Home | News    Monday 14 December 2009

Mbeki continues Sudan visit as Bashir voices rejection to hybrid court

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December 13, 2009 (KHARTOUM) – The chairman of the African Union level panel on Darfur (AUPD) Thabo Mbeki continued his discussions with political powers in Sudan on ways to efficiently implement his panel’s recommendation which was endorsed by the AU Peace and Security Council (PSC) last October.

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File - Sudan’s President Omer Hassan al-Bashir delivers a speech during a rally in Al Fasher, northern Darfur March 8, 2009 (Reuters)

The most controversial aspect of the report is the call for a “hybrid Criminal Court which shall exercise original and appellate jurisdiction over individuals who appear to bear particular responsibility for the gravest crimes committed during the conflict in Darfur, and to be constituted by judges of Sudanese and other nationalities”.

The commission concluded that the Sudanese judiciary does not enjoy the confidence of the victims and urged major overhaul of the laws relating to immunities, witness protection and sexual violence.

Sudan has given a cool reception to the proposal with some officials saying that the initiative contradicts with the constitution. The pro-government Sudanese bar association vowed to fight any move in the direction of establishing hybrid court.

Last week and in an interview with ‘Russia Today’ the Sudanese president Omer Hassan Al-Bashir for the first time gave his input dismissing the proposal.

“We on our end expressed reservation on this point [hybrid court] because we have an independent judiciary and the judicial institution has the say in forming any courts inside the borders to prosecute any Sudanese. Mbeki understands to our reservation” Bashir said.

“The proposed court is after achieving peace and reconciliation in accordance with the norms and customs of Darfur in resolving disputes and defusing differences and reconciliation is the master of all rulings” he added.

The remarks by Bashir puts a cold shower on the push by Mbeki and the pan-African body to implement the recommendations considered crucial in convincing the UN Security Council (UNSC) to freeze the arrest warrant issued by the International Criminal Court (ICC) for the Sudanese head of state.

Mbeki’s report emphasizes that peace, justice and accountability tracks should go hand in hand with no precedence of one over the other.

A number of pro-government columnists urged the Sudanese government to accept the hybrid court proposal so as not to loose the African support in its confrontation with the ICC. During a briefing by the ICC prosecutor Luis Moreno-Ocampo at the UNSC, African countries on the council including Libya, Burkina Faso and Uganda urged Khartoum to comply with the panel’s findings.

The report makes no formal opinion on the ICC prosecutions in Darfur but suggests that it should be allowed to continue its work to try a few suspects while the hybrid courts would handle the remaining cases for lesser suspects.

Mbeki met this week with the former rebels of Sudan who expressed support to the idea of the hybrid courts.

“We support the creation of hybrid courts for crimes against humanity and war crimes committed in Darfur because we do not have confidence in the independence of the Sudanese judiciary,” said Pagan Amum, secretary general of the Sudan People’s Liberation Movement.

The Sudanese senior presidential assistant and head of Sudan Liberation Movement (SLM) faction Minni Arcua Minnawi also met with Mbeki. According to Sudan state media, Minnawi said they discussed the possibility of including Darfur peace agreement in the AU panel’s report.

The Sudanese presidential adviser Ghazi Salah Al-Deen Al-Attabani said that his government is willing to engage with the AUPD report.

“We have affirmed readiness of the government to deal with the report in all axes and coordinate with the AU panel currently entrusted with its implementation,” Al-Attabani said.

In reference to the hybrid court proposal the Sudanese official said that there are “some initial and non-final ideas embodied in the report”.

“We have agreed that those ideas need accurate definition together with joint consultations on how to implement them. We do not call this reservation,” he added.

The conflicting remarks by the officials in Khartoum towards the hybrid court idea indicates the challenge Mbeki will face in convincing skeptical Darfuris that he is not siding with the Sudanese government in enforcing the justice portion of his report.

One of Mbeki’s panel members said in an interview last month that the goal of the commission was to save Bashir from ICC indictment.

“Incriminating the president is out of question and fundamentally unacceptable” the former Egyptian foreign minister Ahmed Maher El Sayed said in an interview with the Egypt based Al-Masry Al-Youm newspaper.

“Our goal was to find a way out [to Bashir] from the dilemma of the ICC that sparked a great deal of controversy,” Maher said.

Mbeki was reportedly outraged over Maher’s statements and sent a letter of protest to the Egyptian foreign ministry.

The former South African president will head to New York later this week to brief the UNSC on his report on Monday December 21st.

(ST)

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  • 14 December 2009 06:03, by Aduol Liet

    I don’t like to see this killer Omar al Bashir in Sudan, he is the evilness man.

    repondre message

    • 14 December 2009 06:32, by ajuscommando2

      Mbeki is one of the African stupid leaders who can not learn Arabic culture of cunning people. He has already approved that, Bashir government has done war crime in western region of Dafur and he don’t want to tell the fact. Bashir must to face Justice like other war criminal in the world.

      Ajuscommando2

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      • 14 December 2009 07:50, by john king mense

        Mbki is peaceful medaitor who can bring people togther, you got nothing doing with Mkbi as you called him stupid in term of education and everything you are far away please man watch out you will be caught if you don,t take caution, anyway iam not in the position of educated you, if you don,t mind your words.

