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Darfur: CICC Members React to Turkish Government's Alleged Invite to Sudanese President Al-Bashir; Related News Coverage in Turkish, International Press Quoting Members

06 Nov 2009

Dear Colleagues,

Please find below information related to the International Criminal Court's investigation in Darfur, Sudan.

This digest includes a press release by the Turkish Coalition for the ICC and CICC members, HRW and Amnesty International, denouncing the Turkish government's alleged invitation to Sudanese President Al-Bashir to attend the upcoming meeting of the Organization of the Islamic Conference in Istanbul (I) as well as related media coverage in both the Turkish and International press (II) in which CICC members including the Turkish Coalition for the ICC, HRW, Amnesty, Save Darfur Coalition and the International Crisis Group are quoted--Özlem Altıparmak, chairperson of Amnesty International in Turkey and Öztürk Türkdoğan, of the Turkish Coalition for the ICC are quoted in particular.

Please take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the CICC will not take a position on potential and current situations before the Court or situations under analysis. The Coalition, however, will continue to provide the most up-to-date information about the ICC.

CICC Secretariat
Coalition for the ICC
www.coalitionfortheicc.org

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I.  CICC MEMBER STATEMENTS ON TURKEY'S ALLEGED INVITE TO AL-BASHIR

i. “Turkey should not permit Sudanese President Omar al-Bashir to participate in the meeting of the Organisation of the Islamic Conference in Turkey, but hand him over to the International Criminal Court if he should enter Turkey!,” Turkish Coalition for the ICC, 6 November 2009 http://www.coalitionfortheicc.org/documents/CICCTurkey_PR_Sudan-Final.pdf

“Through the media we have learned that Sudanese President Omer Hassan al-Bashir, against whom the International Criminal Court (the Court) has issued an arrest warrant, is planning to participate in the meeting of the Organisation of the Islamic Conference in Istanbul on 9 November 2009.

The arrest warrant lists several counts of war crimes and crimes against humanity allegedly perpetrated by Sudanese President Omer Hassan al-Bashir. Bashir, against whom the Court issued an arrest warrant on 4 March 2009, has repeatedly declared that he will not comply with the Court’s decision and thus has been on the run from international justice since March 2009.

Until today 110 countries have ratified the Rome Statute establishing the International Criminal Court, and the latest country ratifying the Rome Statute in July 2009 was the Czech Republic. Turkey has not yet ratified the Rome Statute. However, according to Article 13 of the Turkish Criminal Code, Turkey has accepted universal jurisdiction for certain crimes, such as crimes against humanity or genocide. Consequently, it is possible to put Bashir on trial for the alleged crimes in Turkey.

After the issuance of the arrest warrant Bashir has visited seven countries, namely Eritrea, Egypt, Libya, Qatar, Saudi Arabia, Ethiopia, and Zimbabwe, none of which are State Parties to the Court. Although, the African Union rejects the Court’s decision and has tried to influence all states to not comply with it, Botswana and South Africa as well as non-African nations such as Brazil have so far declared that they would arrest Bashir in case he should enter any of their territories.

It is unacceptable that a Prime Minister who said in Davos that applauding those who killed children in the Gaza Strip is a crime against humanity, and government officials who speak of international justice at the United Nations and other international forums, should host a person who is avoiding facing international justice for the war crimes and crimes against humanity committed in Darfur.

Turkey should not permit Sudanese President Omar al-Bashir to participate in the meeting of the Organisation of the Islamic Conference in Turkey, but hand him over to the International Criminal Court if he should enter Turkey!”

ii. “Turkey: Bar Entry or Arrest Sudan President,” Human Rights Watch, 6 November 2009 http://www.hrw.org/en/news/2009/11/06/turkey-bar-entry-or-arrest-sudan-president

“Turkey should not allow President Omar al-Bashir of Sudan, an accused war criminal, to attend a conference in Istanbul, and should arrest him if he sets foot in Turkey, Human Rights Watch said today.

Recent news reports indicate that al-Bashir has been invited to a meeting of the Organisation of the Islamic Conference, which starts in Istanbul on November 9, 2009, and that he plans to attend. Turkish officials have indicated that they do not intend to arrest al-Bashir should he visit Turkey.

