Source: Ikhwanweb
On Friday 25th April 2014 the ICC prosecutor, Mrs Fatou Besouda, informed the democratically elected government of Egypt that the complaint submitted by them detailing serious allegations of international crimes cannot proceed.
Representatives of the democratically elected Government were notified of MrsBensouda’s decision in a personally signed letter dated 23 April 2014. Thedemocratically elected Government’s legal team today announced that the decision will not prevent accountability through the International Criminal Court. The distinguished legal team which includes former UK Director of Public ProsecutionsLord Ken Macdonald, former UN Special Rapporteur Professor John Dugard and ICC specialist Rodney Dixon QC are preparing to take the matter to the ICC Judges.
The complaint sent to the ICC contained strong evidence of serious
criminal acts perpetrated by the military regime responsible for the
coup d’état which resulted in death of over 2000 protestors and the
detention of 20,000 people including President Morsi and members of the
democratic Government. In meetings held with the ICC,senior officials
had accepted that serious crimes had been committed in Egypt since the
coup and equated the crimes to those that have been committed in Syria.
The ICC complaint contained an Article 12 (3) declaration, which
allowed the ICC to investigate the situation in Egypt. It contained a
clear and reasonable legal basis for opening a preliminary examination
into the situation in Egypt and was supported byindependent opinions
from leading international law experts. In contrast, the ICC Prosecutor
accepted jurisdiction over the Ukraine as a result of a similar
declaration. The ICC announced the Ukraine decision on the same day as
informing the democratic Government about the Egypt decision.
Lawyers representing the government have expressed serious concern
at the manner in which the decision was taken. The decision has been
described as ‘wrong in law and devoid of proper and independent legal
analysis’.
Tayab Ali of ITN Solicitors who acts for the democratically elected Government said:
We do not agree that the ICC Prosecutor is able to administratively
determine that the democratically elected Government of Egypt’s
referral cannot proceed. Accordingly we will lodge an appeal with the
ICC requesting Judges to review the decision made by the Prosecutor. The
ICC was established to prevent international crimes and defeat impunity
for those responsible for committing them. In a strong case such as
this it is not appropriate for an incorrect administrative decision to
prevent accountability for the many well-documented crimes that have
been committed in Egypt
I am very disappointed by Mrs Bensouda’s personal decision which
would cause the ICC to turn its back on investigating and deterring
these crimes. It is surprising that the prosecutor has taken this
decision in this way and more so when contrasted with the African
Union’s decision in respect of death sentences, which has taken strong
and positive steps to uphold human rights' protections in Egypt. The
Chairperson of the African Commission has written to the Egyptian
interim authorities directing that they suspend the death sentences and
uphold international human rights law.
The complaint lodged at the ICC was based on sound legal
principles, which although being clearly presented to the Prosecutor,
have been entirely ignored. In addition the complaint contains the
clearest evidence that the military regime in Egypt is responsible for
committing crimes against humanity, which include murder, torture and
enforced disappearance.
It should not be forgotten that the complaint rejected by the ICC
prosecutor was in respect of a regime that has unarguably committed
crimes against humanity against its own people and recently sentenced
hundreds of people to death following trials that lasted only minutes.
It is of serious concern that on the same day that the ICC has
recognized the declaration of the Ukrainian government for the killings
of protestors, the Prosecutor has notified the democratically elected
government of Egypt that its declaration is not acceptable and that
those killed by the military regime cannot be investigated by the ICC.
The paradoxical positions taken about the two situations appear to
suggest the process used by the Prosecutor to determine the similar
complaints was at best seriously flawed and at worst inappropriately
politically motivated’.
Link http://www.ikhwanweb.com/article.php?id=31647.
No comments:
Post a Comment