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        • 14 December 2009 08:17, by ajuscommando2

          Dear readers

          Always unsound person can not understand full meaning of some words but reaching to see one word. I Know Mbeki is well educated person but inhuman in his capacity of judgment and to prove it, Mbeki was force to resigned in South Africa when he was the head of State due to lack of proper judgment in his leadership of which he has not change it in Dafur case to say the fact since he got the evidents of War crime and crime against humanity committed by Khartoum government against African tribes in Western region of Sudan. A donkey can learn everything in the class and all parts of the world but his tail and four legs will not be change in his life time as God created him that way. Those who always appreciate Mbeki task on Sudan conflicts have no different with mad man living in town and pigs which like dirty place to get his food in it.

          Ajuscommando2

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          • 16 December 2009 10:34, by John chol Garang

            Not?

            I was removed by democratic process. I did not resist but he listened to fellowmen.

            SO, he deserves praising from peace loving Sudanese.

            The probem is that NCP is an isolated party and has no hope at all.

            They trust no one, except themselve, they criminals.

            repondre message

      • 14 December 2009 08:02, by william wol

        Dear colleague Ajuscommando, according to my own obsrvation, Mbeki was not longing to solve sudan snags but to threaten Bashir so much so that he bribes him with thousands of Dollars so did him (Bashir) to Clinton of USA some years back.If not so , he would had voiced to international communities after Bashir had turned down his panel findings, that called for hybird court formation to try actrocities that taking place in Darfur.

        Leave alone the defendless people of darfur and they will get ride of sharia law as you have gotten ride of apathied in south africa just a matter of time. people that who are taking advantage of war in Sudan as a sourse of their income shall regeret.

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  • 14 December 2009 08:37, by pan africa

    I don,t knowing why the people in the Sudan keep this ugly evilly Al Omar al Bashir not to shot him dead? this person is making all the Africian presidents to looking badly in the face of the whole world and very soon not later than end of this year I will send my groups to kill this ugly legs if they Sudanese people failed to killing him

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    • 14 December 2009 08:45, by Wende Yongaptheeth

      Thank you Mbeki,

      This nigger or the leader of the African Talaban Mulah Omar Beshir must be arrested and hang.

      The nigger is running around with his other tribal criminal niggers such as Nafie Ali Nafie, Hawad Ijaz, Salah Gosh, Osman Mustafa and Mohamed Atta. The Ja’alyeen tribal criminals will be arrested eventually and hand over to the ICC.

      Death to the Talaban of Africa and their tribal chief Mulah Omar Beshir.

      repondre message

  • 14 December 2009 10:36, by Time1

    Omer bashir has very limited options, either accept the hybrid courts or go for the ICC.

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    • 14 December 2009 11:52, by M.Cool.J

      All lead to one thing my friend-ICC.There is no way Bashir will dodge it.

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  • 14 December 2009 11:48, by M.Cool.J

    Get the dog confused big guys!!!!!!!

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    • 14 December 2009 12:42, by understanding

      Guys this is business way not law way.Mbeki you have to learn what the human right is!!!!.what make you thinking to leave the murder not to face ICC with big crime.

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  • 14 December 2009 15:47, by Bec Akuot

    Mr. Maher Sayed of Egyptian foreign ministry, why do command in such a provocative manner? Do you want to ruin the life of Southern Sudanese people? who are you to save Bashir from being prosecuted by the International criminal court? Is it because you are from Arab world? If the owners can proposed Bashir’s trail why not you too.
    My dear enemy, (Maher Sayed) those policies of depending Bashir are too inimical to the interest of the society. Let Ocampo continue with his business on the Sudanese president if he is a prudent Man who could not listen to fake advices from Arabs Countries.

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  • 14 December 2009 17:39, by yirolda

    dear mbeki your present in sudan signify terrorist promotion the way you support Devil Bashir let him go to hell and if you are doing so as a result of being balloned with this oil money your stomach will vast the sooner possible shame on you African leaders who always like money and let people die inorder to get ill wealth.

    Seperation and freedom oyeee!!!!!!!!!!!!!!!!!!!

    repondre message

  • 14 December 2009 21:09, by Kur

    Bashir is an absolute evil man. He needs to go to The Hague to answer to his crimes before a credible judge. There are no laws in Sudan because all the laws are set up to support criminal activities of the NCP.

    Kur

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  • 14 December 2009 23:17, by Majang

    This killer have to be stop,the first thing must be done is his stick that stick must be remove out of his hands. it cost him punish the Durforian,he is worse than a snake bite.

    repondre message

  • 16 December 2009 10:25, by John chol Garang

    Hi Bushman (Mbeki)

    Do not ever trouble yourself going here and there. The corrupt leaders under the banner of NCP WILL not listen to your words.

    Leave them, we will tackle them very soon. Strategically, we will crash their demoralized forces and you will never hear of any crimes. SPLA wiill free sudanese from the tranny of NCP. Sudan will be free forever.

    repondre message

    • 16 December 2009 21:19, by ismail

      Absolutely your all right dear readers,African leaders are most of them are corruption leaders,So i don’t think Mbeki could
      solve the problems,if he want to solve this problems he must
      support the ICC,the guy he already arrest by ICC what’s else
      after the ICC they can do nothing they can do so is better for everyone of leaders around the world to
      support international Criminal Court at lest they can help to protect the human being, in the ground,

      repondre message

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