The Arab Center for Independence of the Judiciary and the Legal Profession (ACIJLP), expressed its satisfaction with the decision of the Pre-Trial Chamber I of the International Criminal Court, concerning Prosecution’s application of 14 July 2008 for the issuance of a warrant of arrest against the Sudanese President Omar al-Bashir, on charges of war crimes and crimes against humanity in the Darfur region since 2002, resulting in the deaths of hundreds of thousands of unarmed civilians and the displacement of 2.700000 million more than other people, according to the indictment issued by the Office of the Prosecutor of the International Criminal Court and the United Nations.

The Center also finds that the decision to arrest a Head of State, who is still in power, is regarded as a termination of the stage represented in using the diplomatic immunities as a way to hide, and a beginning of a new stage where the diplomatic immunity does not represent the protection of those accused of the most serious crimes, such as war crimes and crimes against humanity.

The Center confirms that the presence of the International Criminal Court and the cooperation of the international community with its mechanisms will reduce the culture of impunity, which was the main victim of its proliferation is the basic human rights, and the right to peace and security.

While the Center welcomes the adoption of this resolution, it calls on the Sudanese government, in fulfillment of its international obligations and commitments as one of the States Parties to the United Nations, to stand for criminal justice, and not to put the political considerations above considerations of justice and human rights. Furthermore, Sudanese government should cooperate with the International Criminal Court by moving in the direction of delivery of each Mr. – Ahmed Haroon, Mr. Kushayb and the Sudanese President Omar Hasan Ahmad al-Bashir, to the International Criminal Court.

The Center calls upon the Sudanese government not to take the reactions of retaliation, which would increase the suffering of the Sudanese people in Darfur, committing new crimes, and to put the priorities and interests of the Sudanese people and their rights and fundamental freedoms, above all considerations.

The Center calls upon the international community to support the role of the International Criminal Court, and to activate and implement its decisions regarding the prosecution of the accused persons in the commission of crimes within its jurisdiction, and to prosecute in a just and fair trial, in protection of human rights and to put an end to impunity.

The Center believes that this decision of the Pre-Trial Chamber I is a positive step towards achieving the international criminal justice and activating the role of international judicial mechanisms to protect human rights; as the trails of the International Criminal Court restrict to the international standards for fair and just trials to the accused of crimes falling within the scope of its jurisdiction on one hand, and ensure that sentences are to protect the rights of the victims on the other hand.

Within the context of judicial proceedings taken by the Egyptian authorities on the threats directed to Mr. Nasser Amin, Director of the Arab Center for Independence of the Judiciary the Legal Profession (ACIJLP). The public prosecution “Misr El Qadima prosecution office” began the investigations on December 15^th 2008. The investigations included hearing the statements of Mr. Amin stated in his communication to the Egyptian Attorney-General on receiving an e-mail which threats his right to life and physical integrity, unless he stops his role and the role of the Center to support the International Criminal Court and its role in the trial of the Sudanese president on the background of the crisis of Darfur region.

The investigations included also a question on the role of the Center and its activities to support the International Criminal Court, and whether the Director of the Center accuses anyone of being behind the threats. Mr. Amin has not charged any one or a particular body, but he accused only the group who sent the letter, which called themselves the “the Middle East Mujahedeen group in Cairo.”

It should be noted that Mr. Nasser Amin received on 25 October 2008 via the e-mail box of the Center a message entitled “the final warning” from a group calling itself the ” the Middle East Mujahedeen group in Cairo.” The letter contained a direct threat to Mr. Amin and one of the researchers at the center, who is Mr. Hamad Wadi Sand. The threatening letter called on Mr. Amin to desist from his duties to enhance the role of the International Criminal Court to Darfur crisis

As a result of this letter, Mr. Amin submitted a communication No. 18292 to the Egyptian Public Prosecutor calling him to take the necessary legal steps towards the investigation of the incident that threatening the right to life and physical integrity. The communication also called on the concerned bodies to reveal the truth and to find the source of the threats and take the necessary legal steps.

On Wednesday morning, “Miser El Qadeima” Public Prosecution office is due to hear the statements of Mr. Nasser Amin on what is mentioned in the referred statement, in which he appealed to the Egyptian Attorney General to take the necessary legal steps towards the investigation of the threatening incident to his right to life and physical integrity. Moreover, he required the concerned authorities to uncover the truth and to find the sources of these threats in addition to take the necessary legal steps.

It should be noted that Mr. Nasser Amin received (on October 25^th 2008) e-mail message entitled “final warning” from a group calling itself the “Mujahedeen of the Middle East in Cairo.” The message contained a direct threat to Mr. Amin’s secretary and to one the researchers at center who is Mr. Hamad Wadi Sand.

The threatening message requested Mr. Amin to desist from his duties to enhance the role of the International Criminal Court in Darfur crisis.

The threat came when the researcher Hammad Wadi Sand, prepared an article published on the Internet that supports the idea of the Sudanese president’s trial before the International Criminal Court.

Mr. Nasser Amin, Director of the Arab Center for the Independence of the judiciary and the legal profession (ACIJLP), received on Saturday, 25 October 2008, a strong threat from a Sudanese group in Cairo calling its self (Middle East Mujahedeen in Cairo) through the Center’s e-mail.

The email included a threat to Mr. Amin’s life and his right to physical integrity, and it included also a threat to the researcher “Hammad Wadi Sannd”, who works at the Center and who have the Sudanese nationality.

Further more, the threatening e-mail claimed Mr. Amin to stop playing his role – and the Center’s role – towards Darfur crisis in addition to the role of the International Criminal Court on this crisis.

The Center fears that the Sudanese government might have a prior knowledge of these threats and their content, or at least that these threats didn’t have any reluctance from the Sudanese officials in security organs.

The Center sees that the motive behind this threat is to obstruct the role of the Center that supports the International Criminal Court on strengthening international criminal justice and the role of the court toward Darfur crisis.

 
While the Center Expresses its resentment and condemnation of such threats, it calls upon the Egyptian government to guarantee Mr. Nasser Amin’s right to life and physical integrity. The Center also puts the full responsibility on the Sudanese government and the Sudanese embassy in Cairo for any actions that might caused by Sudanese resident in Cairo.