‘Turkey's international image will plummet if it welcomes a man wanted to answer for some of the most heinous abuses against civilians in the world today,’ said Elise Keppler, senior counsel with Human Rights Watch's International Justice Program. ‘Turkey, after all, serves on the UN Security Council, whose referral led to the warrant against him.’

The arrest warrant for al-Bashir was issued on March 4 by the International Criminal Court (ICC) on charges of war crimes and crimes against humanity committed in Darfur. Sudan has challenged the ICC's investigations and prosecution of crimes in Darfur and has refused to cooperate with the ICC.

Turkey is not a state party to the ICC and thus has no legal obligation to arrest al-Bashir as a result of the warrant. At the same time, the UN Security Council - in resolution 1593, which referred Darfur to the ICC in March 2005 - urges all states to cooperate with the ICC. Turkey became an elected member of the UN Security Council for two years in January 2009.

In addition, Turkey has for some time sought membership in the European Union. All EU member states are parties to the ICC, and are strongly committed to the court and accountability for genocide, war crimes, and crimes against humanity.

The ICC's Darfur cases

To date, the ICC has issued arrest warrants for three suspects for alleged war crimes and crimes against humanity committed in Darfur. The others are for Ahmad Harun, the former minister of state for the interior and the former minister for humanitarian affairs, and Ali Kushayb, an alleged commander of the Janjaweed militia. The ICC also has issued a summons to appear for a Sudanese rebel leader, Bahar Idriss Abu Garda, for alleged war crimes committed as part of an attack on an African Union peacekeeping base, Haskanita.”


iii. “Turkey: No to safe haven for fugitive from international justice,” Amnesty International, 6 November 2009
http://www.amnesty.org/en/for-media/press-releases/turkey-no-safe-haven-fugitive-international-justice-20091106

“Amnesty International today condemned an invitation extended by Turkey to Sudanese President Omar al Bashir to attend a meeting in Turkey, even though he is wanted by the International Criminal Court (ICC) on charges of war crimes and crimes against humanity.

‘President Omar al Bashir is a fugitive from international justice, charged with responsibility for crimes against humanity and war crimes against men, women and children, including murder, rape, torture and forced displacement. It would be a disgrace for Turkey to offer him safe haven,’ said Christopher Keith Hall, Senior Legal Advisor, at Amnesty International.
President Omar al Bashir has been invited to attend a meeting of the Organisation of the Islamic Conference (OIC), which is taking place in Istanbul Turkey from 5 to 9 November 2009.

An arrest warrant for President Omar al Bashir was issued by the ICC on 4 March 2009 on charges of crimes against humanity and war crimes.

‘If the Turkish authorities fail to arrest President Omar al Bashir and hand him over to the ICC, this would be inconsistent with Turkey’s international obligations,’ Christopher Keith Hall said.

‘It would not only amount to obstruction of justice, but just as offering shelter to a fleeing bank robber constitutes a crime under national law, so, too, would sheltering a fugitive from international justice be complicity in crime.’ 

According to press reports, Turkish officials have stated that they would not arrest and surrender President Omar al Bashir.  ‘Turkey must act as a responsible member of the international community for the sake of thousands of victims of crimes against humanity and war crimes committed in Darfur,’ Christopher Keith Hall said....” 

II. RELATED MEDIA COVERAGE

i. “ICC Indictment Forcing Bashir to Stay at Home,” Voice of America, 29 October 2009 http://www.voanews.com/english/2009-10-29-voa45.cfm

“An African Union summit in Nigeria was held to discuss the recommendations of a high-level panel report on resolving the Darfur conflict. Noticeably absent from the conference was Sudanese President Omar Hassan al-Bashir, despite a formal invitation from Abuja to attend.

In March, the Sudanese president became the first sitting head of state to be indicted by the International Criminal Court at The Hague.

