Pro-Sudan group protest ICC exclusion of signatures

May 1, 2009 (WASHINGTON) – Two pro-Sudan groups requested clarification from the International Criminal Court (ICC) judges on the move by the court’s registry to exclude signatures from the Darfur case records.

The UK lawyers who represent the Sudan Workers Trade Unions Federation (SWTUF) and the Sudan International Defense Group (SIDG) said that petitions signed by 1.8 million Sudanese “need to be available” to the court, parties to proceedings, and the public.

The petitions in five boxes was to be filed as part of a motion submitted this year asking the ICC judges not to issue an arrest warrant for Sudanese president Omer Hassan Al-Bashir.

The judges rejected the motion by the pro-Sudan groups and afterwards the registry informed the latter that they will not file any document pertaining to the application.

The Registry based its move on the time of when the petitions were received. The judges denied the application on February 4th while the signatures came on February 9th.

But Sir Geoffrey Nice, representing the groups, contends that the timing of sending the petition is irrelevant since they had agreed with the registry prior to the Chamber’s decision that the signatures were to be received at a later date.

“The Registry had shown disrespect for the opinions of nearly two million Sudanese citizens by its unilateral action” their application reads.

But the registry filed a response defending its position.

“The Registry in the first place wants to point out that it can not be held responsible for the fact that petitions intended to be attached to the document principal and its annexes, arrived at the Registry on 3 and 4 February 2009, were not received until 9 February 2009”.

“It belonged instead to the author of the document to ensure completeness before you send it to the Registry. The fact that employees of the Registry have shown a courtesy indicating applicants that the board contain the original petitions could be delivered at the Court during the day of 9 February 2009 would in no way be construed as an assurance that such documents would be recorded in the file of the situation, especially if legal reason prevented registration.”

The two groups have made a failed attempt in February to stall a possible arrest against Bashir arguing that is not in the interest of justice and that other alternatives of transitional justice are being pursued.

Sudan says it has no links to the two groups and that they are acting on their own behalf. However some of their members met with Sudanese officials and were promised support.

But the Pre-Trial Chamber I which is handling the Darfur case ruled that the interests of justice is an assessment made by the office of the prosecutor once an investigation is initiated in accordance with the Rome Statute.

The groups attempted to appeal but the judges turned it down as well.

On March 4th the ICC judges officially charged Bashir for seven counts of war crimes and crimes against humanity making him the first sitting head of state to be indicted by The Hague based court.

(ST)