The Sudanese president Omer Hassan al-Bashir left South Africa few hours before judges at the High Court handed down a decision ordering his arrest and rapping the government for what it described as a violation of the constitution.
"The respondents are forthwith compelled to take all reasonable steps to arrest President Bashir ... and detain him pending a formal request for his surrender from the International Criminal Court," presiding Judge Dunstan Mlambo was quoted as saying by local South African media.
Bashir has left around noon local time as the High Court was listening to arguments from the government attorney and the one representing Southern Africa Litigation Centre (SALC).
The government attorney asserted to court in the first part of the proceedings that he believes that Bashir is still in the country.
He went on to say that the list of passengers on the Sudanese presidential plane submitted to the control tower at the Waterkloof airbase did not include the name of Bashir.
The arguments were then focused on the issue of immunity for the Sudanese leader who was indicted by the International Criminal Court (ICC) in 2009 & 2010 over alleged war crimes, genocide and crimes against humanity during the Darfur conflict.
But the government underscored that despite South Africa being a state party to the ICC founding statute and having incorporated it into its constitution, Bashir is covered by the Diplomatic Immunity and Privileges Act .
He also said that Bashir as one of the delegations attending the African Union (AU) summit hosted by South Africa has been granted blanket immunity per this act and for the purposes of this regional summit. .
The judge then asked the government attorney whether Bashir would be liable for arrest should he be South Africa for a vacation.
"Yes" was the direct response by the government attorney.
Before the adjournment of the first session the government attorney affirmed his position that Bashir has not left the country.
After the court session resumed, the government attorney said that he received notification from the South African presidency and Department of International Relations and Cooperation that the Sudanese president flew out.
He explained that the government will initiate an inquiry into how Bashir was able to leave the country despite a previous order barring his departure from the country pending a decision into the case.
Mlambo expressed concern that Bashir was allowed to leave despite the court order and ordered the government to file an affidavit explaining how that happened in what appears a step before determining who will be held in contempt of court.
"It is of concern to us, as a court that an order issued was ignored" he said.
BASHIR TO RECEIVE HERO WELCOME IN KHARTOUM
Bashir is expected to arrive at 6:30 PM in the evening and will be met by a crowd of supporters mobilized by the ruling National Congress Party (NCP).
The Sudanese Minister of State at the Ministry of Information Yasser Youssef confirmed on Monday that President Omar Hassan al-Bashir left Johannesburg.
Sudan News Agency (SUNA) said that the Sudanese Foreign Minister Ibrahim Ghandour will hold a press conference on Monday at Khartoum airport immediately upon the return of President Bashir and his delegation.
Meanwhile, youth organizations and NCP-affiliated entities called for people to come to Khartoum airport on Monday afternoon to receive the president.
CRITICISM OF SOUTH AFRICA
Bashir’s arrival and departure from South Africa unhindered has angered NGO’s and human rights groups.
“This is a sad day for South Africa and a blow to the rule of law,” said Anton du Plessis, managing director of the Institute for Security Studies, an African think-tank.
“Until now, the country has been a champion of international justice and has done more than most in Africa to make sure victims get justice" he told the Globe and Mail newspaper.
Earlier on Monday, United Nations secretary-general Ban Ki-moon said South Africa must arrest Bashir to fulfill its obligations to the international court.
"The International Criminal Court’s warrant for the arrest of President al-Bashir on charges of crimes against humanity and war crimes is a matter I take extremely seriously," U.N. Secretary-General Ban Ki-moon told reporters in Geneva.
"The authority of the ICC must be respected and its decision implemented," Ban added.
Elise Keppler, acting director of international justice at Human Rights Watch (HRW), said that "by allowing this shameful flight, the South African government has disregarded not only its international obligations, but its own courts".
“When Sudanese president Omar al-Bashir took off from South Africa today, he took with him the hopes of thousands of victims of grave crimes in Darfur who wish at last to see justice done,” she said.
“An opportunity was missed, but a clear message has been sent to Bashir that he is not safe from arrest.”
Source: http://www.sudantribune.com/spip.php?article55348
