The headquarters of BNP Paribas in Paris -

ERIC PIERMONT / AFP FILES / AFP

After a complaint from NGOs and Sudanese activists, BNP Paribas is the subject of a judicial investigation for "complicity in crimes against humanity" in Sudan.

The French bank is already the target of an investigation into its alleged role in the genocide in Rwanda.

Almost a year after the filing of this complaint with the constitution of civil party, investigating judges of the Paris court were tasked, at the end of August, to investigate the accusations made by the International Federation of Human Rights. (FIDH), the League of Human Rights (LDH) and nine Sudanese who fled their country after suffering persecution.

BNP Paribas already accused of having financed a purchase of weapons for the benefit of the Hutu militia

The complaint with the constitution of civil party almost automatically results in the appointment of an investigating judge to conduct investigations.

This is the second judicial investigation from the crimes against humanity division of the Paris court targeting BNP Paribas: since 2017, three investigating judges have been investigating her role during the genocide in Rwanda, while several NGOs have accused her for having financed in 1994 a purchase of weapons for the benefit of the Hutu militia.

"This is excellent news for the victims and a further step towards a criminal investigation into the responsibility of BNP, which served as a de facto central bank for the Sudanese authorities at the height of the genocide in Darfur, then under embargo", greeted FIDH on Twitter on Thursday.

According to the plaintiffs, the first European bank was guilty of "crimes against humanity, genocide and acts of torture" by not respecting the American embargo against the regime of Omar al-Bashir (1989- 2019).

"Government bank"

The facts alleged against the ousted president occurred between 2002 and 2008, in particular during the civil war of 2003, according to the UN.

In 2014, BNP Paribas pleaded guilty in the United States to violating US embargoes against Sudan, Cuba and Iran and paid a record fine of $ 8.9 billion.

Through this procedure, "BNP Paribas has thus acknowledged having provided the Sudanese government with access to billions of American dollars and to the American financial system that it could not have had without its assistance," observed the complaint, filed in September 2019.

With this money, the regime of Omar al-Bashir was able "to finance its actions as well as the militias which carried out attacks and looting in villages, in the region of Darfur in particular", as well as the intelligence services "which arbitrarily imprisoned and tortured scores of civilians and activists from Darfur and other marginalized areas, ”the document said.

The bank and its subsidiary in Switzerland acted "as the main private bank of the government of Sudan", summed up the complaint.

Omar al-Bashir, soon before the International Criminal Court?

After having ruled the country for thirty years with an iron fist, Omar al-Bashir was dismissed in April 2019, after several months of popular revolt.

Aged 76 and detained in Khartoum, he was sentenced to two years in prison for "corruption" in December and has yet to stand trial for seizing power in a coup in 1989.

Omar al-Bashir is also wanted by the International Criminal Court (ICC) for “crimes against humanity” and “genocide” in Darfur.

In February, the transitional government in Sudan made a verbal pledge to promote his appearance before the ICC on an undetermined date.

Since the end of August, a peace agreement initialed by Khartoum and insurgent groups provides for the formation of a special tribunal dedicated to crimes committed in Darfur, before which Omar al-Bashir could also appear.

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  • Investigation

  • Crime against humanity

  • Sudan

  • Rwanda

  • Bank

  • BNP Paribas

  • Justice