Showing posts with label Fadi El Abdallah. Show all posts
Showing posts with label Fadi El Abdallah. Show all posts

Tuesday, September 24, 2019

Sudan: The last days of Bashir in the palace

  • On 30 August 2019 during the third trial session of Sudan's former president Omar al-Bashir, the court in Khartoum indicted Bashir on charges of suspicious enrichment and illegal dealing with foreign exchange.  This follows charges in May with incitement and involvement in the killing of protestors during the demonstrations that led to his overthrow in April. 
  • According to the spokesperson of the International Criminal Court (ICC), Bashir’s 2009 arrest warrant for crimes against humanity under the ICC remains valid.  
  • “The court has and will continue seeking the compliance of Sudan with its obligation under international law and in relation to the resolution 1539 of the United Nations Security Council,” ICC Spokesperson Fadi el Abdallah told Ayin.
  • Bashir’s trial will resume tomorrow [07 Sep 2019] while a future trial at the Hague may become a reality if Sudan’s justice system cannot demonstrate a genuine national investigation and prosecution will take place, Abdallah added.  Full story:
Article from and by Ayin Network.com
Dated 06 September 2019 
The last days of Bashir in the palace, new days in court
The moment millions of Sudanese entered into the vicinity of the General Command of the Army Headquarters on 6 April [2019], the deposed former President al-Bashir was sitting on a chair with another set of empty chairs around him in the courtyard of his residence. Outside his presidential palace overlooking the Nile, protests against his rule intensified, eventually ousting him five days later.

Ayin conducted an exclusive interview with close confidants of the former president that worked within the presidential palace. The sources described to Ayin the scene they saw of the former president just days prior to his arrest. The names of these sources remain confidential for their security.

To curb stress, former president Bashir pulled tattered strings off his Muslim skull cap while three of his presidential aides entered the room. The conversation was stilted and everyone sat in awkward silence. To cut the tension, according to a witness, one of the two aides attempted to make small talk about Bashir’s cap, noting the colour and how it was the first time to see the former president wearing such a hat. Bashir responded by noting the skull cap was the “fashion of the day” and were worn among young people. Gaining access to the presidential palace and then Al-Bashir’s residence was challenging for the three presidential aides –loud protests calling for Bashir to step down could be heard all around them.

They were convinced that they must meet and console the former president in the palace at this difficult time, according to one of the aides. While driving tinted-window cars through the alleyways of central Khartoum to reach al-Bashir’s residence, the three aides could see the multitude of protestors and realised their days of employment were numbered. None of them could have predicted the turnout against the former president. The short distance from the presidential palace to the guest house where Bashir resided seemed longer than ever, the aide told Ayin. The short road appeared to represent the end of Bashir’s 30-year regime. 

The aides entered the former president’s residence at around 5 pm on 6 April where Bashir and his guards sat on full alert, covering the entrances, fearing an attack. A tear gas grenade could be heard outside from security forces in a futile attempt to disperse a crowd of millions in front of the army command post. Bashir could clearly hear the crowds chanting outside, calling for his ouster, according to the inside sources. 

Abdallah al-Bashir, the President’s brother, appeared with a number of Bashir’s bodyguards, and after the salute, he whispered in the president’s ear and called on the guards accompanying him to return to the palace. It turned out that he was accompanying them to the roof of the new palace building inside the general command of the army, where he was monitoring the masses outside and relaying what he saw to his brother. According to one of the former president’s aides, he had never seen Bashir appear so weak and distraught.

Another witness Ayin spoke to claims he saw the former head of security, Salah Gosh, speak to Bashir, allegedly promising to clear the area of the protestors outside his residence. But this never took place.
The break up that did not break
On 7 April, the security committee told President Bashir of their decision to break up the sit-in in front of the army headquarters. Bashir gathered his family and informed them of the decision and asked his relatives who were with him in the guest house to leave the palace and ordered his younger brother, Musaab, to stay with him, according to the two confidential sources that spoke to Ayin.

While waiting for the commencement of the security operation to break up the sit-in, Musaab and others went up to the roof of the palace to see the operation and how it was being carried out. Musab was accompanied by a number of the former president’s guards and security officers. Bullets could be heard. The source of bullets was not known to them before they learned moments later that an army force sided with the revolutionaries and exchanged fire with the security forces and even repulsed them to keep the sit-in going.

