Brazil supreme court deliberating on legality of arresting Sudanese president
November 24, 2009 (WASHINGTON) – The Brazilian foreign ministry forwarded to the Supreme Federal Court last July the arrest warrant issued by International Criminal Court (ICC) against Sudanese president Omer Hassan Al-Bashir for review.
Bashir is wanted by the ICC on seven counts of war crimes and crimes against humanity allegedly committed in Sudan’s western region of Darfur. He is the first sitting head of state wanted by the court since its inception.
The highest legal authority however, rejected the foreign ministry request of handling the matter “confidentially” saying that the existence of the arrest warrant for Bashir and request of ICC member states to cooperate has been made public.
Among the issues raised in the 19-page preliminary assessment by the Supreme Court is the prohibition by Brazilian constitution on the imposition of life imprisonment contrary to the Rome Statute provisions on sentencing suspects. It also points to other procedural matters such as concept of extraditing a suspect to versus delivering them and the status of Bashir as a foreign official who would normally enjoy immunity under international law even though it pointed out that the Rome Statute considers that to be irrelevant.
It is not clear whether or not the Brazilian Supreme Court intends to write a full blown analysis on the matter or it would wait until the need arises for a determination to be made. The Chief Justice Celso de Mello said the court will have to decide whether it has jurisdiction to issue findings on any of the legal questions raised in the preliminary assessment.
The Sudanese president skipped the second Africa-South America summit held in Venezuela last September. However, Bashir’s plane would have to fly through Brazilian airspace making him theoretically vulnerable for interception and arrest.
Sylvia Steiner, a Brazilian judge at the ICC, was a member of the Pre-Trial Chamber I that decided to issue the arrest warrant for Bashir. In April the Brazilian president Luiz Inacio Lula da Silva refused to sit next to his Sudanese counterpart during a lunch banquet in Arab Gulf state of Qatar.
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johnmaker
Brazil supreme court deliberating on legality of arresting Sudanese president
Thank a lot Brazilian for unsahakable commitment toward hague court.Bashir must be arrested no matter how deep he dug himself down.He must have to face the reality.My advice is that;Brazil should urged many countries in Eu to support bashir’s arrest.Also talk to ICCJ too so that they should support the idea.Thanks.
BUSTA 2
Brazil supreme court deliberating on legality of arresting Sudanese president
Brazilians are just footballers!!
Brazil is just fake country which can hardly talk about H.E Bashir the President of Republic of the Sudan.
If President of Sudan want to go to ICC he will do it but he will not force to go there.
Brother in Christ,
Busta 2
Samson Shawel Ambaye
Brazil supreme court deliberating on legality of arresting Sudanese president
God be with UNSC ICC and international community unity against criminal Bashir.
There are African countries like Ethiopian and Eritrean illegal governments condemning the arrest warrant.
They deserve investigation and arrest for crimes they committed against civilians in their country and in Somalia.
Dinka Boy
Brazil supreme court deliberating on legality of arresting Sudanese president
Criminal Bashier must be Arrest in the day light.
oshay
Brazil supreme court deliberating on legality of arresting Sudanese president
We support you Mr President, we are true patriots not Dinka rats and SPLM thugs.
spla soldier
Brazil supreme court deliberating on legality of arresting Sudanese president
The Brazilian stance on Al-Bashir’s arrest warrant is a candid and a bold a move. This clearly shows that war crimals like Al-Bashir don’t deserve to live in state houses but face charges in the Hague like his mates that have already ended there. The clock is ticking. Soon or later he will surely be behind bars in the Hague and the victims of his war crimes will certainly wish him eternal rotting in the cell.
Hillary B.M.L,M
Brazil supreme court deliberating on legality of arresting Sudanese president
Guys do you know that Muslims don’t care going to a Country which heshe get no benefit, specially Islamic Religion spreading? If Citizens of any Country in the World refuse to Convert to Islam or consider it as heavenly Religion the existing Muslims people would not mind going to that specific Country, simply because they gain nothing Religiously. But if enter a Country and they were welcome then Islam has entered also even this could happen to Vatican if Single Muslims put leg there, sure would convert even Pope.
Fear no Body in the World but Muslim Person.
Achuil Manyuat Tong
Brazil supreme court deliberating on legality of arresting Sudanese president
This criminal wil face it one day .
He is already locked in the room in Khartoum even fearing to travel to south Sudan .
The Devil will soon go to hell !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!