Since acquiring the distinction of being the first head of state to officially double as an international fugitive, the president has categorically avoided stepping foot in any country that is a signatory to the ICC. Nigeria is just the latest in a number of African invitations skipped by the Sudanese leader, despite the defiance taken by the African Union against the arrest warrant...”

ii. “Defiant Bashir no longer a free man,”  Daily Nation, 30 October 2009 http://www.nation.co.ke/News/africa/-/1066/679628/-/135lhnwz/-/

“Eight months after the chief prosecutor of the International Criminal Court, Mr Luis Moreno-Ocampo called for the arrest of the charismatic leader, it is clear that his travelling days are over. For both men, March 4 marked a new watershed.

The moment the Hague-based court released its warrants that accuse President Bashir of crimes against humanity, murder, torture and rape in the country’s western region of Darfur, massive demos erupted in the Sudanese capital Khartoum.

It appeared then that Mr Bashir had become more popular.

On his part, Mr Ocampo said it was a matter of time before President Bashir was arrested. At that time, it was unthinkable that Mr Bashir’s plane would take off even for a neighbouring country.

Months later, it is a totally different story. President Bashir has made visits to Eritrea, Ethiopia, Libya, Egypt, Qatar and Saudi Arabia....”

iii. “Sudan's Bashir to visit Turkey despite warrant,” Reuters, 4 November 2009
http://www.reuters.com/article/africaCrisis/idUSMCD435373

“Sudanese President Omar Hassan al-Bashir will visit Turkey next week for the first time since an international court asked for his arrest, government sources said, in a test of Ankara's support for international justice.

Predominantly Muslim Turkey has not ratified the 2002 Rome Statute that established the International Criminal Court (ICC), but it is under pressure to do so to bring it closer to European Union standards.

Rights groups say Turkey, anxious to secure entry into the EU, is obliged to arrest Bashir when he lands in Istanbul for a summit of Islamic nations. One presidential source in Khartoum said on Wednesday: ‘The decision has been taken. Unless there are last minute changes, he is going.’

Ankara's government, which has its roots in political Islam, has sought to deepen ties with Khartoum, putting it in an awkward position over the visit.

Asked if Turkish authorities would arrest Bashir during his visit, a Turkish Foreign Ministry official said on condition of anonymity: ‘No, there are no such plans.’ A public outcry about Bashir's visit to Turkey could still cause it to be cancelled, which would embarrass Khartoum, one Sudanese analyst said....”

iv. “Turkish official says Sudanese president free to visit despite international arrest warrant,” Gulf News, 5 November 2009
http://gulfnews.com/news/region/sudan/turkish-official-says-sudanese-president-free-to-visit-despite-international-arrest-warrant-1.523773

“A foreign ministry official says Sudan's indicted president is free to attend a meeting of Islamic nations in Turkey despite an international arrest warrant against him.
Sudanese President Omar Al Bashir, wanted by the International Criminal Court for war crimes and crimes against humanity, is expected to arrive in Istanbul this weekend to attend a meeting of the Organization of Islamic Conference.

The official says Thursday that Turkey is not a party to the International Criminal Court and has no obligation or intention to arrest Al Bashir. She spoke on condition of anonymity because she was not authorized to speak to media….”

v. “Ankara: A foreign ministry official says Sudan's indicted president is free to attend a meeting of Islamic nations in Turkey despite an international arrest warrant against him,”
Daily Star, 6 November 2009 http://www.dailystar.com.lb/article.asp?edition_id=10&categ_id=2&article_id=108316

“Sudanese President Omar Al Bashir, wanted by the International Criminal Court for war crimes and crimes against humanity, is expected to arrive in Istanbul this weekend to attend a meeting of the Organization of Islamic Conference.

The official says Thursday that Turkey is not a party to the International Criminal Court and has no obligation or intention to arrest Al Bashir. She spoke on condition of anonymity because she was not authorized to speak to media....”

vi. “Turkey urged to comply with international court verdict,” Hurriyet Dialy News, 5 November 2009,http://www.hurriyetdailynews.com/n.php?n=turkey-urged-to-comply-with-international-court--2009-11-05

“As Sudan’s President Omar Hassan al-Bashir travels to Istanbul for a conference, human rights groups are angry with Turkey’s refusal to plan any arrest of the leader, who is accused of war crimes in Darfur. Because Turkey is a part of the United Nations, it has an indirect responsibility to fulfill the demands of the International Criminal Court, Amnesty International says.