This was a difficult reality for those who planned to break up the sit-in and waited for the hour of victory to return directly from the top of their building to inform the former president that the operation had been successful. Instead, no genuine counter-attack against the protestors took place and Bashir would eventually find himself re-accommodated from a palace to a prison where he is currently facing trial. 

Sudan's Bashir 'took $90m from Saudi crown prince', corruption trial hears
[See tweet by Middle East Eye here:

On trial at home, possibly abroad
On 30 August during Bashir’s third trial session, the court indicted Bashir on charges of suspicious enrichment and illegal dealing with foreign exchange. This follows charges in May with incitement and involvement in the killing [https://3ayin.com/june-3-massacre/] of protestors during the demonstrations that led to his overthrow in April. 

Far from the glittery walls of the palace, the former president now sits in a cage in front of Justice Al Sadiq Abdul Rahman who refused a bail request, citing the law preventing such a measure for crimes that involve prison sentences that potentially exceed 10 years. 

But Bashir may face further trials in a different setting. According to the spokesperson of the International Criminal Court (ICC), Bashir’s 2009 arrest [https://www.icc-cpi.int/darfur/albashirwarrant for crimes against humanity under the ICC remains valid. “The court has and will continue seeking the compliance of Sudan with its obligation under international law and in relation to the resolution 1539 of the United Nations Security Council,” ICC Spokesperson Fadi el Abdallah told Ayin. Bashir’s trial will resume tomorrow [07 Sep 2019] while a future trial at the Hague may become a reality if Sudan’s justice system cannot demonstrate a genuine national investigation and prosecution will take place, Abdallah added.

Wednesday, September 04, 2019

Sudan: ICC 'seeks to have Bashir handed over'

  • Mr Fadi El Abdallah, an International Criminal Court (ICC) spokesperson, told Middle East Eye (MEE) that the arrest warrants against Sudan's former president, Omar Al-Bashir, remained valid
  • "The two arrest warrants delivered by the ICC judges for Mr al-Bashir remain valid," he said
  • "The court has and will continue seeking the compliance of Sudan with its obligation under international law and in relation to the resolution 1539 of the United Nations Security Council"
  • Sources tell MEE that the Hague-based court will petition Khartoum's new government to hand over longtime autocrat
  • Legal expert Mohamed Omer Shomena told MEE that the new council was aiming to hand over Bashir if asked by the ICC
  • The Alliance of Sudanese Lawyers has vowed to collect and submit hundreds of cases against Bashir

Article from Middle East Eye.net
By MOHAMMED AMIN in Khartoum
Dated Monday 02 September 2019 14:12 UTC 
Sudan: ICC 'seeks to have Bashir handed over' as Khartoum trial opens old wounds
Photo: Bashir admitted in court that he had received $25m from Saudi Crown Prince Mohammed bin Salman, sent in cash on a private jet (Reuters)

The appearance of ousted Sudanese president Omar al-Bashir in court for the first time last month has encouraged the International Criminal Court (ICC), as well as many Sudanese, to bring their own cases against the former leader, sources have told Middle East Eye.

MEE understands that the ICC is among several international institutions seeking justice for alleged crimes committed during Bashir's 30-year rule, with sources saying that the intergovernmental organisation is preparing to submit an official request to urge Sudan's new transitional government to hand over Bashir to the Hague-based court for alleged crimes in the Darfur region. 

Bashir is wanted by the ICC after it issued an arrest warrant against him in 2009 for war crimes and crimes against humanity, including murder, extermination, rape and torture. In 2010, pre-trial judges issued a new warrant with additional charges, including genocide.

Sudan's former president was formally charged on Saturday with illicit possession of foreign currency and corruption, after being charged in May with incitement and involvement in the killing of protesters during the demonstrations that led to his overthrow in April.

However, others affected argue that the current trial is merely a cosmetic exercise that seeks to brush over many of Bashir's alleged crimes. 

Lawyers and activists are preparing to lodge more serious charges, including the toppling of the democratically elected government in 1989, much larger cases of corruption, and the deaths of protesters on earlier occasions.

New ruling council
Sudan's new 11-member sovereign council, which was sworn in last month, is made up of military and civilian representatives.

The council will govern for the next three years and three months, ultimately paving the way for democratic elections.

Salih Mahmoud, a leading member of the Darfur Bar Association, told MEE that the ICC will ask the new cabinet to hand over Bashir to the court. 

