Transitional justice in the post-revolution Sudan 3-4
Dr. Sami Abdul Halim Said
B. Prosecution of terrorist offences:
In the absence of the rule of law and of adherence to international human rights standards, the State has been involved in many activities which, under international law, constitute a threat to international peace and security. As part of these violations, the Sudanese State and its citizens have been subjected to very harsh international sanctions that have affected the growth and development of the Sudan and have directly affected its international relations.
Terrorist groups were housed and hosted in the Sudan by official figures and facilitated and supported by government agencies. In that environment, the assassination of Egyptian President Hosni Mubarak in the Ethiopian capital Addis Ababa on 26 June 1995 took place during his participation in the African summit meetings, in which official figures and government agencies were directly accused in the Sudan.
Hariri assassination court experience
Recent experience in attempting to assassinate presidents by terrorist groups tells us that the Security Council, at the request of the Lebanese State, has established a special court to investigate and prosecute the murder of former Prime Minister Rafik Hariri. On 14 February 2005, a group detonated the Prime Ministers vehicle and the accompanying procession in Beirut, resulting in the death of Mr. Rafik Hariri and 22 escorts.
The United Nations Security Council, in its resolution 1664 of 2006, requested the Secretary-General of the United Nations to negotiate with the Government of Lebanon the establishment of an international criminal court, based on the highest internationally recognized standards of criminal justice.
The case was referred to a special international tribunal, the Hague-based International Special Tribunal for Lebanon, which was exclusively competent to hear and adjudicate the Hariri assassination case. The Special Court began its deliberations in 2009 on the basis of Lebanese criminal law, becoming the first international criminal court to allow for the organization of a special trial under national law and, in the absence of the accused, after the appointment of lawyers representing the absent accused.
Lebanons experience was based on the application of Lebanese criminal law by foreign judges with considerable judicial competence. It was wise that trials within Lebanon should not contribute to widening the cycle of violence, as well as fear of sectarian influences in the course of justice.
C. Prosecution of corruption:
As we have already said, corruption has remained a topic that has not been denied by the institutions of the deposed political system, after the scandals of corruption in the social media.
Existing laws and justice institutions continued to protect public funds from encroachment. However, these laws and institutions have failed to curb corruption, having involved senior figures at the highest levels of government. These include: the Law on Accounting and Financial Procedures, and the Law on Forbidden and Suspicious Wealth.
It is important to know that this law contains a document named "Patent" whereby the official acknowledges his entire property and wealth on the day he assumes public responsibility. It is very clear that this legal system needs radical reforms, within the framework of the prosecution of spoilers, and under the rule of law State justice authorities must have the capacity to investigate anyone without any immunities. Prosecutions are therefore expected to include persons suspected of committing corruption offences, and may include their jurisdiction ratione personae:
- Public officials at different levels of the State.
- Politicians, including members of parliament and leaders of political parties.
- Sudanese citizens, including businessmen.
- Foreigners, including investors
They include in terms of time range: all crimes against public office, public money, actions against the national economy and since the dictatorship came to power.
On the merits, such justice must include public funds, government privileges and exemptions owned by the Government of the Republic of the Sudan, whether they exist inside or outside the Sudan at the time of their disposal. Corruption offences pursued by justice include all positive or negative acts, which serve to waste public money in bad faith, whether it be the act of participating in and assisting in its commission, or inciting its commission.
International cooperation on corruption:
The Sudan has not ratified the main international legal instruments against corruption and its national legal framework is incomplete. However, he signed the United Nations Convention against Corruption on 14 January 2005 and the African Union Convention on the Prevention and Combating of Corruption, but did not ratify it.
While the Criminal Code of 1991 and the Law on Combating the Irreversible Wealth of 1989 are national laws that clearly criminalize infringement of public property, justice institutions and their personnel no longer have the will and will to revive such laws.
It is important to ratify the United Nations Convention against Corruption 2005. The Convention assists Member States in utilizing forms of international cooperation to track and combat corruption at the global level. Given the weak potential of developing countries, the Convention provided technical assistance and skills, helped State institutions to combat corruption and effectively recovered looted national funds.
Dictatorial governments did not sign the Convention against Corruption, so that they could be a polarizing state for the worlds corrupt and criminally wanted people to come to the Sudan, be free from criminal accountability, and benefit the corrupt class from extorting those corrupt groups fleeing their countries.
Requests for judicial assistance and Interpol International: Specializes in the provision of assistance in the prosecution and extradition of corruption cases, assists in the tracing and arrest of fugitives, as well as in the investigation and collection of evidence from Member States.
There are many coordinating institutions established by conventions and treaties. For example, see how the General Court of the European Union dealt with cases of corruption of Egypts ousted President Hosni Mubarak...
(The General Court of the European Union announced its support for the decision of the Council of the European Union to continue to freeze the funds of former Egyptian President Hosni Mubaraks family. The decision was adopted by the Federation Council in March 2011 and extended in the following years. The Court noted in a statement that "even assuming that the situation in Egypt developed after 2011 and in a manner contrary to democracy, this does not affect the power of the Council of the European Union and its ability to renew its original decision to freeze those funds". Switzerland has frozen funds and assets belonging to Mubaraks family and some close associates worth CHF 570 million (approximately 603 million) since 2011.
2. International trials:
If national justice remains incapable or unwilling to enforce justice, the international option is permanent. The international option may be complementary. The option of international justice falls short when the State fulfils the requirements of justice by adopting its national justice system and by applying justice fully independently, in accordance with international standards. The experience of Kenyas election violation trials and the killing of President Hariri may all be evidence of the possibility of delivering transitional justice in more fair, independent and efficient conditions. However, recourse to international justice may require diplomatic efforts, as such justice requires the passage of international resolutions from institutions concerned with international peace and security, such as the United Nations Security Council. Transitional justice across international institutions is also costly.
