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ICC judges to rule on genocide appeal against Sudanese president next week

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January 28, 2010 (WASHINGTON) – The appeal chamber judges at the International Criminal Court (ICC) announced today that they will issue a long awaited ruling pending since last July on the prosecutor’s appeal against the decision of the Pre-Trial chamber that refused to endorse genocide charges against Sudanese president Omer Hassan Al-Bashir.

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Sudanese president Omer Hassan Al-Bashir

Last year the Pre-Trial Chamber I issued an arrest warrant for Bashir on five of crimes against humanity and two of murder but the majority of the judges (2 out of the 3 judges) decided that the evidence presented by the prosecutor Luis Moreno-Ocampo does not meet the threshold required by Genocide convention and Rome Statue to establish that the gravest crime has been committed in Darfur.

Ocampo accused Bashir of masterminding a campaign to get rid of the African tribes in Darfur; Fur, Masalit and Zaghawa, something which Khartoum vehemently denies labeling the accusations leveled at the Sudanese president as “lies” and a “Western conspiracy”.

The prosecutor’s central argument is that the Rome Statute only requires the judges to affirm that there is “reasonable evidence” that an individual committed a certain crime for the issuance of an arrest warrant.

His appeal contends that the judges applied a higher threshold of evidentiary proof than required at this stage of the proceedings thus the ruling will determine “whether the Pre-Trial Chamber applied the correct legal test under article 58 of the Statute to determine whether there are reasonable grounds to believe that Omar Hassan Ahmad Al Bashir is criminally responsible for genocide”.

Two pro-Sudan groups namely Sudan Workers Trade Unions Federation and the Sudan International Defence Group have filed amicus curiae briefs urging the judges to dismiss the prosecutor’s appeal.

The five member appeal chamber originally included Judges Akua Kuenyehia from Ghana and Anita Usacka from Latvia who were part of Pre-Trial Chamber I that decided on the case against the Sudanese president.

However, both judges asked the ICC president to recuse them from sitting on this appeal for citing their previous involvement with the case. The ICC presidency granted them their request and replaced them with Judge Ekaterina Trendafilova from Bulgaria and Judge Joyce Aluoch from Kenya.

Prior to the appeal chamber announcement and speaking from Davos in Switzerland, Ocampo said on Thursday said he expects judges to add a charge of genocide.

“The people in the camps are still suffering what I consider genocide,” he told Reuters in an interview. “And in a few weeks the appeal chairman will rule on my request to include genocide charges. I think I will win”

Ocampo said conditions in the camps amounted to a “slow death” which the world had lost interest in adding that Bashir is now in the process of getting marginalized.

“President Bashir is indicted. He is a fugitive president,” he said, citing what he said were refusals by South Africa, Uganda, Nigeria, Turkey and Venezuela to host the Sudanese leader since the warrant was issued.

"It’s a process of marginalization.... Bashir’s destiny is to face justice — in two years or 20 years”.

However, Bashir managed to maintain ability to travel regionally to countries such as Egypt, Eretria, Libya and going as far as Zimbabwe and Mauritania, none of which are ICC members. This weekend he is scheduled to fly to Addis Ababa to take part in the African Union (AU) summit.

The AU has gave full backing to Bashir in its summit last year and decided that no African nation will cooperate with the ICC in apprehending him even if party to the Rome Statute though some countries have later dissented from this resolution.

The appeal chamber decision would have no real practical implication as an arrest warrant is hanging on his head but if an adverse decision is made against Bashir it may increase pressure on him.

If the appeal chamber agrees with the prosecutor it may remand the case back to the Pre-Trial Chamber I to issue a new decision consistent with their opinion or directly order that the genocide charges be added.

(ST)

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  • 29 January 2010 06:21, by Gatwech

    Bashir must remain a wanted criminal until he is captured alive and hang. He will remain a fugitive leader and law breaker.

    Gosh, why Sudan is being run by law breakers in both North and South?

    repondre message

    • 29 January 2010 06:43, by SPLA

      Gatwech,

      Not only Bahsire but those of Riek Machar, Lam Akol and Paulino Matip are the law breakers in Sudan. They all have indeed committed a genocide in Sudan. Therefore, they must be captured alive and hang for the betterment of the Sudanese people.

