Civil society groups ask Yar’Adua to arrest al Bashir

Four Nigerian civil society organisations have joined calls for the Nigerian president to arrest the Sudanese president if he attends an African Union Summit in Abuja later in the week.

The Socio-Economic Rights & Accountability Project (SERAP), the Committee for the Defence of Human Rights (CDHR), the Women Advocates Research and Documentation Centre (WARDC) and the Partnership for Justice (PFJ), in an open letter, asked President Umaru Yar’Adua to “ensure the arrest of President Omar al Bashir of Sudan, who is expected to attend the forthcoming African Union Peace and Security Council meeting on Darfur in Abuja, starting 29 October 2009.”

The groups threatened to take the Nigerian government before the United Nation’s Security Council for punitive measures if the nation fails to arrest Mr. Al-Bashir on his arrival. They stated, “in case your government does not act as requested, we will be compelled to file necessary applications before the UN Security Council for appropriate measures and sanctions in the circumstances.”

Under Article 87 (7) of the Rome Statute of the International Criminal Court (ICC), the Court can refer the case of non-compliance back to the Security Council who may decide to take further measures.

Nigeria under obligation

In the letter signed by the executive directors of SERAP, Adetokunbo Mumuni, and the WARDC, Abiola Afolabi-Akiyode; the CDHR president, Olasupo Ojo, and PFJ managing partner, Itoro Eze-Anaba, they decried the invitation extended to the Sudanese leader by the Nigerian president.

They added that “despite Nigeria’s international obligations including the Rome Statute of ICC (which Nigeria is signatory to), your government has invited President al Bashir who is wanted by the ICC on charges of crimes against humanity and war crimes. Your government also has reportedly given assurances that he will not be arrested. This is a clear violation of the arrest warrant issued by the ICC on 4 March 2009 for President al Bashir.”

The groups demanded that “Nigeria must arrest and surrender President al Bashir to the ICC to avoid complicity in the crimes against humanity and war crimes he is alleged to have committed in Darfur.”

According to the groups, “under the principle aut dedere aut judicare, (extradite or prosecute), Nigeria has a legal obligation to extradite a suspect of crimes against humanity and war crimes and surrender to the ICC for prosecution. Nigeria has also ratified the 1984 Convention against Torture, which requires it to extradite or submit cases of persons found in territory subject to their jurisdiction suspected of torture.”

Corroborating the Article 27 of the Rome statute which disregards immunity for any serving leader, the group argued, “Bringing individuals to justice, regardless of their official capacity, also demonstrates an ultimate respect for international law that will do greater good for the international community of states than the temporary damage that may be done to diplomatic relations. Therefore, President al-Bashir’s official capacity as a sitting Head of State does not exclude his criminal responsibility, nor does it grant him immunity against prosecution before the ICC.”

They enjoined Mr. Yar’Adua to ensure full compliance with the warrant of arrest by the ICC because the situation in Darfur is referred to the ICC by the Security Council, which Nigeria was joined elected to.

The group’s call is coming after an international human rights organisation, Amnesty International, had on Thursday, October 22, issued a statement that the Nigerian government has, in an invitation which is ‘still secret’, invited the Sudan president and has given the assurance that he will not be arrested. The body also requested that the Nigerian government respect the Rome statute by arresting Mr. Al-Bashir once he arrives in Nigeria.

Wanted by the ICC

Mr. al-Bashir is wanted by the International Criminal Court (ICC) on charges of war crimes and crimes against humanity. An arrest warrant was issued on him on March 4, 2009 by the ICC prosecutor, Luis Moreno-Ocampo.

Efforts by NEXT to get the Presidency to react to the issue were futile as the president’s spokesperson, Segun Adeniyi, refused to pick phone calls and reply text messages sent to him on Thursday.

However, reliable diplomatic sources in Abuja said it appears what the government is doing is to eat its cake and have it by not breaking ranks with the AU yet seeking to fulfil international obligation. “My reasoning is that government is merely inviting Sudan as a country with a veiled message that someone higher in the Sudanese government but not Bashir would be the welcomed guest, as one of the main issues to be discussed will be on Darfur,” he added.

Former South African president, Thabo Mbeki, is expected to present a report on the situation in Darfur at the meeting. The Sudanese president is alleged to be arming militants (the janjaweed) who are accused of crimes against humanity.