Mahmoud, a legal expert and award-winning human rights activist, said that the new ruling council faced a critical decision as it was part of its responsibility to impose justice and to cooperate with the international community and the institutions of international justice. 

The Sudanese Military Council (TMC), which led the country from the ousting of Bashir in April until the formation of the new military-civilian sovereign council last month, repeatedly stressed it could not decide the fate of the president regarding the ICC arrest warrant against him.

The TMC generals argued that the possible handover of Bashir was something that should be determined after the end of a transitional period and the election of a new government after three years. 

“We have credible information that the ICC judges will urge the new regime of Sudan to hand over Bashir as soon as possible because it's now a democratic government and supposed to be committed to international laws," said Mahmoud.

'Arrest warrants remain valid'
Fadi El Abdallah, an ICC spokesperson, told MEE that the arrest warrants against Bashir remained valid.

"The two arrest warrants delivered by the ICC judges for Mr al-Bashir remain valid," he said. 

"The court has and will continue seeking the compliance of Sudan with its obligation under international law and in relation to the resolution 1539 of the United Nations Security Council."

Abdallah also added that if the Sudanese government wanted Bashir to be tried in Sudan, it must demonstrate that a genuine national investigation and prosecution will be conducted, among other conditions.

Legal expert Mohamed Omer Shomena told MEE that the new council was aiming to hand over Bashir if asked by the ICC.

Shomena said that Bashir could be tried inside Sudan but that situation would require major reforms to the entire justice system following 30 years of corruption, interventions by the government, and the lack of any independence.

“I do believe that the Sudanese judges and courts are ethically and technically eligible to prosecute Bashir, but that also needs a huge reformation process to our judiciary system, as well as a lot of amendments and new laws to match the international laws and respect for human rights. 

“The objective of judicial reform in Sudan is very important not only for Bashir’s trial but also for the entire transitional justice, accountability and good governance in Sudan in the coming period, and this is the only way to achieve the goals of the revolution."

Hundreds of cases 
In the meantime, the Alliance of Sudanese Lawyers has vowed to collect and submit hundreds of cases against Bashir.

Those cases include alleged atrocities in war zones, the killing of protesters and other civilians, missing persons, and the thousands of people dismissed from their jobs for political reasons.

Wail Ali Saeed, a leading member of the Alliance of Sudanese Lawyers, told MEE that they had prepared dozens of cases against Bashir, especially from families of protesters killed during the September 2013 nationwide protests in which more than 170 people died, as well as the recent wave of protests from December 2018 to April 2019 that saw Bashir's overthrow. 

"We have done a lot of work and we have a lot of work still to be done... We have divided ourselves into groups to reach any Sudanese, or their relatives, that faced any kind of violations during Bashir's era," he said. 

"We have reached a lot of victims and families and we will continue gathering these cases as we will submit all of these cases to the court, especially after the appointment of the new independent general prosecutor and chief of justice in the country." 

Sulema Ishag, a leading member of an initiative by activists to seek justice for Sudanese victims, told MEE that they were coordinating with independent lawyers to gather evidence over the different kinds of violations, especially against women, in order to submit legal cases against Bashir.  

“We are a large number of activists who are worried about the achievement of justice for the victims in Sudan because we believe that justice is the first step for the stability of Sudan," said Ishag. 

Gulf money trail
Activists and lawyers have also highlighted the disclosure during last month's case of the receipt of money personally by Bashir from Saudi Arabia.

Bashir admitted in court that he had received $25m from Saudi Crown Prince Mohammed bin Salman, sent in cash on a private jet.

The former president said he used the money for donations and not for his own benefit. 

Dismissing Bashir's claims, Saeed said that the case showed how Bashir and his assistants dealt with public money. 

An investigator had previously told the court that Bashir received a total of $90m in cash from Saudi royals.

Sudanese army and intelligence members who searched Bashir’s residence in April found around $7m of foreign currency.

Saeed said given the other figures involved, the $7m for which Bashir was being charged in the current case was insignificant.

“This court [case] is nothing actually... I do believe that the stealing of $7m is nothing and it's a shame on all of us if it's considered that this case is enough for the accountability of Bashir," he said. 

"The involvement of the ousted president with the Gulf in their competition for access, and his attempt to play off the different sides to get money to overcome his economic crisis, has caused a lot of corruption and mismanagement of the money and we will pick up this point from this court [case]."

Sudan swears in new Sovereign Council
Sudan's Bashir indicted as he admits to receiving millions from Saudi crown prince