      SPLA

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      • 29 January 2010 07:23, by Padiet Gagag

        SpLA
        Don,t mess up SPLA name is for GOSS not you, Bashir will be hang and Abele Alier insteady of Riek , Lam Akol and Paulino Matip, because they are Roots of GOSS.You just only cry with your heart no way,while kirr is Cannible.

        Dinka Bor must cry for ever otherwise they will die with heartfailure.
        No body will hang Riek,Lam and Paulino unless you need more lessons.
        Please rush that in your mind it may increase your problem your vilain is conpeciose to very one in Southsudadn.

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        • 29 January 2010 12:09, by Majok Arol Dhieu

          Dear Gatwech
          I have only quoted what you said in your argument with SPLA that "Unless you need more lesson" which lesson is that Gatwech? Is it not that of 1991? You did not succeed that time. Unless you have sever mental retardation to forget that situation.
          You better be ashame instead of being proud of what you did not possess. What a fake man from Nuer?

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        • 29 January 2010 15:23, by Ajak Yak Giet...

          You don’t deserve to put your ass on this site idiot...go back to school and learn English....By yourself common mistake and stop boring us here messing with tenses...I absolutely disagree with your language jerk dull fool son of bitch....
          Riek must accompany Bashire to the ICC whether you like it or not....No forgiveness any more and you shall face the daredevil behavior’s fruit...

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      • 29 January 2010 07:42, by Padiet Gagag

        Bashir will face the consquen of his Evil feats ,He wil die by hanging.
        Nothing could be hided underground it may get rush if any one did evil things there will be time for those things to be dig out.The ungodly act must end ,How ever,if any body will still practice evill will havest them when the get ripe.

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      • 29 January 2010 09:22, by Njara Ndarago

        You Mr. man or what so ever you call yourself, leave Dr. Riak out of this your ergative talk or otherwise your points is so childishly.

        Lavrick

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      • 29 January 2010 19:53, by Mr man

        Mr SPLA, or what every you call yourseft, your are not the low so keep your dirty mouth shot,if we are talking about the people who kill, we can go and dig Garang, and Kuol Manyang take them to ICC because they are killer too, they kill the SPLM top leader and now we are lating them go why???william Nyuon Bany was the strongest man in the SPLA, where is he now he is gone, Gai Tut, was tronger SPLA, foces now he is gon why? Garang, and Koul.

        Dieu

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    • 29 January 2010 07:46, by Deng Akol Agut-tungdoun

      Haleluya!!!

      The most wanted crimanals and terrorists are Bashir and Osama. That is how the outisde world look at it. But here in Sudan and South Sudan in particular, the list is so long.

      The most wanted nyegateens are now crying in all the cities, because their corner stone is undergoing some sorts of too much deformation. Thanks God and the ICC for that.

      NEW YEAR MESSAGE TO THE ABOVE NYEGATEENS.

      1-Riek Machar

      2-Lam Akol

      3-Paulino Matip

      4-Gabriel Tanginya

      Now tht your master is soon going to be skined alive where are you going to hide? How are you going to dodges us? I think you better change right now before Bashir is taken otherwise you will never be forgiven by the very citizens whom you have been betraying for all these hard decades. Rember when they are talking od Bashir they are indirectly talking your like.

      Be blessed,

      Deng Akol Agut-tungduon, a man far away from tribalism.

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      • 29 January 2010 17:15, by Nuerfudinka

        the icc should start haging Dr.john garrang event if he had die,and would be follow by!!!.

