sudanese judiciary and at the same time the necessary transparency to achieve justice on its most noble levels and punishing the perpetrators who committed crimes in Darfur”.

The AU established an eight member panel earlier this year headed by former South African president Thabo Mbeki to look into ways to resolve the Darfur crisis by harmonizing peace, justice and reconciliation.

On the justice component, Mbeki concluded that “the criminal justice response to Darfur [by Khartoum] is ineffective and confusing and has also failed to obtain the confidence of the people of Darfur”.

It recommended that Sudanese laws to be changed in a number of areas including those allowing non-Sudanese to serve on its judiciary.

At the Peace and Security Council (PSC) summit held on Thursday to discuss the report the Sudanese 2nd Vice President expressed reservation on the idea but using a diplomatic language.

“What is mentioned in the report on a new justice mechanism in the form of hybrid courts requires satisfying and accurate definition on the extent of conformity of the principle of establishing it with the constitution and the principle of independent judiciary, jurisdiction and determining its workings and specifics. This requires close cooperation between us and the mechanism that we recommend the AU to establish,” Taha said.

“On the other hand we must remember that establishing these courts is important to us as Africans because it establishes a precedence to be used in the future in other cases in Africa,” he added.

Taha stressed that Sudan has established special courts and appointed a special prosecutor saying that the Sudanese law and competence of judiciary "provides the necessary framework to achieve justice".

The head of the pro-government Sudanese bar association Fathi Khalil lashed at the recommendations saying it was prepared by circles “hostile to Sudan”.

Speaking to Al-Jazeera TV based on Qatar, Khalil said that only Sudanese courts can bring justice to Darfur rejecting participation of non-Sudanese figures.

The AU endorsed Mbeki’s report and assigned him the task of overseeing its implementation.

Mbeki has said that at the PSC summit that Sudan “accepted” the hybrid court but would need further discussions with the AU especially where it concerned the hybrid court.

“They will look at what the Sudanese constitution allows with regards to that because this will be a precedence that has not been tried on the African continent before,” he said.

One observer in Khartoum told Sudan Tribune that the Sudanese government “may end up allowing supervision only by the AU to the Darfur prosecutions but not hybrid court”.

The Sudan People Liberation Movement (SPLM) and Darfur rebels rejected the idea of hybrid courts saying it is not feasible and will not work under the current environment in the country.

(ST)

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  • 1 November 2009 06:10, by Mzalendo Mwema

    Dear commentators,

    I would like to answer my brainless southerner who doesn’t know where he is heading to(Big Lazy Boy).He told me that Kiir is old enough to lead the South.I would to answer those questions correctkly?

    1. WHO IS YOUNG ENOUGH TO LEAD THE SOUTH?
    2. WHOM DO YOU THINK IS CLEAN ENOUGH THAN KIIR?
    3. CAN YOU GIVE ME THE NAME OF THE PERSON YOU THINK?
    4. ARE YOU REALLY WORKING FOR THE INTEREST OF SOUTH?

    AFTER ANSWERING THOSE QUESTIONS,MY REQUESTING YOU TO THINK ABOUT THE FOLLOWING PEOPLE.

    1.Pagan Amum and his achievements in SPLM and his popularity.
    2.Wani Igga and his achievements in SPLM and his popularity.
    3.Riek Machar and his achievements in SPLM and his popularity.
    4.Malik Aggar and his achievements in SPLM and his popularity.

    5.Abdel Aziz Adam Hilu and his achievements and his poppularity.

    6.Lam Akol and his negatives achievemnets and his popularity.

    If you choose from those mentioned above,whom do you think will be the leader of the South after KIIR?

    My advice to you BIG LAZY LOGIC IS THAT,’’Don’t attermp to destroy our brave,patient,generous,humble,responsible,patriotic H.E Wani Igga IN THE EYE OF SOUTHERNERS.To me,He is a leader of ALL SOUTHERNERS and marginalised areas because of his leadership qualities.

    To come back to the point,all the people all over the always listen to redios or watch news over TV.And what they always hear either Darfur crisis or Bashier’s crisis.

    And the end of this will come when Criminal Bashier faces the ICC.

    repondre message

    • 1 November 2009 09:32, by samuel_kur@yahoo.ca

      Sir Salva Kiir, Removal of General Taban Deng Gai in Unity State Governor, will be a big Disaster in a unity State administration.

      For some reasons. First of all a state its formed of diversity people. secondly, Taban Deng is appropriate Governor currently, because he is a only civilized person in a state, who doesn’t implement tribalism agenda between Nuer and other communities in a state, which those people who want him to be remove don’t like, they want some body who will divide a lion portion to them, as they were accustomed before during the war, when Paulino Matip use to appointed them through General Omar Bashir.

      They had neglected others communities from power and wealth sharing.

      Those people are tribalism to death, 21 years others communities who are not Nuer face many things which i will not mention it now for a security reason.

      Mr. president, those people who want to remove General Taban are minority, the majority with General Taban as a nationalist leader.

      I would prefer if Dr. Riek was not busy with his current position, he would be better than people who General Paulino Matip wants, or other wise his wife Mrs. Angelina Teny, or John Dhor Majok if he was an SPLM member. Other wise no body would be better than Taban Deng gai, the rest of them are pure tribalism. If you want other communities to be unhappy you will replace him with tribalism person, who people like Rambang, Theileng, and GatBentiu want, but Bentiu will be in an insecurity like other states in south Sudan now.

