Interview with the Prosecutor of Crimes in Darfur, Al-Fateh Al-Tahir
10 August, 2011
Khartoum, Sudan (sudanow.info.sd)-Resolving the problem of Darfur is the greatest challenge facing the Second Republic in Sudan following the secession of the South Sudan. There is no doubt that there are serious issues caught up in this challenging situation.
The most critical one is the implication of justice and the pertinent question of immunities of regular forces associates who are implicated in criminal crimes as some claim that such immunities are obstructive to justice.
Sudanow brought these issues and others related to the attainment of the prompt justice before the Prosecutor of Crimes in Darfur Maulana Al-Fateh Al-Tahir at the sidelines of the Forum on Peaceful Coexistence, which was held recently in Al Fashir , capital of North Darfur State.
It was an opportunity to meet Maulana Al-Tahir, in the company of Army and Police Generals, Security officials and Native Administration members shouldering the mission of the office of the Prosecutor of Crimes in Darfur, who were participating in the Forum.
The statement he gave to Sudanow is transparent in respect to the application of justice, the actions taken to remove immunities and the nature of the crimes being investigated.
Question: There is a claim that trials in Darfur, were belated and delayed, is that true?
Answer: The postponement of the judgment sometimes has to do with the purposes of attainment of justice itself, or might be in an anticipation of a particular procedure to be in the interests of justice as to enable the parties to the case to submit their arguments as equals before the court or the prosecution, and when the opportunity is given to a particular party to come up with documents and witnesses, and when information is available and submitted before the court, then there will be no delay in the trial.
The court provides equal opportunities for the defense and the prosecutor to come up with their defenses and their documents until the case is ruled on a solid base and to enable the judge to make a just sentencing.
The mismatched delay as well as the mismatched hurry judgment, does not lead to the attainment of the prompt justice. There should be a middle course that could allow justice in Darfur to find its way for realization.
Question: What is the legal status of the Native Administration in Darfur?
Answer: The values ??of tolerance in society and the system of “al-Rakubah” played a significant role in the past in strengthening the social fabric in Darfur. The minister of justice has a program related to the management and empowerment of the Native Administration to enable it restore the important and appropriate status it had acquired before and to keep pace with developments in the legal and judicial aspects.
Question: Do you think that the coverage of Localities’ Prosecutors in Darfur is adequate?
Answer: We have offices in the three states of Darfur but prosecutors are deployed in all the states of the country and this is in line with the program of the Ministry of Justice and the Attorney General, both interested in the deployment of prosecution offices.
Question: What is the scope of the work on the criminal crimes in Darfur in particular with respect to those who have immunities and the associates of the regular forces?
Answer: In the office of the Prosecutor of Crimes in Darfur we have representatives of the armed forces, police and security; Major General Adel Saddiq, Head of the Office of Military Appeals - Brigadier, Al-Suyooti representative of the Police Forces, and Brigadier, Izzeddin representative of the National Security Forces.
In each state there are representatives of the three regular forces and there is inclusive coordination between them in order to prevent pleading and variance over constitutional or military immunities.
We now have a number of military detainees implicated in the events of Zeriqah and Shangil Tobayi and they are under investigation and they are in the military prison according to the law and we bring them for investigation and there is no observance to immunity as long as it is removed according to the law and cooperation received from the relevant bodies.
Question: Is investigation initiated according to information received or in response to complaints and claims by the victims?
Answer: Investigation is always made after information reach us, or according to a complaint and a request by the avenger of the blood (Walie-el-dam) of the victims and then we begin investigations through the required technical procedures and there are cases that require the initiation of an inquiry.
Question: What kind of crimes you were concerned with?
Answer: Three types of crimes relating to the attack on the humanitarian workers and civilians, whether against their persons or money and the crimes of robbery and terrorizing the people, crimes of banditry and looting in the cities, which concern the public tranquility and also acts relating to the slaughtering of civilians who have nothing to do with the war.
Question: But, what about rape crimes?
Answer: Prosecutors do have responsibilities over such crimes, as we will be dealing with crimes of privacy that have serious impact on security and public safety in the region. This requires initiating the mechanisms faster and we are coordinating with the Public Prosecution offices in the states in an integrative process and then the judiciary is to form a special tribunal of judges eligible to attain prompt justice.
Question: There were previous investigation committees; would you continue in what has been reached regarding the trials and what is extent of benefit from that?
Answer: Of course, at the beginning, there was a fact-finding commission headed by Maulana Daffaalah al-Hajj Yusuf, then a committee headed by the Supreme Court judge Maulana Abdul-rahim, and a third committee headed by Maulana Hussein Awad Abu-al-qasim and then there was the committee of the former Prosecutor of the Crimes in Darfur Maulana Nimer and on this legacy we build and from where they finished we continue. In most of the cases which were ruled we benefited from the excellent and great initial work done by the Office of the previous Prosecutor for Darfur Crimes, Nimer.
Question: What is your comment on the adherence of some people to foreign bodies of justice, specifically the International Criminal Court?
Answer We in Sudan are not joining the International Criminal Court, and therefore this court and its prosecutor do not have any jurisdiction on the land of Sudan especially that we have capable and willing judges to apply prompt justice and we are in Darfur for this purpose.
Question: How valid is the inference of politicizing international justice?
Answer: The international justice is politicized and there is no doubt in that, while the Hague Prosecutor is chasing Muslim rulers why is he not investigating the crimes committed by Israel against the Palestinian people and those committed by the Bush Administration in Iraq and Afghanistan. As a professional I do not have to meddle into politics.
End
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