        1-Dr.kiir mayardit
        2-kuol manyang
        3-Abel Aliar or Alier
        4-karbino kuany
        5-pagan amum
        6-yasir arman

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      • 29 January 2010 19:35, by yiendakduop

        Dear Deng Akol
        I want to let you now the New Year Message that you wrote. about the word Nyegateens.this peaple are not Nyagateens as you said. i think you don`t know
        The south background. i con`t follow the word you say becouse your a tribalim. where is a Dinka List of Nyagateens. i think Dinka they are good peaple.brather let me remind you about your word. Nuer are not a killed peaple.
        We fighting with arab becouse of that word. my friend keep up for your talking Nyagateens.mr president Deng Akol Agut.i have some questions (1)when SPLA Army fighting with Lou Nuer.he killng more than 85,000 civilians in Lou Nuer area Mostly child and women.this is a Humanitarian violence again civilians do You think is a Riek Machar who killing them reply to me.if your not a tribalism mr Deng as you say.you can ask GOSS. why the army are fighting with civilians or Becouse are not a Dinka.and who was in power.is not Dr Riek or Matip and Tanginya.
        My friend Deng we are in the peace or south referendum.we don`t need Tribalim peaple like you.All southern Leaders they are killed.my dear don`t Remind the gon thing. we forget the thing you talks about it.
        and thank God Blesesssssssssssssssssss

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    • 29 January 2010 20:09, by mohamad adam

      gatwesh go and hang your self as long as you are an idle who does not want to look for a ajob bashir and kir will continue ruling sudan with and without you idler

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  • 29 January 2010 06:49, by Time1

    This should be appreciated fromt he ICC, Darfur people needs justice and need the world to s tand with them against this massacres and crimes that is still going on as we speak, just last week alone more than 10 darfuris have been senteced to death for oppositon Omer bashir.

    Genocide has to be stopped anywhere int he world, what happen during the holocaust should not be allowed to happen again, that is why the ICC judges must pass this Genocide charges against Omer bashir to bring him to face justices over his war crimes in Darfur.

    God bless Ocambo in his bravery to face the Sudanese president.

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  • 29 January 2010 07:10, by Sudan virus

    The Arrest of Bashiir will bring high impact on peace/and war against terrorism in Africa,especially Darfur and Somalia.

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  • 29 January 2010 07:20, by Simpleman

    Bashir is finish this marks the end of his least deadly kicks
    Safe journey mr.dictator

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  • 29 January 2010 07:33, by murlescrewed

    ENOUGH of this! This is our PRESIDENT for better or worse. We as Sudanese must put the national dignity before these unproven allegations. Al-Bashir is not personally culpable for what happened in Darfur. He is being targeted by the enemies of the Sudan.

    Under certain circumstances, we would have to really think hard whether these charges are based on legal reasoning or other agenda. If what happened in Darfur was similar to what Pol Pot did in Cambodia or Hitler did in Nazi third Reich, we would be seeing refugee camps turned into giant killing fields. But this is not the case. The government has not reacted correctly to insurgency in Darfur but this does not really amount to genocide. I hope the judges dismiss all charges and help Sudan in enforcing justice in Darfur.

    Al-Bashir has done a good thing in the South by ending war there. That is millions of lives saved. If he could do that in the South, would the same guy commit genocide in Darfur? Let’s be realistic here and call attention to some deficiencies in ICC case.

    I am all for justice as long as it is based on laws and not other motives. What the ICC is doing is based on emotions and not laws. It is creating a precedent that will haunt it in the future.

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    • 29 January 2010 07:59, by Deng Akol Agut-tungdoun

      Hi bro,

      There used to be heavy arrial bombadment in the Internal Displaced Camps(IDPs), What more killing do you thinks do amount to genocide? Killing of the civillians itself is a war crime if you doubt it being genocide, do you think Bashir will go unpunished for the war crimes he committed in Darfur? It is big No! The only place for the crimanals is jail/prison,no much no less!

      Bashir with or without the genocide charges will not go unpunished for the war crimes that he had committed both in Darfur, Eastern Sudan and Southern Sudan.

      His days sre now numbered and must soon be skinned alive BY THE ICC.

      Be Blessed,

      Deng Akol Agut-tungduon, a man far away from tribalism.

      repondre message

      • 29 January 2010 08:31, by murlescrewed

        Let me ask you a question: How many Palestinians, Iraqis or Afghanis have died in the hands of external forces? More than what has happened in Darfur. Granted, there have been crimes in Darfur and even South. This is the reality of conflict. Just look at Viet Nam. It lost millions of people over a 14 year war with US. No one dared take the US to the court. Do you value lives in those countries any less than those in Darfur? No.

