Lawyer of Darfur rebels to challenge legality of special courts

June 23, 2008 (KHARTOUM) — Lawyers for 36 people accused of involvement in a Darfur rebel attack on Sudan’s capital said on Monday they would challenge the legality of special courts formed to try them, arguing that they violate the constitution.

The attack in May marked the first time a regional rebel group had brought its fight to the capital. Hundreds were wounded and 200 killed in clashes when the rebels were halted in the suburbs, across the Nile from the presidential palace and army headquarters. The trials began last week.

“Most shocking is that it is stated that if there are conflicts between the provisions of these special courts and current laws then the special courts’ provisions should prevail,” lawyer Saleh Osman said.

He added that other rules were illegal, including that the three special anti-terrorism courts — one in downtown Khartoum and two in suburbs of the capital — can continue even in the absence of defence lawyers or the accused themselves.

Kamal al-Jazouli, a member of the defence team, told reporters: “We will go to the constitutional court and ask for them to stop all of these proceedings completely and we will await their decision.”

Three of the accused found to be under 18 were taken from the first sittings of the three courts formed by the chief justice to try the case, reducing the total number of defendants to 36. But the lawyers said they had no idea what had happened to the children.

While lawyers from two of the courts were later allowed to visit their clients, the judge in the central Khartoum court refused and insisted the court must continue anyway, forcing the defence to withdraw in protest, Jazouli said.

“How can we cross-examine witnesses or the accused if we’ve not met them yet?” said Amin Mekki, lead counsel for the Khartoum court.

Mekki said the defence team would lodge its case with the constitutional court to stop all three courts working in the coming day or two on the basis that the rules of the special tribunals contravene the constitution and criminal procedures.

The three courts will sit again on Tuesday, the lawyers said. Sudan’s prosecutor general was not immediately available to comment on the rationale for the special courts.

(Reuters)