Transitional injustice between the Sudanese reality and global experiences (2 - 3)
Kamal Algezouli.
III
Thus, the transitional authority has only the option of "transitional justice", as a modern concept that can lead to the unloading of congestion, and the elimination of invisibility, in the event that it is taken, according to accumulated international experience. In the following paragraphs, we will try to understand the true significance of this notion of both analog and practical.
If, in normal circumstances, we consider the administration of justice to be an essential function of the State. This function progresses, in the extraordinary circumstances in which the state of affairs is in a state of "transition" from "inclusive" to "democratic", Or from "civil war", or armed internal conflicts, to "peace" and "national reconciliation". to represent the most pressing importance within the functions of the circle, with the aim of eliminating darkness. to heal wounds that have arisen and must have resulted from repressive practices or previous war situations, and to remove obstacles to the desired path of transition. Hence the concept of "transitional justice", which combines two elements:
Element 1, "Justice": Although this concept generally focuses on achieving the same objectives that are usually waived by mechanisms of "traditional justice", such as courts, police, anti-impunity organs, in the case of "transitional justice", it involves more comprehensive connotations, as a composite of "Truth Reparation" and "Truth Reply" Reconciliation ".
The second element is "transition": it refers to the large "shift" from "totalitarianism" to "democracy", from "war" to "peace", or both. Although this process is usually complex, as well as taking a lot of time, In most global experiences, however, their applications have been successful, where "new page openings" policies have helped, And "create new beginnings", to strengthen and accelerate their circulation, informing the course of "transitional justice" Sidra is finished with "reconciliation" Not with the previous order, as some think wrong, but with "patriotic masculinity" and "national history," As far as Nelson Mandela said, when he left the monster cell, Triumphantly, 1990, after having spent 27 years between its abnormal walls and its expression of a firm desire, not to heal, but to create an environment fit for "tolerance", emphasizing that "justice" is more difficult than "the destruction of injustice", and asking: "Any homeland that we dream of liberating and rebuilding, if we unleash feelings of revenge, all these rivers of blood are flattened, and all these human pieces are cast from above the gallows."
In terms of the procedural definition of the concept of "transitional justice", it refers to the comprehensive set of measures of prosecution, both timely and often non-judicial, which may be applied by various States to address their inherited grave violations of human rights and international humanitarian law. The concept, in its modern implication, often focuses on non-judicial measures involving, first of all, the promulgation of a law on the formation of an independent mechanism to regulate and supervise the confrontation between yesterdays fines - executioners and their victims - and its consequences.
"Transitional justice", then, does not mean, as some might wrongly perceive, the mere "convening of trials", as "conventional", during the period of "transitional", as much as it often means enforcing "non-traditional" justice during this period. Therefore, the perception of their conceptual and terminological content is not in isolation from the network of concepts and terminology contained in this content, such as "truth commissions - rehabilitation of victims - national reconciliation - legal, judicial and political reform." etc. They generally work in post-change societies to turn a page on the past, to enable these societies to open a new page, not to "forget", to "forgive" and "pardon", and to start a different era of participation and equality. Only the dead, in the wise words of Jack Dreda, are unable to practice "forgiveness" and "pardon". In its entirety, this network represents a daunting concept of a field of activism in which the various societies are inventively focused on addressing the legacy of the past, which is overburdened by flagrant violations of international humanitarian law, in order to create a suitable ground for building a more democratic, just and peaceful future.
IV
With the diversity of global experiences and experiences of "transitional justice", "truth" detection arrangements are the common denominator, as the beginning of the road. This common denominator is usually regarded as the most appropriate approach to counteracting the desired legacy. This approach includes:
a/Law on the formation of an independent mechanism to regulate and supervise such confrontation. This mechanism often takes the form of the "National Architecture for Truth and Reconciliation", as in the experience of South Africa (1994), or the "National Body for Truth, Equity and Reconciliation", as in the experience of Morocco (2004). Overall, the experiences of these "national bodies", including the establishment of "truth" platforms, "reparations" programmes, towards "national reconciliation", as well as the diverse institutional "reforms", include some 40-50 countries around the world, most notably, in addition to Morocco and South Africa (1997), Bosnia and Herzegovina (1999, Oriental (2001).
b/Through public hearings open to public audiences, published by the press, broadcast by radio and television, and traded by all social media.
c/Packages of remedies, such as an integrated system for addressing violations, physically, psychologically, materially, and rehabilitating and redressing victims, individually and collectively. For individuals, this may take the form of financial compensation, reinstatement, provision of a severed livelihood, schooling, adequate housing, etc. The form of "affirmative action" may be taken in development, reconstruction, services, etc., for marginalized areas and ethnic groups, as well as for women, groups that have experienced vulnerability, and some symbolic actions, such as official apologies for income, etc.
d/To commemorate and honour the victims, after consultation with them or their families, By establishing statues and monuments, and by establishing museums, such as the one that was erected in the Serbinica battery plant in Bosnia, where 20 of the 8,000 Muslim victims liquidated by Serbs were placed, And so on, converting sites that were used in the past as concentration camps, or torture, similar to "Ghost houses", to memorial parks, as well as to activate constructive dialogue about the events of the past, what is needed is not forgiveness, but forgiveness and amnesty.
e/Achieving and supporting "reconciliation" initiatives in divided societies, with the participation of victims, or their political and civil representatives, on what can be done to clear wounds and create opportunities for peaceful coexistence with past "enemies", opening the way to building a better national future.
and/reform of formal institutions that may have been used in violations "Security - Police - Military - Judiciary.. for example ", as a preventive measure against the future recurrence of violations.
g/These international experiences and experiences resulted in the establishment of the International Center for Transitional Justice (ICTJ) in New York, thanks to the efforts of Professor Alex Buren and Pastor Desmond Tutu, who are the real engineers, along with Mandela, in connection with the South African experience.
All these experiences and experiences have elevated the international communitys discourse by demanding access to justice. accountability principles ", in the 1970s and 1980s, to promote accountability principles impunity ", and the emphasis on not allowing impunity since his enquiries human history ", until these experiences and experiences become a milestone in human history. for the creation and enrichment of new forms of "transitional justice", from the moral, religious and cultural stock of various peoples.
