Amnesty criticizes Sudan’s record in bringing justice to Darfur
March 4, 2011 (WASHINGTON) – Human rights group Amnesty International said that the culture of impunity remains pervasive in Darfur with no steps taken by the Sudanese government to ensure accountability for the crimes committed in the war ravaged region.
“Impunity extends far beyond the highest level of government and militia leaders. Victims have no hope of accessing justice, truth or reparations nationally,” Amnesty International said in a statement.
“For example, on 2 September 2010, armed groups attacked Tabra village, in north Darfur reportedly killing more than 37 people. In response to the attack, on 17 September, north Darfur Governor Osman Mohamed Yousef Kibir stated there would be a commission of inquiry to investigate. Six months later, no information has been made public on the progress of the investigation and no one has been charged in relation to the attack”.
Exactly two years ago the International Criminal Court (ICC) issued an arrest warrant for Sudanese president Omer Hassan Al-Bashir for crimes against humanity and war crimes he allegedly masterminded in Darfur. A year later, the court added genocide charges.
Bashir remains at large thanks to the backing of Arab and African nations. The African union (AU) in particular has instructed its members not to cooperate with the court in apprehending Bashir after the United Nations Security Council (UNSC) did not heed to its request to defer the indictment.
“Despite the severity of the charges a number of countries, including Chad and Kenya which are party to the Rome Statute of the ICC, have obstructed justice by refusing to arrest President al-Bashir during official visits to their countries”
The UNSC referred the situation in Darfur to the International Criminal Court (ICC) in March 2005 after a U.N. international commission of inquiry concluded that the Sudanese judiciary is unwilling or unable to carry out credible prosecutions in Darfur.
An AU panel headed by former South African president Thabo Mbeki recommended in late 2009 the establishment of a hybrid court consisting of Sudanese and foreign judges to try the perpetrators. Sudan initially said it accepted the report but later disapproved of it saying it is an infringement on its sovereignty.
Mbeki said in his progress report last November that he has so far been unsuccessful in implementing the justice component as mandated by the AU.
Earlier this year, the state minister for justice Bol Lul Wang told Reuters that Khartoum has not conducted serious investigations into the alleged war crimes in Darfur. He also claimed that the Sudanese government has no will to go after suspects because of the high-level positions they occupy.
To date, the Hague tribunal has charged two individuals from the government side besides Bashir including South Kordofan governor Ahmed Haroun and militia leader Ali Kushayb. Sudan refused to surrender the two men and said it does not recognize the court’s jurisdiction.
“The impunity re-enforces the cycle of violence in Darfur. Without justice, serious violations of international humanitarian and human rights law continue to be committed on an almost daily basis against the civilian population” Amnesty International said.
The U.K. based organization called on the UNSC and other states to ensure the execution of the outstanding arrest warrants by the ICC in connection with Darfur.
(ST)