        There is more to what the ICC is doing now than justice. They want to establish a very bad precedent of indicting sitting heads of states and soon, who knows where this would end. What is more important to consider is that justice should not be based on emotions. There are other people that could have been indicted. Al-Bashir is the last guy they should even consider.

        repondre message

        • 29 January 2010 10:27, by Deng Akol Agut-tungdoun

          Hi bro,

          It sound like you do not know what you are talking about. To be staight forward, what is the connection between Iraqis, Palestinians, Afghatis, Vietnam and Darfur?

          Who in particular commite those attrocities you are talking about in those countries? The issue of which you needs to know here is no punishment without a law. The above countries you mentioned are terrorists sponsers, do you want terrorism to continue? You must have been retarded if you wish terrorism to continues.

          Bashir as the president in those days committed war crimes in Darfur and therefore, deserved a severe punishment for the same.
          Please let Bashir carry his own cross. Stop defending him on no legal grounds. We have nothing to do with Iraqis and Afghanistan, they are homes for terrorists and we in Sudan, do not want Sudan to become a safe heaven for terrorists of which Bashir and your like are anticipating for!

          Be blessed,

          Deng Akol Agut-tungduon, a man far away from tribalism.

          repondre message

          • 29 January 2010 19:15, by murlescrewed

            It is you my friend who is really naive about all these issues. If you had open your mind a little bit and ask simple questions as to why ICC is failing to indict people from other countries who have engaged in crimes, you will know what my point means.

            Al-Bashir is not a war criminal. At no point has he used chemical weapons against people of Darfur. He did not order a systematic targeting of a tribe. There are no facts to support this issue. Any court would have thrown out all these nonsense because they are based on circumstantial evidence that is lighter than a feather.

            There are countries that have done worse or continue to do worse than Sudan. But you never hear about these countries being investigated by the ICC. When they do, their progress is vetoed at the UNSC. This is the kind of double standard that led President Bashir to refused cooperating with the ICC. Justice should not be a partial process. If another country is given a differential treatment while another country is hounded, justice would fail in its duty.

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  • 29 January 2010 08:14, by Master

    New research on the conflict in Sudan’s western Darfur region shows that more than 80 percent of the 300,000 deaths since fighting began in 2003 were the result of disease, not violence.

    The findings, published Friday in the medical journal The Lancet, suggest many among the millions of people uprooted by the conflict could remain at great risk of succumbing to the malnutrition, diarrhea and waterborne diseases that have ravaged their squalid refugee camps even as fighting has ebbed.

    Fighting between rebels and Sudanese government forces began in Darfur in 2003, driving 2.7 million people from their homes and creating an enormous humanitarian crisis in the vast desert region. Sudan’s government has said the casualty figures are exaggerated.
    Story continues below ?advertisement | your ad here

    The violence has largely subsided, but banditry and kidnappings of foreign aid workers continue to plague efforts to stabilize the region.

    Researchers at the Center for Research on the Epidemiology of Disasters at the Catholic University of Louvain in Brussels, Belgium, put together the study. They reviewed 107 mortality surveys from 2003 to 2008 and chose 63 that met all of the data requirements for their combined statistical analysis.

    The study found the number of deaths from violence peaked in early 2004, a year after the fighting began with a rebellion by ethnic African tribes accusing the Arab-dominated government of neglect.

    At the height of the conflict, government-allied militias known as the janjaweed burned down entire villages, government planes dropped bombs on populated areas and reports of rape by the gunmen abounded.

    During that period, Darfur was called the world’s worst humanitarian crisis.

    Since 2005, most of Darfur’s deaths have been the result of disease, and displaced people have been the most susceptible, the review found.

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    • 29 January 2010 08:25, by Master

      No one has proof or evidence genocide occurred in Darfur, No one is saying it except the Americans and their ignorant, racist, tribal Southern Slaves and traitors. Because they HAVE NO PROOF.