Controversial Sudanese leader Omar Hassan al-Bashir, who stands accused of committing war crimes in his country’s western Darfur region, will make his third visit to Turkey to attend a meeting in Istanbul on Monday.

The visit comes after the International Criminal Court, or ICC, issued an arrest warrant for the 65-year-old leader in March on charges of war crimes and crimes against humanity. Al-Bashir will be in Istanbul for a meeting of the Organization of the Islamic Conference, or OIC.

When asked if al-Bashir would be arrested upon landing in Turkey because of his outstanding arrest warrant, Justice Minister Sadullah Ergin remained vague, saying only that the statutory provisions of international law would be fulfilled. His remarks, however, were not clear enough to reveal whether al-Bashir would be arrested.

...'Yes, Turkey is not a party to the Rome Statute and does not have to abide by its rulings but since the country is a member of the United Nations, it has an indirect responsibility to comply with it because the ICC was established by the United Nations,’ Özlem Altıparmak, chairperson of Amnesty International Turkey, told the Hürriyet Daily News & Economic Review.

‘Would non-obedience with the arrest warrant cause a headache for Turkey? Legally no, but this is a problem politically,’ she said.

...’Turkey’s being non-party to the Rome Statute has no relevance as it is a member of the U.N. Security Council. The case at the ICC opened in line with a report forwarded by [that council],’ said Öztürk Türkdoğan, spokesman for the Turkish Coalition for the International Criminal Court.

‘The United Nations is a claimant in this case and Turkey, as its member, should review the decisions of the United Nations,’ he said.

....Türkdoğan urged Ankara to assist the ICC. “Turkey has a responsibility also arising from Article 13 of its penal code that opens the way for the trial of those accused of committing war crimes and crimes against humanity with the consent of the justice minister. Turkey’s non-obedience with the arrest warrant also means a violation of its domestic law,” he said.

The government should not pursue an inconsistent policy that criticizes Israel for its actions in Gaza but remains silent on the Darfur issue, Türkdoğan said....”


vii. “Turkey Set to Host President of Sudan,” Wall Street Journal, 6 November 2009 http://online.wsj.com/article/SB125746406844432167.html?mod=WSJ_hpp_MIDDLTopStories

“Turkey will receive Sudanese President Omar Hassan al-Bashir next week and has no plans to arrest him despite his indictment by an international court for war crimes in Sudan's Darfur region, senior Turkish officials said Thursday.

Turkey, a member of the North Atlantic Treaty Organization, will be the most Western country Mr. Bashir has been able to visit since the International Criminal Court in The Hague issued a warrant for his arrest in March. The senior Turkish officials, who declined to be identified, said the warrant wasn't binding on Turkey as it isn't a signatory to the ICC. They also said an arrest could upset the peace process in Darfur.

Mr. Bashir has visited Turkey twice in the past three years, triggering debate within Turkey over the propriety of hosting him each time. Next week's visit would come less than a month after Ankara canceled routine military exercises with Israel, triggering concerns that Turkey is shifting its focus from long-term allies in the West to neighbors in the Middle East. The government has denied any such strategic shift.

Turkey has also been pushing to secure entry to the European Union.

Analysts say Ankara's latest welcome for Mr. Bashir is as much about economic interests as ideology. Since 2006, trade volume with the African continent has tripled to $18 billion from $6 billion. In February, President Abdullah Gül became the first Turkish president to pay an official visit to sub-Saharan Africa when he visited Kenya and Tanzania....”


viii. “Turkey to host Sudan, Iran leaders at summit,” Reuters, 6 November 2009
http://www.reuters.com/article/usDollarRpt/idUSL615187420091106

“A summit of Islamic countries in Istanbul next week will boost Turkey's quest to deepen ties with the Muslim world, but some of its new friends are not to the taste of its traditional ally, Washington.

