ICC says no absentia trial for Sudan president

February 27, 2010 (WASHINGTON) – The office of the prosecutor at the International Criminal Court (ICC) denied news reports in Khartoum that it intends to push for conducting in absentia confirmation of charges hearing for Sudanese president Omer Hassan Al-Bashir.

“There is a procedure for confirmation of charges in absentia under the Rome statute but the OTP [Office of the prosecutor] is not considering this option at the moment” Béatrice Le Fraper du Hellen, Head of Jurisdiction, Complementarity and Cooperation told Sudan Tribune in an email.

Article 61 of the Rome Statute states that “the Pre-Trial Chamber may, upon request of the Prosecutor or on its own motion, hold a hearing in the absence of the person charged to confirm the charges….when the person has Waived his or her right to be present or Fled or cannot be found and all reasonable steps have been taken to secure his or her appearance before the Court”.

Sudan does not recognize the court and so far Bashir has evaded travelling to ICC signatories with obligation to arrest him.

“We are preparing additional evidence in relation to President Al Bashir’s intent to commit genocide, and the cover up of such crimes by the Sudanese state apparatus including HAC [Humanitarian Affairs Committee] and foreign affairs officials” du Hellen said.

“Since the arrest warrant was issued against President Al Bashir by the judges in March of 2009, he is being marginalized and isolated in the international community, and the Sudanese authorities are forced to show goodwill in peace negotiations. We will continue to work towards the increased isolation and finally the arrest of President Al Bashir. This is our priority” she added.

The ICC issued an arrest warrant for Bashir a year ago accusing him of masterminding war crimes and crimes against humanity in Sudan’s Western region of Darfur.

Earlier this month the appeal chamber opened the door for adding the three counts of genocide after it ruled that the Pre-Trial judges erred in applying the legal standard for assessing the prosecutor’s request in adding these charges.

The judges will now have to decide anew whether there is reasonable evidence to determine whether Bashir can be tried for genocide.

Sudan has condemned the appeal chamber decision saying its timing is meant to sabotage the elections and the Darfur peace process.

On Wednesday the ICC prosecutor requested a closed hearing with the pre-trial judges saying it intends to file additional information.

“The Prosecution considers that a hearing would provide it with an opportunity to seek the Chamber’s guidance on the most efficient and appropriate means to proceed” the prosecutor’s requests reads.

The prosecutor has said in the past that a decision on the genocide charges could take up to a year.

(ST)