      Ocampo say’s “The people in the camps are still suffering what I consider genocide,” what a load of BS. He considers !!!! What a joke !! No one asked his opinion !

      There are more people dying in Washington DC per day then there are in darfur today. Do you people believe anything your told .. or do your delusions of ruling all of Sudan blind you of the truth.

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      • 29 January 2010 09:52, by Kon Paul Awenchol

        Dear master

        your access to political view of your mind is neither valid to the world of Laws nor direct to the world of facts, but make sure you defend the false that born with you by your mother, God is mistake to creat you in your mother womb.the fugitive president so-call Bashir has committed big crime in Sudan since his coup de etat and nobody or somebody claim about his long killing of his own civilian in Sudan since 1956,what an empty mind you handle better for you to go in the market to sell goods rather than to build such buzz words in sudan tribune.the season day is watered by rain but the dry summer can not shadow the Earth. your Bashir must face World justic inorder to learn about human right.

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      • 29 January 2010 13:52, by Sudani Logik

        Master

        "the Americans and their ignorant, racist, tribal Southern Slaves and traitors"

        Lets suppose you’re right about the West’s hidden agenda, do you think the above statement will do anything to unite the oppressed against the almighty West? Of course not, you racist bigot, all it would do is imply you’re just as bad as them! it does not make sense to acknowledge oppression of the West and deny that of your own brothers in the seats of power in Khartoum....

        Bashir and his gang are running Sudan like the mob, they want to hold on to power by any means necessary!! My advise to you, is seek a true master to educate you.

        Having said all the above, I truly believe the ICC is a joke and a tool used to influence political direction, otherwise Bashir should be joined by many other world leaders in the dock!

        Peace & Unity

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  • 29 January 2010 09:23, by lope lomohidang

    why others always involve LAM ,RIEK amongs others as wrong doers
    AL-BASIR has seen have painful it is to others, now let us think how may people are going to follow AL-BASIR. when will his drive
    OSMAN TAHA BE SHAKEN. remenber we are going have peace if BASIR DISAPPEAR from our EYEZ AND EARS that is the time we glorify lord of SOUTH SUDAN
    GOD BLESS THE PEOPLE WHO ARE SUFFERING AT THE HAND OF
    GENECIDE RELIEF
    US FROM THAT PAIN
    AMEN LOMOHIDANG

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    • 29 January 2010 09:34, by miss JOOK

      No more talking, just hang bastard bashir.

      **To master**
      please get an education you evil arab. your research and findings are correct but your conclusion is worthless and was written by an arab who doesnt value human life. Of course the darfur people died of disease more than violence because they where bombed out of their comfort homes by bastard bashir. Therefore, the conclusion also means that the violence caused displacement and consequently death. shame on you. may Allah curse you and your likes.

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      • 29 January 2010 10:16, by okucu pa lotinokwan

        The truth should be said,president Omer Bashir is very innocent man,but being the president of the of the country,and by taking wrong advisors in his office like Nafi Al Nafi,Osman Taha,Mustofa Ismail,Gazi Suliman,Devil Riek Gai,etc,etc.Now make him the victim for Darfurans Genocides as Okapo put it.If the crimal president should be hang to death all i mentioned should follow the same faith of their crimal president.To let the Darfurans People remain in peace.

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  • 29 January 2010 09:53, by M.Cool.J

    Ocampo,

    Don’t give up.Fight on!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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    • 29 January 2010 12:58, by Shadrack Nuer Machut

      My special congratulation goes to Mr. Luis Moreno Ocampo the chief prosecutor of the ICC for having not given in about Bashir Arrest Warrant as far as indictment is concerned. This will keep those mistreating innocenct pepole aware of human rights. Let the International Committee do her work successfully. Dear Ocampo, it was pleasing last year when ICC announced indictment against Omar al Bashir and it is now very hopeful to have ARREST WARRANT being Implemented against him as well. We are unable to endure him any longer.

      ICC should continue with this judgement and not to be by_ words because there is no possibility that he will simply attend for the call in Hague. He is a very cowardice president who knows his guilty well but does not know how to answer it.