Sudan's President Omar Hassan al-Bashir, who has an international arrest warrant against him for war crimes, and Iran's Mahmoud Ahmadinejad, engaged in a standoff with the West over Tehran's nuclear programme, are among leaders who will attend an Organisation of the Islamic Conference (OIC) meeting.

The one-day summit on Monday will add to growing concerns in some Western circles that Turkey, an OIC member which is seeking European Union membership, is shifting away from its pro-Western foreign policy and embracing countries such as Iran and Syria, while distancing itself from regional friend Israel.

‘I think this summit will put Turkey again on the frontline, both in regards with Iran and Bashir,’ said Hugh Pope, a senior analyst for the International Crisis Group.

‘Engagement and cooperation can be a way to bring autocratic states into the international system, but the challenge for Turkey is that it needs to show results and that the behaviour of these states is changing,’ Pope said.

ix. “Turkey defends decision to receive Sudanese president,” Sudan Tribune, 5 November 2009
http://www.sudantribune.com/spip.php?article33025

“The Turkish government dismissed criticism over its invitation extended to the Sudanese president Omer Hassan Al-Bashir to attend the Organization of Islamic Conference (OIC) summit this weekend.

The controversy surrounding Bashir’s visit stems from the outstanding arrest warrant for him by the International Criminal Court (ICC) for crimes allegedly committed in Darfur. Sudan has not officially confirmed the Turkey visit though a presidential source told Reuters this week that Bashir plans to attend.

Various unnamed Turkish officials speaking to media asserted that their country is not one of the signatories of the Rome Statute which is the founding text of the ICC. One official argued that they were simply hosting the OIC meeting with no say on who is invited.

....Jerry Fowler, President of the Save Darfur Coalition, said that Bashir’s travel ‘is a test of the administration’s resolve on Sudan. If the President and Secretary of State let it happen without objection, Khartoum will get the message that the newly stated commitment to multilateral leadership is hollow. And for Turkey, it’s an opportunity to align itself with the E.U., most Latin American countries, and the emerging practice in sub-Saharan Africa: Convey to Bashir that he shouldn’t come unless he wants to risk arrest upon landing’....”

x. “Turkey to host Sudanese leader despite EU disapproval,” Yaho, 6 November 2009
http://ca.news.yahoo.com/s/afp/091106/world/sudan_conflict_darfur_warcrimes_turkey_ioc_1

“Turkey on Friday rebuffed a European Union call to reconsider its decision to allow Sudanese President Omar al-Beshir, who is accused of war crimes in Darfur, to attend a summit in Istanbul.

....But Turkish Foreign Minister Ahmet Davutoglu said that Beshir would not be excluded as a delegate to an economic summit of the Organisation of the Islamic Conference (OIC), which groups 57 Muslim nations.

...Rights groups sharply criticized Turkey for Beshir's planned visit.

Amnesty International said Turkey would fall foul of its international obligations if it did not arrest the Sudanese leader.

Failure to arrest Beshir and sheltering him would amount to ‘obstruction of justice’ and ‘complicity in crime,’ the group said in a statement.

‘Turkey must act as a responsible member of the international community for the sake of thousands of victims of crimes against humanity and war crimes committed in Darfur,’ it added.

Human Rights Watch also called on Turkey to either bar or arrest Beshir.

‘Turkey's international image will plummet if it welcomes a man wanted to answer for some of the most heinous abuses against civilians in the world today,’ it said. While the EU expects Turkey to align itself to the bloc's foreign policy as part of its accession process and has made demands for Turkey to sign the ICC treaty, Turkish President Abdullah Gul played down the EU reaction....”

See also:
a. “Turkey defends Sudan leader visit,” BBC News,  6 November 2009 http://news.bbc.co.uk/2/hi/europe/8347419.stm
b. “Sudan leader's planned visit sparks Turkey-EU row,” Reuters, 6 November 2009, http://news.yahoo.com/s/nm/20091106/wl_nm/us_turkey_sudan_eu_gul_1;_ylc=X3oDMTB0a2RsNXFiBF9TAzIxNTExMDUEZW1haWxJZAMxMjU3NTE2OTIw

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