Sudan’s former spy chief slams slow pace of Darfur crimes probe
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June 7, 2011 (KHARTOUM) – The former director of Sudan’s National
Intelligence and Security Services (NISS) Salah Gosh chided the
government over the lack of progress in its investigation of the
alleged war crimes committed in the country’s western region of
Darfur.
JPEG - 13.7 kb
Salah Gosh, former director of Sudan National Intelligence and
Security Services (NISS) and former presidential adviser for security
affairs (Reuters)
"Despite the appointment of a general prosecutor for crimes in Darfur
and having several cases pending we have not seen them [cases]
presented to the courts," Gosh said at the National Assembly during
deliberations on a report presented by the justice minister Mohamed
Bushara Dousa on the performance of his ministry.
He further warned that accusations by the outside world about the
inadequacy of the Sudanese legal system, particularly in relation to
Darfur, should not be taken lightly.
Gosh is a member of parliament representing Merowe constituency in
North Sudan. He acquired the seat following elections held in April
2010. Up until recently, Gosh was considered a powerful figure within
the state and the ruling National Congress Party (NCP).
But last April he was abruptly sacked by Sudanese president Omer
Hassan Al-Bashir from his position as presidential adviser for
security affairs. No reason was given for the decision though other
NCP officials hinted that Gosh was planning a coup.
This move followed his surprise removal in 2009 by the Sudanese
president from the directorship of the NISS, a position he held since
2004.
Last month Gosh was also relieved from his position at the NCP where
he was the head of the party’s workers’ secretariat. A senior party
official at the time suggested that Gosh could also lose his seat in
the parliament should he decide to leave the party.
Bashir’s former adviser has maintained silence ever since amid
widespread rumors that he is being held at the notorious Kober prison
in the Sudanese capital.
In his first public remarks since his removal, Gosh pointed out that
Sudan has the qualified staff to bring justice but that the current
laws are not strong enough.
He emphasized the need for a political will to establish the desired
state of justice and the law.
The Sudanese justice minister responded by acknowledging the slow pace
of investigations in Darfur but said that war in the restive region is
the cause behind it.
The forceful statements by Gosh will likely raise eyebrows given the
fact that he personally was named as a possible suspect in Darfur war
crimes by human right groups.
In 2004 Gosh gave a rare interview to Reuters and made the first
confession of its kind that the government armed the notorious
Janjaweed militias accused of having committed mass atrocities in
Darfur.
Prior to this interview, the Sudanese government has vehemently denied
any links to the militias.
Gosh also acknowledged that human right violations took place in
Darfur and stressed that those responsible would be brought to
justice.
But there has been little visible progress on the justice track for Darfur.
Last April the Sudan Justice Ministry Undersecretary and special
prosecutor for Darfur crimes Abdel-Dayem Zumrawi resigned from his
post citing personal reasons. However, sources told Sudan Tribune that
Zumrawi was unhappy by what he thought was too much interference in
his work by other government agencies.
Zumrawi was appointed last October as a special prosecutor to replace
his predecessor Nimr Ibrahim Mohamed who occupied this position since
2003.
The independent Al-Sudani newspaper reported that Zumrawi had
difficulty overcoming the issue of immunity in his investigations of
several incidents that occurred where mass civilian deaths was alleged
including Gereida in South Darfur.
The justice minister appointed Al-Fatih Mohamed Eissa Tayfour to
replace Zumrawi.
Sudan has sought to prove its seriousness in going after perpetrators
of war crimes by appointing a special prosecutor and establishing
special courts.
But no cases have been brought to date in connection with war crimes
in Darfur by the special prosecutor.
The United Nations Security Council (UNSC) referred the situation in
Darfur to the International Criminal Court (ICC) in March 2005 after a
UN international commission of inquiry concluded that the Sudanese
judiciary is unwilling or unable to carry out credible prosecutions in
the war ravaged region.
To date, the Hague tribunal charged three individuals from the
government side including president Omer Hassan Al-Bashir, South
Kordofan governor Ahmed Haroun and militia leader Ali Kushayb.
All three figures face charges of war crimes and crimes against
humanity but Bashir is also wanted for genocide in connection with
claims that he orchestrated a campaign to wipe out the African tribes
of Fur, Zaghawa and Masaalit in Darfur.
The Sudanese leader blocked attempts by the then general prosecutor
Salah Abu-Zeid in 2007 to investigate Haroun. The former justice
minister Abdel-Basit Sabdarat was also pressured to stop a planned
probing accusations of Haroun’s role in Darfur war crimes.
In addition to that the government held Kushayb in preparation for
trial but later released him despite earlier assertions of having
sufficient evidence to try him.
Last January, the state minister for justice Bol Lul Wang told Reuters
that Khartoum has not conducted serious investigations into Darfur
crimes. He also claimed that the Sudanese government has no will to go
after suspects because of the high-level position they occupy.
"The prosecutor may find some difficulties taking procedures against
them [Haroun & Kushayb] because they are being protected by the
government," Wang said.
"These people are high figures in the government. The government has
no will to pursue or even investigate those people ... It is not
serious. Because if it was serious they would not let a man like
Haroun hold a ministerial post."
An African Union panel headed by former South African president Thabo
Mbeki was tasked with working on ensuring that Sudan establish
mechanisms to bring justice to Darfuris particularly through hybrid
courts as well as making changes to the penal code.
But Khartoum resisted the idea and Mbeki acknowledged in a report last
November that he had little success in pushing Khartoum to implement
his justice proposals.
The US-based Human Rights Watch (HRW) said in a report issued last
October that the Sudanese government "has made no meaningful progress
in the implementation of the Mbeki Panel recommendations on justice".
"[T]he government has not taken key steps to strengthen its criminal
justice system in line with the panel’s recommendations and with its
obligations under international law and its own constitution,".
(ST)
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