About the President of Sudan

Dear Ali Babacan

Minister of Foreign Affairs

Subject: We convey our opinion and demands regarding the International Criminal Court’s arrest warrant against the President of Sudan

International Criminal Court has issued an arrest warrant against Omar Al Bashir, the President of Sudan, in charge of committing war crimes and crimes against humanity on 4th March 2009. The arrest warrant is based on strong suspicion that Omar Al Bashir is the criminal responsible for deliberate attacks including murder, rape, torture, displacing many people forcibly and plunder that carried out against majority of civilian population in Darfur, Sudan. This is the first time that International Criminal Court has issued the arrest warrant against a president, who is still in power. The arrest warrant is a historical step regarding murder of over 300.000 people, rape of thousands people and millions displaced people.

We, as the members of the Coalition for the International Criminal Court, believe it should be ensured that the President of Sudan will obey the ICC’s decisions and he should be submitted to the court to be tried immediately. We think this decision is an important sign that those, who violate human rights no matter how they are powerful and whether they have immunity cannot be escaped from international justice and the crimes that they commit will not go unpunished. All countries, including Turkey, should make effort actively for implementation of ICC’s decisions and accomplishing international justice.

After the ICC’s decision, Sudan is trying to persuade the UN Security Council to issue a decision of delay. If there will be a demand before the UN Security Council regarding decision of delay about the investigation in Sudan, Turkey’s vote and policy will have a critical importance. Up to the present Turkey has hosted the President and authorities of Sudan in several dates and did not hesitate to give a message of support to Sudan. The statements by high rank Turkish authorities, such as the Minister of Foreign Affairs and the Parliamentary Speaker, that might be interpreted as against the court’s decision and in favour of decision of delay by the UN Security Council are worrisome and unacceptable for us.

These statements contradict to Turkish Penal Code, too. The Article 13 of the Turkish Penal Code allows trial of foreign people, who are accused of committing crimes against humanity and crime of massacre, in Turkey. We would like to also state that defending people, who committed actions that are accepted as offence and crimes in the present Turkish Penal Code, is not possible. None of the diplomatic relations can ignore those, who commit crimes against humanity and war crimes.

We, the undersigned organizations, underline Turkey’s role and responsibility in regard to obeying ICC’s decision once again. We convey the following demand and suggestions to authorities.

               1. In accordance with the UN Security Council decision dated 2005 and no 1593, Sudan should submit people, about whom there is an arrest warrant, to the ICC immediately and co-operate with the court in all issues related with the file.
               2. The President, the Prime Minister and authorities of Turkey, who speak out Gaza and Darfur at every possible opportunity in international meetings, should fulfil the arrest warrant and take required steps before Sudan and other states in regard to submission of these kind of people to the ICC.
               3. In the international cooperations conscientious and legal responsibilities should be underlined. There should be active attempts in regard to implementation of ICC decisions.
               4. Turkey, as a member of the UN Security Council, should object to a decision of delay. It should not support any attempt of delay but prevent it.
               5.In order to accomplish international justice and abolish impunity regarding serious crimes that affected human conscience deeply; Turkey should ratify the Rome Statute, which is the founding convention of the International Criminal Court, and recognize the court’s judicial power.