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Issue No: 200
January 08, 2011

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Court Corridor

Prosecutor confirms accusation against Sudan leader

The International Criminal Court's chief prosecutor has confirmed reports that he told diplomats that his office had found evidence that President Omar al-Bashir of Sudan had a huge personal fortune skimmed from his country's oil income and kept in foreign accounts.

The assertion was made known in a leaked diplomatic cable, first published in the British newspaper. The Guardian in December, from the cache obtained by WikiLeaks and made available to some news organisations. In the cable, which included other discussion of Sudan, an American diplomat at the United Nations wrote that the prosecutor, Luis Moreno-Ocampo, had estimated that Mr. Bashir had a secret stash worth “possibly $9 billion.” Sudanese officials have dismissed the report.

In an interview since then, Mr. Moreno-Ocampo elaborated on the cable's reference to the money. He said investigators in his office who specialise in tracking the financing of violence had been looking into Mr. Bashir's finances for several years as part of the war-crimes case against him. He said they had found evidence that the president had a large private fortune in secret accounts outside Sudan and was using intermediaries to conduct business deals.

“The money comes from oil,” he said, “and he is doing business through third parties.” The prosecutor added that he had received estimates that Mr. Bashir had accrued from “hundreds of millions of dollars to several billion, up to $9 billion.”

Mr. Moreno-Ocampo said it was too early to discuss specifics, including where the secret accounts or the investments were held, other than to rule out any banks in Britain. He said they were in “several places, outside Sudan.”

“We shall clarify this later,” he said. “We are not ready to make requests to freeze the money.”

Absconding with Sudanese oil money it accounts for more than 90 percent of the country's foreign currency revenues is not part of the charges the court can bring against Sudan's president. He faces two international arrest warrants, one on charges of war crimes in Sudan's province of Darfur, and a second one on charges of genocide against several Darfuri tribes.

But money-tracking frequently comes into war-crimes investigations, and Mr. Moreno-Ocampo said in the interview that it was part of his mandate to request the freezing of hidden money or property and later claim it for reparations to victims.

A lawyer close to the work of the financial investigators said that the money trail was a crucial part of the prosecution's case. “We know that money is siphoned off and kept off the books,” said the lawyer, who was not authorised to speak publicly about the case and spoke on condition of anonymity. “Al-Bashir is using the funds to control political groups, to pay the militias and also to enrich his family.”

Identifying the movements of assets can be crucial to demonstrate who the other players are and how violence is financed, the lawyer said.

Still, the leaked diplomatic cable pointed to other motivations for investigating Mr. Bashir's money as well. Written in March 2009, soon after I.C.C. judges issued their first arrest warrant for the president, the cable says: “Ocampo suggested if Bashir's stash of money were disclosed (he put the figure at possibly $9 billion) it would change Sudanese public opinion from him being a 'crusader' to that of a thief.” It continues, “Ocampo suggested simply exposing that Bashir had illegal accounts would be enough to turn the Sudanese against him.”

Also, the content of this and other State Department cables discussing Sudan has come to light, even if accidentally, on the eve of a crucial weeklong referendum starting on Jan. 9 when southern Sudan will vote whether to secede and declare independence from the politically dominant north. Southern leaders have long accused the Bashir government of cheating them out of oil revenues owed to them under the terms of a 2005 peace agreement, and news of the leaked cable has provided fodder for pro-independence politicians to broaden their support.

In his interview, Mr. Moreno-Ocampo said he had asked the help of others, including the United States, in tracking Mr. Bashir's money. “The U.S. are better equipped than we are, they can follow almost any transaction in dollars,” he said.

State Department officials have declined to discuss any WikiLeaks content. One senior American official said that he had seen no evidence to support Mr. Moreno-Ocampo's statements about the extent of Mr. Bashir's wealth but that he was aware of the prosecutor's investigation.

The cables dealing with Sudan and the International Criminal Court seem to unveil few other great secrets, but they offer intriguing new glimpses of the lines along which international justice and national interests can clash.

In 2008, before arrest warrants for Sudan's leader were issued, a cable said that the Chinese ambassador to Sudan had briefed American diplomats on the visit of a Chinese special envoy, including a meeting with Mr. Bashir. The cable said the envoy had repeatedly urged the Sudanese to mobilise internally, engage the international community and even contact the international court, to stave off an indictment that could destabilise Sudan.

China has important investments in Sudan, imports its oil and, like other nations, has stakes in oil concessions. China's envoy, according to the cable, said he was puzzled by British and French support for the court's prosecutor, noting that “French companies have oil interests in Sudan as well as in Chad,” its neighbour.

“Destabilisation of Sudan is in no one's interest,” and “to help Sudan is to help ourselves,” the cable quotes China's ambassador as saying.

Six months later, the first arrest warrant was issued, and a cable notes that Mr. Moreno-Ocampo had said that the United States and others now needed “to push for Bashir's arrest to isolate him” and that he was now like “a bleeding shark being surrounded by other sharks,” a reference to Sudan's ruling elite.

The cable went on to say that Mr. Moreno-Ocampo had suggested that it would be good “to reassure China that its access to oil would not be jeopardised” and that China might be more open to the removal of the president “as long as his replacement would guarantee support for China's economic interests.”

Source: UN Wire.

 

 
 
 
 


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