Press releases

International and Egyptian jurists in a conference discussing “The Rule of Law and the Independence of Judiciary in Sudan”

The Arab Center for the Independence of Judiciary and Legal Profession (ACIJLP), in cooperation with the International Commission of Jurists (ICJ), is organizing a conference on “The Rule of Law and the Independence of Judiciary in Sudan”, scheduled to take place 19th – 20th March 2008, at Pyramiza Hotel (El Bavion Hall), Dokki.

Justice Michèle Rivet Québec Human Rights Tribunal and Mr. Param Kumara swami former UN Special Rapporteur on the Independence of Judges and Lawyers will participate as speakers in the conference. Furthermore, many Sudanese figures from the Ministry of Justice and the Sudanese judicial authority and Sudanese lawyers, in addition to many legal, diplomatic and media actors will participate in this conference.

The conference addresses many topics relevant to the rule of law and independence of the judiciary in Sudan, international standards of independence and impartiality of the judiciary, the role of prosecutors in support of the rule of law, the guarantees of a fair trial, the role of the judiciary in protecting human rights during the state of emergency and military and special courts.

The activities of the conference’s opining session will start at 09.00 a.m. on Sunday, 19th March.  

The aggravation of the humanitarian crisis in Darfour calls for immediate intervention by the international community

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) is extremely concerned by the exposure of civilians in Darfour to the worst humanitarian crisis Sudan has ever experienced, and without effective action by the international community.

Through eyewitnesses ACIJLP has documented armed militia attacks on civilians in Abu Sorouj, Abu Salea and Sarba in the West Darfour province using horses, camels and ?? under air cover provided by the Sudanese air force on Friday 8th and Saturday 9th  February 2008. These attacks caused the death of nearly 209 civilians and resulted in the burning and looting of civilian property. The headquarters of Concern and the ICR organisation were burnt and hundreds of civilians fled to el-Jeneina (the capital city of the West Darfour province). Four thousand people have crossed the border into Chad.

Eyewitnesses said yesterday, 12th February 2008 that there are a large number of disguised cars, which they believe are military vehicles, moving towards el-Jeneina. ACIJLP fears that these movements are preparations for further attacks ? civilians.

These attacks constitute a flagrant violation of international law in general and of international humanitarian law in particular, especially the four Geneva conventions which oblige the parties to armed conflict not to target civilians.

ACIJLP believes that the continuation of the siege of Abu Sorooj and the prevention of investigation teams from entering the area increases the seriousness of the suffering of civilians who require humanitarian aid.

ACIJLP condemns the targeting of Sudanese civilians and calls on all parties to the conflict in Darfour to abide by international humanitarian law which prohibits the targeting of civilians and ceasefire immediately.

ACIJLP also calls on the Security Council to assume its responsibility to preserve world peace and order and compel the parties to the conflict to put an end to repeated violations against civilians in the troubled Darfour region. It also calls on the United Nations and the African Union to speed up the spread of its international forces in the Darfour region in order to protect civilians, and to conduct an immediate international inquiry into the latest violations in the Abu Sorooj, Zabo Salea and Sarba regions.

ACIJLP also calls on the Chad to renounce its decision not to accept Sudanese refugees fleeing repeated attacks in their villages, and to abide by its international obligations, in particular under the Convention Relating to the Status of Refugees approved by the United Nations General Assembly in 1951.

Names of some of those who died in the attacks

Abkar Yehya Adam, Aldoma Abdallah Yehya, Abdallah Ibrahim, Mohamed Beshir Jaboury, Abdallah Ibrahim, Kharif Yehya, Kheyran Yehya el-Doqo, Ali Jammaa Abyad, Zereqa Yehya el-Sheikh, Ismail Abkar Moussa, Abdel Rahman Abdallah Moussa, Ahmed Mohamed el-Nour, Adam Daktoor Idriss, Bekheit Abdel Nabi Idriss, Adam Ishaq Mohamed, Yehya Ali Azo, Abdallah Nasr Omar, Adam Ishaq Ali, Ibrahim Lameddin, Omar Tojary Qord, Abdel Rassoul Daynaq, Ismail Moussa, Adam Abdallah Matar, Zeriqa Daoud, Mohamed Abdel Hamid Bahr, Fadl Ibrahim, Jendeela Abdallah.