      I want to inform my dear supporters of NCP that indictment of Party President includes the Party itself. The National Election Commission should exclude the NCP in the April general election otherwise it will be his field of capturing. Who is he? He must face the justice. Darfur and South Sudan have and are suffering from his hands now and forever if ICC does not watch carefully.

      It is time for orphans to see good new life of being in your own country. Bashir killed all the parents of children and he is still killing the orphans.

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  • 29 January 2010 18:42, by telfajbago

    The genociode is going on in Darfur while the judges are proceeding with their snail-moving slow judicial procedures, relctant to include the already happened and still happening genocide crime against the innocent civilians of Darfur.However, the International Community will be lacking seriousness to stop the genocide, if the fugitive Al Bashir is to go rule the country again, in the rigged election, and dance on the bones of the people . What a hypocritical world.

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  • 30 January 2010 02:50, by AUGUSTINO DENG

    I don’t know why Southerners people are always cracking their minds in the Arrestment of "Pseudo-Intellectual" leader Mr Omar Bashir? What is the needs of negotiating something obvious? Omar Bashir’s crime is known by everybody and that is why it is expected by the ICC to send Omar Bashir to the jail. How can a person be a leader and kill his own people?

    I indeed agree with the ICC proposals of making Omar Bashir to see the jail right away. What I have to reminded the ICC is that they are making a delayment or procrastination on the a genda of an Arrestment of Bashir. They supposed to captivated Omar Bashir during the time when they filed those 10 charges on him.

    First, did the Southerner leader Salva Kiir Miyardit agree about the Arrestment of Omar Bashir? I hope that ICC needs to contact Salva Kiir Miyardit first of all and explain it to him about the reasons why Omar Bashir is needed to go to the jail since he doesn’t know the advantages of Omar Bashir Arrestment. I don’t wants myself to hear again from Salva Kiir Miyardit sending a warning letter to ICC. When should Salva Kiir Miyardit be known as a President of Sudan not a President of Southern Sudan like he called himself as such? Why do our Southern Sudanese always like to be in a second ladder? Why we are not in the First Ladder instead of second,third and forth?Its become useless if the leader always forget about the fate of his people. SPLM/SPLA fought for about 22 years and if people know that this should be the way in which our Movement is going to be, then there is no point of creating Factions against Khartoum Government.

    I’m really doubt that our Southern Sudanese Government under the leadership of Salva Kiir Miyardit and the rest of the other people will not bring any victory at all. As a result, we Southerners people of Southern Sudan, we will still go back to Khartoum Government like what happened in Anyanya 1. People said that the Arrestment of Omar Bashir will discontinue the acceleration of the CPA. Why the death of Dr John Garang Mabior doesn’t affected the CPA rather than the Arrestment of Omar Bashir will be the one which will cause the CPA to collapse? Does it mean that Omar Bashir is the one who sign the CPA by himself without Dr John Garang Mabior? The supporters of this agenda are all "sycophant people"-those who always rely under the rich people for the favor to gains something. Gains whatever you wanted from Omar Bashir and make sure that you will die of it.

    After all, Salva Kiir needs to close his mouth about the ICC initiative of their proposal Arrestment which they have waged on Omar Bashir. Let Salva Kiir Miyardit see the problem of the Southern Sudan first. I have never saw a person in my life starting cleaning his room or house from the front-inner door through the inner-corner of his door. Cleaning of the house started from the innner-corner to the front-inner of the house.
    So, Mr Salva Kiir Miyardit Advisors needs to oriented a careful cleaning of the house to Salva Kiir Miyardit. With this "Micro-politic" which I see in our Southern Sudan,Omar Bashir will never leave from power since Some Southerners leaders never scrutinized before-hand. There are so many way of killing rats. You can kill rats by poisoning it, Shooting it, trapping it, stonning it and catapult it. Why Southerner leaders don’t use one method of killing rat above?

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    • 30 January 2010 02:52, by AUGUSTINO DENG

      Remember Omar Bashir, Salva Kiir Miyardit will never helped you this time like he used last time ago.

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