Omar el-Béchir: towards a trial in Sudan?

Text by: Léonard Vincent Follow

After a week of sometimes vague statements, the fate that Sudan intends to reserve for former President Omar al-Bashir and four other persons indicted by the International Criminal Court in The Hague is beginning to be clarified.

Publicity

Complicated announcements do not make simple headlines. This is a lesson learned since last week by a number of international media, intrigued by the statements of the Sudanese transitional authorities on the fate they intend to reserve for the ousted president Omar el-Béchir and his four former collaborators , indicted by the International Criminal Court (ICC) for crimes committed in Darfur.

Last Tuesday, it was first Khartoum's negotiator in peace talks with the rebel movements in Juba, Mohammed Hassan al-Taïshi, who rekindled interest in this issue. At the end of a discussion session, he declared that " justice will only be done when the wounds [of the victims of the Darfur conflict] are healed ". In the context of the current negotiations, he therefore clearly indicated that an " agreement " had been reached " to transfer the accused persons to the ICC ", an old demand of the Darfurian rebel movements.

Immediately it was suggested, in the press and on social networks, the imminent transfer of the former Sudanese president to The Hague or even the presence of an ICC delegation in Khartoum, denied by the office of prosecutor Fatou Bensouda. In any case, a number of media have simply announced that Sudan will " hand Omar al-Bashir to international justice ".

Vague statement

In fact, the Khartoum negotiator's statement was vague enough that the Minister of Culture and Information, Faisal Saleh, clarified the intentions of the transitional authorities, in an interview with the Reuters agency on Monday, February 17. According to him, different options are on the table. " One possibility ," he said, " is for the ICC to come here and for those charged to appear before the ICC in Khartoum ." Or, he said, " there may be a hybrid court ." Or perhaps the accused will be " transferred to The Hague ", the seat of the ICC.

This, he concluded, will soon be the subject of discussions with the teams of the ICC prosecutor. Faisal Saleh also clarified that, whichever option is chosen, it must be the subject of an agreement of the Superior Council for Peace, a body which brings together the Sovereign Council dominated by the military, civilian ministers and representatives of political parties who opposed the regime of Omar el-Bashir.

Discreet communication

At this stage, prosecutor Fatou Bensouda held a discreet communication on the subject. A good connoisseur of the Court explains that the prosecutor " probably wants to give some space " to the new authorities, who are divided on the scenario to be adopted for the judgment of the former president. The delivery of Omar al-Bashir and his collaborators to the ICC was last year a demand of the revolutionary movement, while, on the side of the military, one does not hide his preference for the option of a trial in Sudan. Especially since the Darfur file could publicly challenge the current strong man of the regime, General Al-Bourhane, and especially the former Janjaweed leader Mohamed Hamdan Daglo, known as "Hemeti", the number two of the ruling Sovereign Council the transition.

Wednesday, February 19, the prosecutor's office wanted to clarify its position, with regard to the small steps of Khartoum. In a reaction communicated to RFI by e-mail, he repeated that he was " encouraged by the public statements " of senior Sudanese officials, signaling " a commitment " in favor of justice for the victims. Regarding the location of a possible trial, the prosecutor's office says it is favorable to the idea of ​​a relocation to Sudan, as prosecutor Fatou Bensouda had already said before the UN Security Council in December. He calls on the Sudanese authorities to " engage in dialogue and cooperation " with him, to ensure that justice is done for the victims of the crimes committed in Darfur, " whether in a Sudanese court or before the ICC ". The office of Fatou Bensouda, finally, concludes by saying that it will "make no further comments " at this stage.

Prudence and patience

For human rights defenders, the watchword is " prudence " and " patience ", as the Sudanese lawyer Amir Suleiman of the African Center for Justice said at the beginning of the year and peace. The good news, it is said today in an NGO in The Hague, is the effort of Sudan to clarify its position. " A trial in Sudan, why not, " comments the lawyer of an international organization. While article 62 of the Rome Statute allows for the outsourcing of ICC hearings, says this source, one can however doubt at this stage the feasibility of such a project, " if only from a point of view logistics and finance ”.

►Read also : Omar el-Béchir at the ICC: Sudan is considering several options

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