Libyan authorities carry out death sentence handed down against Egyptian national ACIJLP fears that this execution may herald the execution of other Egyptians

The Libyan authorities today, 22nd January 2008, carried out a death sentence handed down against Egyptian national Imad Abdel Wahed in the Hadida prison, Tripoli.

In 1999 Imad was accused of aiding Libyan Fathy el-Faytory in the murder of another Libyan national, Mohamed Ramadan el-Bahleel. The two men were convicted on 2nd July 1999.

Since that time, and in cooperation with Libyan civil society organisations and the Egyptian and Libyan authorities – and in particular the Ministry of Foreign Affairs – the Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) has tried to persuade the victim’s family to engage in negotiations and reconciliation in order to stop the implementation of the death sentence and reduce the punishment to life imprisonment, in accordance with Libyan legislation.

The implementation of the sentence had been postponed more than once. The victim’s relatives were not persuaded to reconcile with Imad, while at the same time showing signs that they would be prepared to reconcile with his Libyan accomplice.

Twenty-six Egyptians are currently awaiting the implementation of death sentences in Libyan prisons.

ACIJLP fears that the implementation of this sentence against Imad marks the beginning of the carrying out of death sentences against other Egyptian nationals.

ACIJLP calls on the Egyptian government and the Egyptian Ministry of Foreign Affairs to intensify their efforts to reach a solution in order to save the lives of the imprisoned Egyptians – particularly in light of the Libyan President’s announcement that the death penalty will be abolished.

ACIJLP urges international human rights organisations and international organisations which work for the abolition of the death penalty to lobby the authorities concerned in order that they take the necessary steps to stop the implementation of the death sentences against the imprisoned Egyptians. This will mark a step towards the abolition of a punishment which is clearly at odds with international instruments protecting the right to life – a right which cannot be derogated from in any circumstances.

ACIJLP equally urges Arab governments and parliaments to re-examine the inclusion of the death penalty as a punishment in Arab penal codes.

ACIJLP is extremely saddened by the implementation of the death sentence against Imad Abdel Wahed, and hopes that this will be the last execution of an Egyptian prisoner in Libya.

ACIJLP appeals President Gaddafi to pardon Imad Abdul Wahid who will be executed tomorrow in Libya

The Arab Centre for Independence of Judiciary and Legal Profession urges Mr. President Muammar Gaddafi, President of Libya, to take a prompt action in order to pardon the Egyptian citizen and to stop the implementation of the death penalty against him; Emad Abdel-Wahid is imprisoned in the Libyan prisons and he sentenced to death.

The sentence is scheduled to be executed on Emad Abdel Wahid Mohamed Ali tomorrow, Tuesday, January 22nd, 2008, at 10 am.   

Worth mentioning that Imad Abdel Wahid Mohamed Ali was arrested on charges of involvement in the murder of Libyan citizen Mohammed Ramadan Albahlil with the participation of the Libyan citizen Fathi Alvittori in 1999, and he was sentenced to death, and the execution postponed twice before.

The Centre is afraid that the execution of death sentence will be applied on Imad Abdul Wahid while his Libyan partner will be pardoned, especially as this violates Article II of the mentioned Act, in which partners in the same crime benefit of the waiver if the conciliation has been done with one of the partners.

The Center addresses Mr. President Muammar Gaddafi to intervene directly in order to stop the implementation of this sentence, and it demands the Libyan leader to activate article 6 / 4 of the International Covenant on Civil and Political Rights which states that “Any person sentenced to death has the right to seek pardon or commutation of sentence. Pardon, general amnesty or commutation of the death penalty could be granted in all cases.”

