Sudan says immunities granted to individuals impeded justice in Darfur
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January 16, 2012 (KHARTOUM) – The Sudanese justice minister Mohamed
Bushara Dousa made a rare acknowledgement that the immunities granted
to individuals have “hindered” bringing justice in the country’s
western region of Darfur.


Sudan justice minister Mohamed Bushara Dousa (Sudan TV)In press
statements made to the independent al-Tayar newspaper Dousa revealed
that 25% of the people in Sudan have some form of immunity.

The top justice official said that the former special prosecutors
assigned to probe the alleged war crimes in Darfur did not fail but
that immunities frustrated their work.

Dousa pledged that legal procedures will be followed and that crime
perpetrators will be prosecuted particularly those related to
violations committed in Darfur.

Last week, the Sudanese justice minister appointed a new special
prosecutor for Darfur and later the country’s chief justice
established the special court to try the gravest crimes in the
war-torn region.

This is part of the requirements stipulated by the Doha Document for
Peace in Darfur (DDPD) signed between Khartoum and the Liberation and
Justice Movement (LJM) last July.

Since the outbreak of the war between Khartoum and mainly African
rebels in Darfur eight years ago, Sudan has downplayed the scale of
crimes saying that only 10,000 have perished which ran contrary to
United Nations estimates of 300,000.

The Sudanese government has also insisted that its judicial system is
capable of trying any individuals suspected of being involved in war
crimes in Darfur.

But a UN commission of inquiry concluded in 2005 that Sudan’s
judiciary is unwilling or unable to seriously tackle the issue of
human rights breaches there.

As a result, the United Nations Security Council (UNSC) decided in
March 2005 to refer the situation in Darfur to the International
Criminal Court (ICC). The latter has charged three individuals from
the government, including president Omer Hassan al-Bashir, South
Kordofan governor Ahmed Haroun and militia leader Ali Kushayb.

All three 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.

Over the years Sudan has appointed several special prosecutors and
established special courts to go along with them in order to deflect
the criticisms over Darfur justice and convince the UNSC to freeze
proceedings against Bashir. But to date no high-profile prosecutions
have taken place.

Haroun, one of the ICC suspect, has slammed the justice ministry in
March 2009 after the former Darfur special prosecutor Nimr Ibrahim
Mohamed suggested that they could investigate him.

The current South Kordofan governor said that this is inconsistent
with the state’s position.

This echoed a move by Bashir in early 2007 blocking the then Sudanese
attorney general Salah Abu-Zeid from probing Haroun.

But in recent years a number of Sudanese officials have spoken about
difficulties encountered in Darfur prosecutions.

Last year 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.

The privately-owned Al-Sudani newspaper reported at the time 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.

A year ago the outgoing 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.

Sudan’s former spy chief Salah Gosh last year rapped the justice
ministry over the lack of progress in its Darfur war crimes
prosecutions.

"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 on the
performance of his ministry.

(ST)

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