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Sudan: HRW Report and Sudan Govt Reaction

15 Dec 2005

Human Rights Watch recently issued a new report, "Entrenching Impunity: Government Responsibility for International Crimes in Darfur," which states that President Omar El Bashir of Sudan and other senior officials should be investigated for crimes against humanity in Darfur. The 85-page report documents the role of more than a dozen officials in the use and coordination of Janjaweed militias and the Sudanese armed forces to commit war crimes and crimes against humanity in Darfur. The report examines the Sudanese government's "dismal record on accountability" and notes that these crimes have been accompanied by a policy of impunity. In its press release, Human Rights Watch notes that "Despite several Sudanese government initiatives, including a national inquiry into the crimes, numerous committees established to investigate rape and other crimes, and a national tribunal to try the perpetrators of crimes in Darfur, not a single mid- or high-level civilian official, military commander or militia leader has been suspended from duty, investigated or prosecuted." "The Sudanese government feigns compliance with international demands by setting up committees that produce absolutely no results," said Takirambudde. "The ICC should investigate key actors at every level, including regional officials." The report recommends that the ICC "Investigate and prosecute senior civilian officials at all levels of the government."

The HRW press release and report are available at http://www.hrw.org/english/docs/2005/12/09/sudan12186.htm.

Please find below several articles (and links to other related media reports) which report on the issuance of this report as well as the fact that the Sudanese government has since rejected and dismissed the allegations.

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 or pending situations before the Court. The Coalition, however, will continue to provide the most up-to-date information about the ICC.

Warm Regards,
Esti T. Tambay
Information and Analysis Officer
Coalition for the International Criminal Court

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MEDIA REPORTS AND SUDAN GOVT REACTIONS TO HRW REPORT

1. Suna News Agency, "Sudanese Foreign Ministry Slams Rights Body Report" - 13 December 2005 (Link not available)

"The Sudanese government has played down the significance of the report issued by the human rights organization (Human Rights Watch) [HRW], which has its HQ in New York, and which accuses the [Sudanese] government of being responsible for the alleged atrocities in Darfur.

Commenting on the HRW report which was published today, the official spokes-man of the Ministry of Foreign Affairs, Ambassador Jamal Muhammad Ibrahim, said this report pre-empted the report expected to be issued by the prosecutor-general of the [International] Criminal Court on the violations in Darfur.

He described the report as an unsuccessful attempt to influence the anticipated report, saying the organization had in the past years shown blatant hostility towards Sudan, and totally ignored the positive political development in the Sudanese arena.

In a statement to the press, he went on to say that the HRW only focused on the negative without highlighting the positive at a time when Sudan was being visited by delegations from various parts of the world, including the UN secretary-general, foreign ministers from a number of countries, as well as defence ministers and special representatives who witnessed with their own eyes, during their field visits, the positive developments which the government had achieved in the political fronts, such as the realization of stability in all parts of the country, particularly after the signing of the Comprehensive Peace Agreement and the formation of the Government of National Unity whose reference is the transitional constitution.

Ambassador Jamal Muhammad Ibrahim pointed out that Sudan was exerting all its efforts to achieve a peaceful settlement to the Darfur crisis.
He went on to say that even if there were violations and transgressions that occurred in Darfur, the legal organs were fully independent to carry out their roles without any interference from the executive organs of the state.
The official spokesman affirmed that Sudan welcomed all the efforts of friendly countries or organizations who are interested in bringing about solutions to the problems in Sudan, instead of seeking to escalate them and make them more complicated. [...]"

2. Reuters, Opheera McDoom, "Sudan says rights' group Darfur report "ridiculous" - 13 December 2005 http://www.alertnet.org/thenews/newsdesk/L12133080.htm

"The Sudanese government dismissed as "ridiculous" a rights groups' report saying officials at the highest level of government were responsible for abuses in Darfur and should be investigated for war crimes. [...]

Senior Foreign Ministry official Mutrif Siddig responded on Monday saying, "This report is highly politicised. ... This report is ridiculous, it is baseless, it depends on the propaganda and the campaigns of the rebel groups." [...]

Siddig said the rights group did not have investigators on the ground and was biased against the Sudanese government and against Muslims in general. "They are serving objectives which are contrary to peace, and which are contrary to the institutions that are set up by the United Nations themselves," he added.

He declined to say whether the government, which has rejected the trial of any Sudanese citizen in courts outside the country, would allow ICC investigators to enter the country. Sudan has signed but not ratified the convention establishing the ICC. [...]

Siddig declined to confirm the visit but said the government would cooperate with the ICC on the LRA. However he said the Sudanese judicial system, including a special national court set up early this year, was capable of trying any crimes in Darfur."

3. Xinhua News, “Sudan's gov't dismisses human rights group report on Darfur "biased "” – 12 December 2005 (Link not available)

“The Sudanese government on Monday dismissed a report by a human rights group on the Darfur conflict "biased." […] The report, released on Sunday, said senior Sudanese government officials including President Omar Hassan al-Bashir and a dozen army officials should be scrutinized for ordering an coordinating crimes against humanity in Darfur. Described the report as an "unsuccessful attempt" to affect a coming report of the International Criminal Court (ICC), Ibrahim said the HRW had so far showed severe enmity against the Sudanese government in a complete ignorance to the positive political developments in Sudan. […]”

Related Articles:
- New York Times, “Report Ties Sudan Chief to Darfur Crimes” – 12 December 2005: http://www.nytimes.com/glogin?URI=http://www.nytimes.com/2005/12/12/international/africa/12darfur.html&OP=7a26af6fQ2Fd1hGdqBnmQ5EBBQ2BQ3EdQ3E))Q3DdKQ3EdKQ3EdNkQ2BhQ5EktQ2BNBktQ3AdtyQ5ENntdKQ3EqtQ5EyDQ5EjQ20Q2BlQ3A
(subscription only)
- BBC News, "Rights group urges Darfur probe": http://news.bbc.co.uk/2/hi/africa/4519942.stm
- The Independent (London), “Sudanese reject war crimes allegations”:
http://news.independent.co.uk/world/africa/article332759.ece
- Inter Press Service, "Rights Group Seeks Sanctions Against Top Officials": http://www.ipsnews.net/news.asp?idnews=31397

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CICC’s policy on the referral and prosecution of situations before the ICC:

The Coalition for the ICC is not an organ of the Court. The CICC is an independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization. The Coalition will continue to provide the most up-to-date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC’s trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts.

Communications to the ICC can be sent to:
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