ACIJLP urges the Libyan authorities not to isolate condemned Egyptians and deny them contact with the outside world

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) urges the Libyan authorities to annul the procedures taken by the Libyan prison authorities to hold the Egyptians condemned to death in isolation, deny them contact with the outside world, place them in solitary confinement and deny them contact with their lawyers and relatives. The condemned men, who are being held in Benghazi’s Kofaya Prison, began a hunger strike on the 8th January 2008 in an attempt to stop the implementation of this decision by the Libyan authorities.

ACIJLP fears that this decision was taken in response to a segment of a television programme in which one of the condemned men described the problems connected with their case – some of the men have had their sentences reduced and have won the right to be released but remain in detention despite this.

ACIJLP urges the Libyan authorities concerned to annul the decision to isolate the Egyptians imprisoned in Libya and deny them contact with the outside world. The Libyan authorities must abide by its international obligations under associated international treaties, in particular articles 11 and 14 of the International Covenant on Civil and Political Rights which Libya ratified on 15th May 1970, and the Standard Minimum Rules for the Treatment of Prisoners approved by two decisions of the Economic and Social Committee on 31st July 1957 and 13th May 1977.

ACIJLP believes that this decision represents one of the most serious obstacles to negotiation, reconciliation and dialogue between their legal representatives.

ACIJLP urges the Libyan authorities to annul the decision to isolate the Egyptians and deny them contact with the outside world. It urges the Egyptian Foreign Ministry to intervene immediately with the Libyan authorities and consolidate its efforts to end the Egyptian prisoners in Libya crisis.

The Arab Coalition urges the international community to cooperate with the ICC on the handing over of suspects

The Arab Coalition for an International Criminal Court is concerned by the obstacles the International Criminal Court (ICC) is facing in the exercise of its duties and, in particular, in matters concerning the handing over those involved in the most serious crimes against humanity.

The handing over of those wanted by the ICC is one of the most serious obstacles hampering the ICC from carrying out its work. In a press conference convened on 21st November 2007 in New York, the ICC proposed the establishment of a body via which States would be obligated to cooperate with the ICC in matters pertaining to the handing over of suspects, particularly in the cases of Darfour, the Democratic Republic of Congo, the Central African Republic and Uganda.

The Arab Coalition expresses its solidarity with the ICC, and urges the international community to cooperate with the Court in order to establish justice and end the culture of suspects escaping justice.

The Arab Coalition urges the group of States Party to the ICC to sign the Rome Statute’s Protocol which would put in place a permanent mechanism through which the ICC would be able to force States to hand over wanted individuals to international justice.

Since Sudan is a sovereign country, the Arab Coalition calls on the Sudanese government to abide by international law and implement Security Council resolution 1593 issued in 2005, by cooperating with the ICC, detaining wanted individuals and handing them over to the ICC.

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) believes that by remaining in his position Ahmed Haroun is able to control towns and camps, which reduces the chances of peace in Darfour. The Sudanese government must take advantage of the procedural guarantees of justice laid down in articles 65, 66, 67, 75 and 76 of the Rome Statute.

ACIJLP fears that the Sudanese government’s behavior and its rejection of cooperation with the ICC may force the Security Council to take action under Chapter 7 of the United Nations Charter in order to implement its resolutions, particularly articles 41, 43, 46 and 47 of the Charter issued on 26th June 1945 and adopted on 17th December 1963.

The ICC is an independent and permanent court which investigates individuals suspected of serious crimes of international importance (Darfour, the Democratic Republic of Congo etc) such as genocide, war crimes and crimes against humanity where the State concerned is either unwilling (Sudan) or unable (the Democratic Republic of Congo) to do so. The office of the ICC’s Prosecutor is currently running investigations into four cases all of which are in Africa (the Democratic Republic of Congo, Uganda, the Sudanese province of Darfour and the Central African Republic).The humanitarian situation in these areas remains deplorable with a huge number of victims in need of international justice.

Arab Center for Independence of the Judiciary Law Firm