      Thirdly, your Dupity Paulino Matip want to use his influence like he did during he was in Khartoum.

      repondre message

    • 1 November 2009 11:53, by Wende Yongaptheeth

      These coward niggers such as Mustafa, Al Beshir and other slave minded who run after being called arabs are idiots.

      Islamized arabized Nubians such as Al Beshir, Saddiq Al Mahdi, Mustafa, Osman Taha and Numeiry do not know anythink about world history and must be seen so.
      yesterday they were against the UN and today they are against the AU, tommorrow they will be against the Arab Leage and Islamic shit.

      They are also against their very black skin they are in and wished to be white men. Arabs are caucasians and they love to be called arabs while they are negroids or blacks. What naves? what slaves mentality?

      How can you wished yourselves to be what you are not and destroy your country, your culture and images!!!!

      Now these niggers in Khartoum are allowing Sudan to be run by Egyptians through their political remote controll because they have no confident in themselves and are uncomportable in their skins and heritage. Let them chase the arabs so that they will be called Arabs slaves niggers.

      stages of slavery:
      destruction of original languages,
      religious removal,
      names changes,
      imposition of low self image,
      hate of oneself and copying the
      master.

      This is what niggers in Khartoum are doing to achieve full slavery to themselves so that the arab world will accept them as arabs.

      repondre message

  • 1 November 2009 06:13, by Mzalendo Mwema

    Dear commentators,

    I would like to answer my brainless southerner who doesn’t know where he is heading to(Big Lazy Boy).He told me that Kiir is old enough to lead the South.I would to let him answer those questions correctkly?

    1. WHO IS YOUNG ENOUGH TO LEAD THE SOUTH?
    2. WHOM DO YOU THINK IS CLEAN ENOUGH THAN KIIR?
    3. CAN YOU GIVE ME THE NAME OF THE PERSON YOU THINK?
    4. ARE YOU REALLY WORKING FOR THE INTEREST OF SOUTH?

    AFTER ANSWERING THOSE QUESTIONS,MY REQUESTING YOU TO THINK ABOUT THE FOLLOWING PEOPLE.

    1.Pagan Amum and his achievements in SPLM and his popularity.
    2.Wani Igga and his achievements in SPLM and his popularity.
    3.Riek Machar and his achievements in SPLM and his popularity.
    4.Malik Aggar and his achievements in SPLM and his popularity.

    5.Abdel Aziz Adam Hilu and his achievements and his poppularity.

    6.Lam Akol and his negatives achievemnets and his popularity.

    If you choose from those mentioned above,whom do you think will be the leader of the South after KIIR?

    My advice to you BIG LAZY LOGIC IS THAT,’’Don’t attermp to destroy our brave,patient,generous,humble,responsible,patriotic H.E Wani Igga IN THE EYE OF SOUTHERNERS.To me,He is a leader of ALL SOUTHERNERS and marginalised areas because of his leadership qualities.

    To come back to the point,all the people all over the always listen to redios or watch news over TV.And what they always hear either Darfur crisis or Bashier’s crisis.

    And the end of this will come when Criminal Bashier faces the ICC.

    repondre message

    • 1 November 2009 07:56, by Angelo Ajiech Manyuat

      I hate seeing this idiot Mr. Ismail. He is the worst arab in the North.

      repondre message

      • 1 November 2009 08:50, by Ajuscommando

        The Africa Union (AU) must to accept ICC decision if Sudan NCP rejected their suggestion while world was suspecting AU taking side with Sudan. The only thing Sudanese want is justice to take place against those who committed War crime and crime against humanity in western Sudan and nothing more a part from justice we need. What I know so far, AU will not bring Omer El Bashir to justice with colleagues according to the statement I heard from advisor who spoke in Cairo. Sudan problem need International community to involve and change Sudan atmosphere from it hostility since Omer EL Bashir confusion the life of all Sudanese a part of those who are terrorizing the country with him. The AU doesn’t know that, this animal call Bashir is problematic to Sudanese people since he make the whole country to take armed against each others and use NISS to terrorize the country. The solution to Sudan problem is justices and human right to be respect by Sudanese leaders not to abuse.

        Ajus

        repondre message

        • 1 November 2009 11:49, by DASODIKO

          What do the African Union expect from these maggots? they will continue buying time until the time of the elections where they will use their National Security forces and Jamjaweeds to rig the elections.

          repondre message

      • 1 November 2009 17:39, by mohammed ali

        Of course you will hate, you know nothing but hate, enjoy it!Mustafa Osman is Sudanese of Nubian orgin, his language is written on the pyramides hundred of centures ago in NORTH SUDAN.He still speaks the same language!!

        Now you have nothing to do with him, find somebody to enjoy your hate with!!!

        repondre message

        • 1 November 2009 21:37, by Wende Yongaptheeth

          Mohamed Ali,

          It is not hate to tell the truth. If you call me an African Sudanese, it would not be hateful since that is my identity and I’m not trying to be different than what I’m. I’m a Christian and it does not make me a European or caucasian. You are a muslim like your other Nubians who are so scared of their real identity and are prostituting the country to Egypt and the arab World.

          Go ahead and deny your identity and find other people who hate themselves like you and are not proud of their God’s given identities hence are attempting to run away from themselves.
          Run away from your true identity, but do not be a danger to other Sudanese who are comfortable with themselves and identities.

          Self-hate is the root cause of Sudan problems because you Islamized and Arabized nubians are so scared of your true identities and that made you mad and wreaking havoc in the country chasing arab World and Egypt.

          repondre message

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