Sudan’s Bashir leaves South Africa as local court orders his arrest
pending transfer to ICC
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June 15, 2015 (WASHINGTON/KHARTOUM) – The Sudanese president Omer
Hassan al-Bashir left South Africa few hours before judges at the High
Court handed down a decision ordering his arrest and rapping the
government for what it described as a violation of the constitution.
"The respondents are forthwith compelled to take all reasonable steps
to arrest President Bashir ... and detain him pending a formal request
for his surrender from the International Criminal Court," presiding
Judge Dunstan Mlambo was quoted as saying by local South African
media.
Bashir has left around noon local time as the High Court was listening
to arguments from the government attorney and the one representing
Southern Africa Litigation Centre (SALC).
The government attorney asserted to court in the first part of the
proceedings that he believes that Bashir is still in the country.
He went on to say that the list of passengers on the Sudanese
presidential plane submitted to the control tower at the Waterkloof
airbase did not include the name of Bashir.
The arguments were then focused on the issue of immunity for the
Sudanese leader who was indicted by the International Criminal Court
(ICC) in 2009 & 2010 over alleged war crimes, genocide and crimes
against humanity during the Darfur conflict.
But the government underscored that despite South Africa being a state
party to the ICC founding statute and having incorporated it into its
constitution, Bashir is covered by the Diplomatic Immunity and
Privileges Act .
He also said that Bashir as one of the delegations attending the
African Union (AU) summit hosted by South Africa has been granted
blanket immunity per this act and for the purposes of this regional
summit. .
The judge then asked the government attorney whether Bashir would be
liable for arrest should he be South Africa for a vacation.
"Yes" was the direct response by the government attorney.
Before the adjournment of the first session the government attorney
affirmed his position that Bashir has not left the country.
After the court session resumed, the government attorney said that he
received notification from the South African presidency and Department
of International Relations and Cooperation that the Sudanese president
flew out.
He explained that the government will initiate an inquiry into how
Bashir was able to leave the country despite a previous order barring
his departure from the country pending a decision into the case.
Mlambo expressed concern that Bashir was allowed to leave despite the
court order and ordered the government to file an affidavit explaining
how that happened in what appears a step before determining who will
be held in contempt of court.
"It is of concern to us, as a court that an order issued was ignored" he said.
BASHIR TO RECEIVE HERO WELCOME IN KHARTOUM
Bashir is expected to arrive at 6:30 PM in the evening and will be met
by a crowd of supporters mobilized by the ruling National Congress
Party (NCP).
The Sudanese Minister of State at the Ministry of Information Yasser
Youssef confirmed on Monday that President Omar Hassan al-Bashir left
Johannesburg.
Sudan News Agency (SUNA) said that the Sudanese Foreign Minister
Ibrahim Ghandour will hold a press conference on Monday at Khartoum
airport immediately upon the return of President Bashir and his
delegation.
Meanwhile, youth organizations and NCP-affiliated entities called for
people to come to Khartoum airport on Monday afternoon to receive the
president.
CRITICISM OF SOUTH AFRICA
Bashir’s arrival and departure from South Africa unhindered has
angered NGO’s and human rights groups.
“This is a sad day for South Africa and a blow to the rule of law,”
said Anton du Plessis, managing director of the Institute for Security
Studies, an African think-tank.
“Until now, the country has been a champion of international justice
and has done more than most in Africa to make sure victims get
justice" he told the Globe and Mail newspaper.
Earlier on Monday, United Nations secretary-general Ban Ki-moon said
South Africa must arrest Bashir to fulfill its obligations to the
international court.
"The International Criminal Court’s warrant for the arrest of
President al-Bashir on charges of crimes against humanity and war
crimes is a matter I take extremely seriously," U.N. Secretary-General
Ban Ki-moon told reporters in Geneva.
"The authority of the ICC must be respected and its decision
implemented," Ban added.
Elise Keppler, acting director of international justice at Human
Rights Watch (HRW), said that "by allowing this shameful flight, the
South African government has disregarded not only its international
obligations, but its own courts".
“When Sudanese president Omar al-Bashir took off from South Africa
today, he took with him the hopes of thousands of victims of grave
crimes in Darfur who wish at last to see justice done,” she said.
“An opportunity was missed, but a clear message has been sent to
Bashir that he is not safe from arrest.”
(ST)
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15 June 21:09, by Thokidine
I think African leaders need to open their eyes to the exploiting
policy of white. why is it South Africa arresting Bashir when he was
in Germany and German was not ordered to arrest him?
I think White want Africa to fight itself so that they keep
helping and sipping its resources in the name of "Africa is Weak" and
can not manage itself
repondre message
15 June 21:25, by dinkdong
When was he in German?
repondre message
15 June 21:48, by Ahmed Chol
Bashir’s took off from Waterkloof, the main South African
military airbase. What a comedy played here by Thabo Mbeki?
repondre message
15 June 21:29, by dinkdong
This dang country, South Africa, has fooled the world. They let
Bashir go and when he was in the air, they order his arrest. What an
idiotic country!
repondre message
15 June 21:33, by dinkdong
Bashir is a lucky son of a BEACH!
repondre message
15 June 23:17, by William Atak Garang.
it is a great surprise news on the Government of South Africa to
release President Bashkir while in the present of the international
community. ICC become a fake community based organisation (CBO) formed
in Netherland to work for the benefits of its natives. shame on our
leaders. the opportunity will be the first and the last forever until
the end of his life due to the weakness of the ICC incolla
repondre message
15 June 23:21, by William Atak Garang.
it is a great surprise news on the Government of South Africa to
release President Bashkir while in the present of the international
community. ICC become a fake community based organisation (CBO) formed
in Netherland to work for the benefits of its natives. shame on our
leaders. the opportunity will be the first and the last forever until
the end of his life due to the weakness of the ICC incolla
repondre message
16 June 13:59, by Whortti Bor Manza
The crimes Salva Kiir has committed against the people of Soudan
and Nuers cannot be compared to that of Bashir. Fate is waiting this
bloody dictator.
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